NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1451
SPONSOR: Dinowitz (MS) 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 one of the bill adds article 18 to the public health law to
create the New York State Healthy Vending Act.
§ 1800 defines "food and beverage vending machine" to mean a self-ser-
vice machine that dispenses food or beverages in bulk or in packages, or
prepared by the machine, "packaged" to mean bottled, canned, securely
bagged, or securely wrapped, and "healthy food or beverage option" to
mean a packaged food or beverage that meets the requirements to be a
healthy food option or a healthy beverage option established in section
eighteen hundred two of this article.
§ 1801 provides the applicability requiring that all food and beverages
that are sold by state agencies, including through vending machines
located on property owned or leased by the state, to meet the minimum
nutrition and procurement standards as set forth in section eighteen
hundred two of this article. This section also requires the department
of health to encourage a tenant who leases state property to meet the
requirements of this article if a food and beverage vending machine is
located on the aforementioned state property.
§ 1802 provides the requirements of vending machines.
Subdivision one requires that any packaged snack food and beverage
option that is offered in a food and beverage vending machine to contain
zero grams of trans fat and a maximum of two hundred grams of sodium per
package.
Subdivision two requires that seventy-five percent of entree items
contain no more than 400 calories per package or item, a maximum of four
hundred and eighty milligrams of sodium per package or item, a maximum
of thirty five percent of calories from fat per package or item, a maxi-
mum of ten percent of calories from saturated fat per package or item,
zero grams of trans fat, and a maximum of thirty five percent of calo-
ries from total sugars to a maximum of fifteen grams of sugar per pack-
age or item.
Subdivision three requires that entree item must meet at least two of
four positive nutritional value standards: (1) Contain one-fourth cup of
fruit, non-fried vegetable, or fat-free/low-fat dairy; (2) Contain one
ounce of nuts or seeds or one tablespoon of nut butter; (3) At least
fifty percent of the grain ingredients are whole grain; and (4) Contain
at least ten percent of the daily value of a naturally occurring nutri-
ent of public health concern (calcium, potassium, vitamin D, or fiber).
Subdivision four provides for a phase in period under which a percentage
of packaged food and beverage options offered in a food and beverage
vending machine are required to be healthy food or beverage options with
twenty-five percent being required upon the effective date of this
section, at least fifty percent being required within two years of the
effective date of this section, and at least seventy-five percent being
required within three years of the effective date of this section and
thereafter.
Subdivision five states that fat-free milk, one percent low fat dairy
milk, calcium or vitamin D fortified soy milk containing fewer than 200
calories per container, and 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 are beverages which are
considered healthy beverage options.
Subdivision six allows healthy beverage options to contain more than
forty calories per package only as provided in subdivision five.
Subdivision seven requires that healthy food options to contain no more
than two hundred calories per package, less than thirty-five percent of
calories from fat, except for foods containing one hundred percent nuts
or seeds, fewer than ten percent of calories from saturated fat, and a
maximum of thirty-five percent of calories from total sugars, except
fruits and vegetables with no added calorie sweeteners or fats and
yogurt with fewer than thirty grams of total sugar per eight ounces.
Subdivision eight classifies sugarless chewing gum and mints as healthy
food options.
Subdivision nine requires a healthy food or beverage option offered for
sale in a food and beverage vending machine to be displayed in an easily
visible and distinguishable way from foods and beverages that are not
considered healthy food or beverage options.
Subdivision ten requires healthy food and beverage options to be stocked
in such a manner as to have the highest selling potential.
Subdivision eleven requires operators of food and beverage vending
machines to 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 statement disclosing the number of calories contained in the
food or beverage option if a food or beverage option sold from the vend-
ing machine is either packaged in a way that does not allow the prospec-
tive purchaser to examine the nutrition facts panel or does not other-
wise provide visible nutrition information at the point of purchase.
Subdivision twelve prohibits this article from being construed as
requiring a unit of state government to place a food and beverage vend-
ing machine on state property.
§ 1803 requires the department of health to review and, if necessary,
revise and update the requirements for healthy food options and healthy
beverage options established to reflect advancements in nutrition
science, dietary data, and product availability by the first of January,
two thousand thirty and five years thereafter. This section also author-
izes the department to inspect food and beverage vending machines that
are subject to this article and receive reports regarding potential
noncompliance with this article. Finally, this section requires the
department to disseminate information and conduct trainings on the
requirements of this article and to, by January 1, 2026, and every two
years thereafter, to report to the governor on the implementation of
this article, an assessment of food and beverage vending machine opera-
tors, and recommendations to improve, if necessary, the healthy food or
beverage option standards and food and beverage vending machine operator
compliance.
