Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1570 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 1752 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 1570
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jason M. Lewis
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to expanding access to healthy food choices in vending machines on state
13	13	property.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :Jason M. LewisFifth Middlesex 1 of 5
17	17	SENATE DOCKET, NO. 1752 FILED ON: 1/16/2025
18	18	SENATE . . . . . . . . . . . . . . No. 1570
19	19	By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1570) of Jason M. Lewis for
20	20	legislation to expand access to healthy food choices in vending machines on state property.
21	21	Public Health.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE SENATE, NO. 1399 OF 2023-2024.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act relative to expanding access to healthy food choices in vending machines on state
30	30	property.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Section 133A of chapter 6 of the General Laws, as appearing in the 2020
34	34	2Official Edition, is hereby amended by striking out, in lines 18 to 19, the words “no later than
35	35	3December thirty-first, nineteen hundred and eighty-three” and inserting in place thereof the
36	36	4following words:- annually, on or before December 31.
37	37	5 SECTION 2. Chapter 111 of the General Laws, as so appearing, is hereby amended by
38	38	6adding the following section:-
39	39	7 Section 245. (a) As used in this section, the following words shall, unless the context
40	40	8clearly indicates otherwise, have the following meanings: 2 of 5
41	41	9 “Commissioner”, the commissioner of public health
42	42	10 “Department”, the department of public health
43	43	11 “Government property”, all property owned or managed by the commonwealth including
44	44	12government office buildings, road-side rest stops, state parks and recreation centers, state
45	45	13colleges and universities and state-supported hospitals.
46	46	14 “Non RSA-vendor”, any person who by contract, agreement or ownership is responsible
47	47	15for furnishing, installing, servicing, operating or maintaining a vending machine or vending
48	48	16facility who is not licensed by the commission for the blind to operate such machine or facility.
49	49	17 "Nutritional standards”, the standards promulgated by the department in accordance with
50	50	18subsection (b).
51	51	19 “Vending machine”, any self-service device offered for public use which, upon insertion
52	52	20of a coin, coins, token, paper currency, or by any other means, dispenses servings of food or
53	53	21beverage, either in bulk or in package.
54	54	22 “Vendor”, a blind person licensed by the commission for the blind to operate a vending
55	55	23facility under the terms of the Randolph-Shepard Act, 20 U.S.C. chapter 6A, section 107; 29
56	56	24U.S.C. sections 701 et. seq.; and sections 129, 130, 131J and 133 through 133E, inclusive, of
57	57	25chapter 6 of the General Laws.
58	58	26 (b) All foods or beverages sold through vending machines located in government
59	59	27buildings or on property owned or managed by the commonwealth shall be limited to food and
60	60	28beverage items that comply with the nutritional standards established by the commissioner of
61	61	29public health. The commissioner shall promulgate regulations establishing evidence-based 3 of 5
62	62	30nutrition and food procurement standards that meet or exceed those set forth in "Food Service
63	63	31Guidelines for Federal Facilities.” issued by the federal general services administration. These
64	64	32standards shall apply to any new contracts with the state.
65	65	33 (c) A non-RSA vendor may meet the requirements in subsection (b) by: (i) offering 20
66	66	34per cent of the food or beverages in a vending machine that meet nutritional standards by one
67	67	35year after implementation; (ii) offering 40 per cent of the food or beverages required to meet
68	68	36nutritional standards by two years after implementation; (iii) offering 60 per cent of the food or
69	69	37beverages required to meet nutritional standards by three years after implementation; and (iv)
70	70	38offering 75% per cent of the food or beverages or higher required to meet nutritional standards
71	71	39by four years after implementation and thereafter.
72	72	40 A vendor licensed by the state licensing agency pursuant to sections 133A to 133F,
73	73	41inclusive, of chapter 6 may meet the requirements in subsection (b) by: (i) offering 10 per cent of
74	74	42the food or beverages in a vending machine that meet nutritional standards by one year after
75	75	43implementation; (ii) offering 30 per cent of the food or beverages required to meet nutritional
76	76	44standards by two years after implementation; (iii) offering 50 per cent of the food or beverages
77	77	45required to meet nutritional standards by three years after implementation; (iv) offering 60 per
78	78	46cent of the food or beverages required to meet nutritional standards by four years after
79	79	47implementation; and (v) 75% per cent of the food or beverages or higher required to meet
80	80	48nutritional standards by five years after implementation and thereafter.
81	81	49 (d) Five years after enactment of this act and every 5 years thereafter, the department
82	82	50shall review, and if necessary, revise and update the nutritional standards set forth subsections 4 of 5
83	83	51(b) and (c) to reflect advancements in nutrition science, dietary data, and new product
84	84	52availability.
85	85	53 The commissioner shall periodically review such nutritional and procurement standards
86	86	54and amend the regulations to reflect advancements in nutrition science, dietary data, and new
87	87	55product availability. The commissioner shall also establish by regulation rules regarding
88	88	56requirements for display of nutritional information on or near vending machines located in
89	89	57government buildings or on property owned or managed by the commonwealth about products
90	90	58sold in such vending machines. The commissioner shall also establish regulation regarding that
91	91	59food and beverage items that meet the nutrition standards should be placed so as to be
92	92	60prominently and easily visible, and in the prime selling positions. The commissioner shall also
93	93	61establish by regulation a schedule for compliance by vendors and non-RSA vendors with the
94	94	62nutritional standards established by the commissioner.
95	95	63 To assist in the implementation of the nutritional standards set forth in this section, the
96	96	64commissioner shall designate an appropriate position within the department to disseminate
97	97	65information and train staff on the nutritional standards to ensure compliance. The designated
98	98	66position shall monitor compliance and report to the commissioner every year on the status of
99	99	67implementation. The annual report shall include: an assessment of compliance with the
100	100	68nutritional standards; a description of any issues encountered in implementation of the nutritional
101	101	69standards; and recommendations for improvement of the nutritional standards and compliance.
102	102	70 The commissioner shall take the following actions:
103	103	71 (1) notify current vendors and non-RSA vendors of the nutritional standards and the
104	104	72required schedule for compliance. 5 of 5
105	105	73 (2) require future procurement or vending contracts to include a provision stipulating that
106	106	74all food and beverage items will meet the nutritional standards; and
107	107	75 (3) determine whether products sold through vending machines located in government
108	108	76buildings or on property owned or managed by the commonwealth meet the nutritional standards
109	109	77established by the commissioner.
110	110	78 (e) Any vendor or non-RSA vendor who is found to be in noncompliance shall be subject
111	111	79to termination of contract within any state facility or on state property; provided, however, that
112	112	80any such vendor or non-RSA vendor shall have 60 days to cure any such non-compliance before
113	113	81termination.
114	114	82 (f) Nothing in this section shall be construed to require a state agency, institute, property,
115	115	83administrator, or manager to place vending machines on government property.