S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2263
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced by M. of A. PICHARDO -- read once and referred to the Commit-
   tee 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.
              

                                                            LBD06448-01-9

 A. 2263                             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.