What's happening
This bill requires most vending machines on New York State property to offer primarily healthy food and beverage options and sets nutrition standards, enforcement, and penalties for noncompliance.
Why it matters
Sets strict nutritional standards for foods and beverages. in state-owned or -leased vending machines, directly targeting trans fat, sodium, calorie, fat, and sugar content, which could meaningfully shift what snacks and drinks are available in high-traffic public settings.
Requires that at least 75% of vending machine options be “healthy”. (as defined by the bill), and mandates prominent placement and labeling of healthier items, potentially nudging consumers toward better choices and impacting consumption habits over time.
Imposes tangible enforcement mechanisms and penalties. including fines and potential bans from operating on state property after repeated violations—which signal the state’s seriousness in implementing and maintaining healthier food environments.
Mandates periodic review and public reporting. by the Department of Health, ensuring that standards evolve with nutrition science and that there’s ongoing oversight of compliance, which may increase transparency and accountability for both vending operators and the state.
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Who cares
Headline styles
Require Healthy Vending Choices
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 55
No co-sponsors yet.
History
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Healthy Vending Snacks
In Assembly Committee · Governmental Operations · Sponsor Jeffrey Dinowitz
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7336
IN SENATE
January 8, 2018
Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to enacting the New York healthy vending act
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The public health law is amended by adding a new article 17 to read as follows:
ARTICLE 17
NEW YORK HEALTHY VENDING ACT Section 1700. Definitions.
1701. Applicability.
1702. Vending machine requirements.
1703. Enforcement and reports.
1704. Violations and penalties.
§ 1700. Definitions. For the purposes of this article, the following terms shall have the following meanings:
1. "Food and beverage vending machine" means a self-service machine offered for public use that, on insertion of a coin, paper currency, token, card, or key, or by optional manual operation, dispenses servings of food or beverages in bulk or in packages, or prepared by the machine, without the necessity of replenishing the device between each vended operation.
2. "Packaged" means bottled, canned, securely bagged, or securely wrapped, whether packaged in a food establishment or a food processing plant.
3. "Healthy food or beverage option" means a packaged food or beverage that meets the requirements to be a healthy food option or a healthy beverage option established in section seventeen hundred two of this article.
§ 1701. Applicability. 1. All food and beverages sold by state agencies, including through vending machines located on property owned or leased by the state, shall meet minimum nutrition and procurement standards as set forth in section seventeen hundred two of this article.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07349-01-7
S. 7336 2
2. If a food and beverage vending machine is located on state property that has been leased to a private entity, the department shall encourage the tenant to meet the requirements of this article.
§ 1702. Vending machine requirements. 1. Any packaged food and beverage option offered in a food and beverage vending machine shall contain:
(a) less than one-half of a gram of trans fat per serving; and
(b) no more than two hundred milligrams of sodium per package.
2. At least seventy-five percent of the packaged food and beverage options offered in a food and beverage vending machine shall be healthy food or beverage options.
3. The following beverages are considered a healthy beverage option:
(a) fat free milk;
(b) one percent low fat dairy milk;
(c) calcium or vitamin D fortified soy milk with fewer than two hundred calories per container; and
(d) packages containing twelve ounces or less of one hundred percent fruit juice, vegetable juice, or fruit juice combined with water, with no added caloric sweeteners and no more than two hundred milligrams of sodium per container.
4. Except as provided in subdivision three of this section, a healthy beverage option may not contain more than forty calories per package.
5. A healthy food option shall contain:
(a) no more than two hundred calories per package;
(b) less than thirty-five percent of calories from fat, except for foods containing one hundred percent nuts or seeds;
(c) less than ten percent of calories from saturated fat; and
(d) no more than thirty-five percent of calories from total sugars, except for one percent or two percent fat or nonfat dairy products, nondairy milk products, fruits, and vegetables.
6. Sugarless chewing gum and mints are considered a healthy food option.
7. A healthy food or beverage option offered for sale in a food and beverage vending machine shall be displayed in a way that is easily visible and distinguishable from foods and beverages that are not considered healthy food or beverage options.