§ 1804 subjects a person who violates this article to a civil fine of up
to one hundred dollars paid by the food and beverage vending machine
operator for a first violation and a civil fine of up to five hundred
dollars for each subsequent violation by the food and beverage vending
machine operator. This section also prohibits a person who commits five
or more violations within a six-month period from operating a food and
beverage vending machine on state property and subjects the person to a
civil fine of up to one thousand dollars.
Section two of the bill provides 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
committed 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
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 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. It will initially require a. mini-
mum of 25% of the contents of a vending machine in a public building to
meet the nutritional standards established by the bill. Over the course
of a three-year incremental period, the bill eventually requires a mini-
mum of 75% compliance with the bill's standards. This will provide for
healthy options while also respecting consumer choice.
PRIOR LEGISLATIVE HISTORY:
2023-24:A.1711 -Governmental Operations/S.4045- Health
2021-22:A.5750 -Governmental Operations/S.458 -Health
2019-20:A.6225 -Governmental Operations/S.4128- Third Reading Calendar
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.
STATE OF NEW YORK
________________________________________________________________________
1451
2025-2026 Regular Sessions
IN ASSEMBLY
January 9, 2025
___________
Introduced by M. of A. DINOWITZ, COOK, GLICK, ROSENTHAL, PHEFFER AMATO,
EPSTEIN, RAGA -- Multi-Sponsored by -- M. of A. SIMON, STECK -- read
once and referred to the Committee on Governmental Operations
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 Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new article 18
2 to read as follows:
3 ARTICLE 18
4 NEW YORK HEALTHY VENDING ACT
5 Section 1800. Definitions.
6 1801. Applicability.
7 1802. Vending machine requirements.
8 1803. Enforcement and reports.
9 1804. Violations and penalties.
10 § 1800. Definitions. For the purposes of this article, the following
11 terms shall have the following meanings:
12 1. "Food and beverage vending machine" means a self-service machine
13 offered for public use that, on insertion of a coin, paper currency,
14 token, card, or key, or by optional manual operation, dispenses servings
15 of food or beverages in bulk or in packages, or prepared by the machine,
16 without the necessity of replenishing the device between each vended
17 operation.
18 2. "Packaged" means bottled, canned, securely bagged, or securely
19 wrapped, whether packaged in a food establishment or a food processing
20 plant.
21 3. "Healthy food or beverage option" means a packaged food or beverage
22 that meets the requirements to be a healthy food option or a healthy
23 beverage option established in section eighteen hundred two of this
24 article.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03125-01-5
A. 1451 2
1 § 1801. Applicability. 1. All food and beverages sold by state agen-
2 cies, including through vending machines located on property owned or
3 leased by the state, shall meet minimum nutrition and procurement stand-
4 ards as set forth in section eighteen hundred two of this article.
5 2. If a food and beverage vending machine is located on state property
6 that has been leased to a private entity, the department shall encourage
7 the tenant to meet the requirements of this article.
8 § 1802. Vending machine requirements. 1. Any packaged snack food and
9 beverage option offered in a food and beverage vending machine shall
10 contain:
11 (a) zero grams of trans fat per serving; and
12 (b) no more than two hundred milligrams of sodium per package.
13 2. At a minimum, seventy-five percent of entree food items must meet
14 the following calorie, sodium, fat, and sugar standards:
15 (a) No more than four hundred calories per package/item;
16 (b) No more than four hundred eighty milligrams of sodium per
17 package/item;
18 (c) No more than thirty-five percent of calories from fat per
19 package/item (one gram fat = nine calories, therefore no more than
20 fifteen grams for a four hundred-calorie item);
21 (d) No more than ten percent of calories from saturated fat per
22 package/item (one gram fat = nine calories, therefore no more than four
23 grams for a four hundred-calorie item);
24 (e) Zero grams trans fat per package/item; and
25 (f) No more than thirty-five percent of calories from total sugars,
26 with a maximum of fifteen grams of total sugars per package/item (one
27 gram sugar = four calories).
