Assembly Bill A5561

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5561
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2021
                                ___________
 
 Introduced  by M. of A. PICHARDO, SAYEGH, TAYLOR, GALEF -- read once and
   referred to the Committee on Education
 
 AN ACT to amend the education law, in relation to the  sale  of  certain
   foods in vending machines on school grounds or property
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  The education law is amended by adding a new section 915-a
 to read as follows:
   § 915-A.   VENDING MACHINES.  1.  SCHOOL  VENDING  MACHINES  SHALL  BE
 STOCKED ONLY WITH FOOD AND BEVERAGES DESCRIBED IN THIS SUBDIVISION.
   (A)  FOR  ALL  STUDENTS,  ONLY THE FOLLOWING FOOD AND BEVERAGES MAY BE
 PROVIDED IN VENDING MACHINES:
   (1) FRUITS, VEGETABLES, WHOLE GRAINS AND RELATED COMBINATION  PRODUCTS
 AND  NON-FAT  AND LOW-FAT DAIRY THAT ARE LIMITED TO TWO HUNDRED CALORIES
 OR FEWER PER PORTION AS PACKAGED AND CONTAIN:
   (I) NO MORE THAN THIRTY-FIVE PERCENT OF TOTAL CALORIES FROM FAT;
   (II) LESS THAN TEN PERCENT OF TOTAL CALORIES FROM SATURATED FATS;
   (III) ZERO TRANS FAT (LESS THAN OR EQUAL TO 0.5 GRAMS PER SERVING);
   (IV) THIRTY-FIVE PERCENT OR LESS OF CALORIES FROM TOTAL SUGARS, EXCEPT
 FOR YOGURT WITH NO MORE THAN THIRTY GRAMS  OF  TOTAL  SUGARS  PER  EIGHT
 OUNCE PORTION AS PACKAGED; AND
   (V)  A SODIUM CONTENT OF TWO HUNDRED MILLIGRAMS OR LESS PER PORTION AS
 PACKAGED;
   (2) WATER WITHOUT FLAVORING, ADDITIVES OR CARBONATION;
   (3) ONE PERCENT AND NON-FAT MILK IN EIGHT OUNCE PORTIONS;
   (4) FLAVORED MILK WITH NO MORE THAN TWENTY-TWO GRAMS OF  TOTAL  SUGARS
 PER EIGHT OUNCE PORTION;
   (5) ONE HUNDRED PERCENT FRUIT JUICE IN FOUR OUNCE PORTIONS FOR ELEMEN-
 TARY AND MIDDLE SCHOOLS AND EIGHT OUNCE PORTIONS FOR HIGH SCHOOLS; AND
   (6)  CAFFEINE-FREE  BEVERAGES,  WITH THE EXCEPTION OF TRACE AMOUNTS OF
 NATURALLY OCCURRING CAFFEINE SUBSTANCES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08178-01-1

 A. 5561                             2
 
   (B) FOR HIGH SCHOOL STUDENTS AFTER SCHOOL, ONLY THE FOLLOWING FOOD AND
 BEVERAGES MAY BE PROVIDED IN VENDING MACHINES:
   (1) FOODS THAT DO NOT EXCEED TWO HUNDRED CALORIES PER PORTION AS PACK-
 AGED AND CONTAIN:
   (I) NO MORE THAN THIRTY-FIVE PERCENT OF TOTAL CALORIES FROM FAT;
   (II) LESS THAN TEN PERCENT OF TOTAL CALORIES FROM SATURATED FATS;
   (III) ZERO TRANS FAT (LESS THAN OR EQUAL TO 0.5 GRAMS PER PORTION);
   (IV) THIRTY-FIVE PERCENT OR LESS OF CALORIES FROM TOTAL SUGARS; AND
   (V)  A SODIUM CONTENT OF TWO HUNDRED MILLIGRAMS OR LESS PER PORTION AS
 PACKAGED; AND
   (2) NON-CAFFEINATED, NON-FORTIFIED  BEVERAGES  WITH  FEWER  THAN  FIVE
 CALORIES PER PORTION AS PACKAGED (WITH OR WITHOUT NON-NUTRITIVE SWEETEN-
 ERS, CARBONATION OR FLAVORING).
   2.  THE  TERMS  OF ANY CONTRACT ENTERED INTO BETWEEN A SCHOOL DISTRICT
 AND A BUSINESS OR CORPORATION FOR THE OPERATION OF A VENDING MACHINE FOR
 THE SALE OF FOODS AND  BEVERAGES  TO  STUDENTS  SHALL  COMPLY  WITH  THE
 PROVISIONS  OF THIS SECTION. IF A SCHOOL DISTRICT IS PARTY TO A CONTRACT
 WHICH PROVIDES FOR, OR REQUIRES PERIODIC  RENEWAL,  THE  TERMS  OF  SUCH
 RENEWAL SHALL COMPLY WITH THE PROVISIONS OF THIS SECTION.
   §  2.  This act shall take effect on the first of July next succeeding
 the date on which it  shall  have  become  a  law  and  shall  apply  to
 contracts entered into or renewed on or after such date.