8. A healthy food or beverage option shall be stocked in a position with the highest selling potential.
9. An operator of a food and beverage vending machine shall post a sign in close proximity to each food or beverage option or the selection button for the food or beverage option that includes a clear and conspicuous statement disclosing the number of calories contained in the food or beverage option if a food or beverage option sold from the vending machine:
(a) is packaged in a way that does not allow the prospective purchaser to examine the nutrition facts panel before purchasing the food or beverage; or
(b) does not otherwise provide visible nutrition information at the point of purchase.
10. This article may not be construed to require a unit of state government to place a food and beverage vending machine on state property.
§ 1703. Enforcement and reports. 1. On or before the first of January, two thousand twenty-two, and every five years thereafter, the department shall review and, if necessary, revise and update the requirements for healthy food options and healthy beverage options established in section
S. 7336 3
seventeen hundred two of this article to reflect advancements in nutrition science, dietary data, and product availability.
2. To enforce this article, the department may:
(a) inspect food and beverage vending machines that are subject to this article; and
(b) receive reports from persons regarding potential noncompliance with this article.
3. The department shall disseminate information and conduct trainings on the requirements of this article.
4. On or before the first of January, two thousand nineteen, and every two years thereafter, the department shall report to the governor on:
(a) the implementation of this article, including successes, challenges, and barriers;
(b) an assessment of the compliance of food and beverage vending machine operators with this article; and
(c) recommendations for improving the healthy food or beverage option standards and food and beverage vending machine operator compliance, if necessary.
§ 1704. Violations and penalties. 1. A person who violates this article is subject to:
(a) for a first violation, a civil fine of no less than one hundred dollars paid by the food and beverage vending machine operator; and
(b) for each subsequent violation, a civil fine of not less than five hundred dollars paid by the food and beverage vending machine operator.
2. A person who commits five or more violations within a six month period:
(a) may not operate a food and beverage vending machine on state property; and
(b) is subject to a civil fine of not less than one thousand dollars.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to enacting the New York healthy vending act
Purpose or general idea of bill
The purpose of this bill is to ensure that employees and visitors of public buildings and places are afforded healthy food options in vending machines.
Summary of specific provisions
Section 1 amends the public health law by adding a new article 17 which would create the New York State Healthy Vending Act and provide for definitions, applicability, and vending machine requirements. The arti- cle also provides enforcement provisions and violation and penalty provisions.
Section 2 sets the effective date.
Justification
The New York State Healthy Vending Act is intended to afford healthier eating choices in food and beverage vending machines located on state property whether owned by the state or leased by the state. The spirit of this legislation is quite simple; employees and visitors of state buildings, parks, concourses, etc., should be afforded the ability to find food or drink in a vending machine that would meet a reasonable nutritional standard as set forth in the bill. The ability to find heal- thy and nutritious food and beverage directly impacts the state in a positive way as the state pays significant money annually fighting obesity and diet-related diseases. Making healthy food available on government property gives the employees, visitors to government proper- ty, and participants in government-sponsor programs an opportunity to make better lifestyle choices. When a government entity provides healthy options to its employees, it demonstrates that the government is commit- ted to addressing the pressing issue of obesity.
Currently there are more than 9 million New Yorkers employed throughout the state. The workplace is a key environment for maintaining the health of the population through comprehensive worksite wellness programming and the promotion of a culture of health. According to the American Heart Association six out of ten adult New Yorkers, and one-third of the state's children, are at serious risk for diet-related diseases, this can be influenced by unhealthy nutrition. The cost of treating the chronic diseases related to obesity is staggering: related medical expenses in New York State are estimated at more than $11.8 billion annually.
Cities such as Baltimore and Chicago have taken similar steps to offer healthier vending options and according to the Center for Science in the Public Interest (CSPI) the results have found not only a positive recep- tion employees and visitors, but also a maintained profitability, or an increase in profits when vending machine's offer healthier options.
This legislation does not intend to remove a consumer's choice by entirely removing unhealthy options, but it will require that at minimum 75% of the contents of a vending machine meet the nutritional standards established by the bill. This will provide for healthy options while also respecting consumer choice.
Prior legislative history
This is a new bill.
Fiscal implications
None to the state.
Effective date
This act shall take effect on the one hundred eightieth day after which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.