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