28 3. Each entree item must meet at least two of the following positive
29 nutritional value standards:
30 (a) Contain one-fourth cup of fruit, non-fried vegetable, or fat-
31 free/low-fat dairy;
32 (b) Contain one ounce of nuts or seeds or one tablespoon of nut
33 butter;
34 (c) At least fifty percent of the grain ingredients are whole grain;
35 and
36 (d) Contain at least ten percent of the daily value of a naturally
37 occurring nutrient of public health concern (calcium, potassium, vitamin
38 D, or fiber).
39 4. Upon the effective date of this section, at least twenty-five
40 percent of the packaged food and beverage options offered in a food and
41 beverage vending machine shall be healthy food or beverage options.
42 Within two years from the effective date of this section, at least fifty
43 percent of the packaged food and beverage options offered in a food and
44 beverage vending machine shall be healthy food or beverage options.
45 Within three years from the effective date of this section and thereaft-
46 er, at least seventy-five percent of the packaged food and beverage
47 options offered in a food and beverage vending machine shall be healthy
48 food or beverage options.
49 5. The following beverages are considered a healthy beverage option:
50 (a) fat free milk;
51 (b) one percent low fat dairy milk;
52 (c) calcium or vitamin D fortified soy milk with fewer than two
53 hundred calories per container; and
54 (d) packages containing twelve ounces or less of one hundred percent
55 fruit juice, vegetable juice, or fruit juice combined with water, with
A. 1451 3
1 no added caloric sweeteners and no more than two hundred milligrams of
2 sodium per container.
3 6. Except as provided in subdivision five of this section, a healthy
4 beverage option may not contain more than forty calories per package.
5 7. A healthy food option shall contain:
6 (a) no more than two hundred calories per package;
7 (b) less than thirty-five percent of calories from fat, except for
8 foods containing one hundred percent nuts or seeds;
9 (c) less than ten percent of calories from saturated fat; and
10 (d) no more than thirty-five percent of calories from total sugars,
11 excluding fruits and vegetables with no added calorie sweeteners or fats
12 and yogurt with less than thirty grams of total sugar per eight ounces.
13 8. Sugarless chewing gum and mints are considered a healthy food
14 option.
15 9. A healthy food or beverage option offered for sale in a food and
16 beverage vending machine shall be displayed in a way that is easily
17 visible and distinguishable from foods and beverages that are not
18 considered healthy food or beverage options.
19 10. A healthy food or beverage option shall be stocked in a position
20 with the highest selling potential.
21 11. An operator of a food and beverage vending machine shall post a
22 sign in close proximity to each food or beverage option or the selection
23 button for the food or beverage option that includes a clear and
24 conspicuous statement disclosing the number of calories contained in the
25 food or beverage option if a food or beverage option sold from the vend-
26 ing machine:
27 (a) is packaged in a way that does not allow the prospective purchaser
28 to examine the nutrition facts panel before purchasing the food or
29 beverage; or
30 (b) does not otherwise provide visible nutrition information at the
31 point of purchase.
32 12. This article may not be construed to require a unit of state
33 government to place a food and beverage vending machine on state proper-
34 ty.
35 § 1803. Enforcement and reports. 1. On or before the first of January,
36 two thousand thirty, and every five years thereafter, the department
37 shall review and, if necessary, revise and update the requirements for
38 healthy food options and healthy beverage options established in section
39 eighteen hundred two of this article to reflect advancements in nutri-
40 tion science, dietary data, and product availability.
41 2. To enforce this article, the department may:
42 (a) inspect food and beverage vending machines that are subject to
43 this article; and
44 (b) receive reports from persons regarding potential noncompliance
45 with this article.
46 3. The department shall disseminate information and conduct trainings
47 on the requirements of this article.
48 4. On or before the first of January, two thousand twenty-six, and
49 every two years thereafter, the department shall report to the governor
50 on:
51 (a) the implementation of this article, including successes, chal-
52 lenges, and barriers;
53 (b) an assessment of the compliance of food and beverage vending
54 machine operators with this article; and
A. 1451 4
1 (c) recommendations for improving the healthy food or beverage option
2 standards and food and beverage vending machine operator compliance, if
3 necessary.
4 § 1804. Violations and penalties. 1. A person who violates this arti-
5 cle is subject to:
6 (a) for a first violation, a civil fine of no less than one hundred
7 dollars paid by the food and beverage vending machine operator; and
8 (b) for each subsequent violation, a civil fine of not less than five
9 hundred dollars paid by the food and beverage vending machine operator.
10 2. A person who commits five or more violations within a six month
11 period:
12 (a) may not operate a food and beverage vending machine on state prop-
13 erty; and
14 (b) is subject to a civil fine of not less than one thousand dollars.
15 § 2. This act shall take effect on the one hundred eightieth day after
16 it shall have become a law.
