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AB5951 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5951
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 17, 2017
                                       ___________
 
        Introduced  by M. of A. PICHARDO, DAVILA, RAIA -- 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:
 
     1    Section 1.  The education law is amended by adding a new section 915-a
     2  to read as follows:
     3    § 915-a.   Vending machines.  1.  School  vending  machines  shall  be
     4  stocked only with food and beverages described in this subdivision.
     5    (a)  For  all  students,  only the following food and beverages may be
     6  provided in vending machines:
     7    (1) fruits, vegetables, whole grains and related combination  products
     8  and  non-fat  and low-fat dairy that are limited to two hundred calories
     9  or fewer per portion as packaged and contain:
    10    (i) no more than thirty-five percent of total calories from fat;
    11    (ii) less than ten percent of total calories from saturated fats;
    12    (iii) zero trans fat (less than or equal to 0.5 grams per serving);
    13    (iv) thirty-five percent or less of calories from total sugars, except
    14  for yogurt with no more than thirty grams  of  total  sugars  per  eight
    15  ounce portion as packaged; and
    16    (v)  a sodium content of two hundred milligrams or less per portion as
    17  packaged;
    18    (2) water without flavoring, additives or carbonation;
    19    (3) one percent and non-fat milk in eight ounce portions;
    20    (4) flavored milk with no more than twenty-two grams of  total  sugars
    21  per eight ounce portion;
    22    (5) one hundred percent fruit juice in four ounce portions for elemen-
    23  tary and middle schools and eight ounce portions for high schools; and
    24    (6)  caffeine-free  beverages,  with the exception of trace amounts of
    25  naturally occurring caffeine substances;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09371-01-7

        A. 5951                             2
 
     1    (b) For high school students after school, only the following food and
     2  beverages may be provided in vending machines:
     3    (1) foods that do not exceed two hundred calories per portion as pack-
     4  aged and contain:
     5    (i) no more than thirty-five percent of total calories from fat;
     6    (ii) less than ten percent of total calories from saturated fats;
     7    (iii) zero trans fat (less than or equal to 0.5 grams per portion);
     8    (iv) thirty-five percent or less of calories from total sugars; and
     9    (v)  a sodium content of two hundred milligrams or less per portion as
    10  packaged; and
    11    (2) non-caffeinated, non-fortified  beverages  with  fewer  than  five
    12  calories per portion as packaged (with or without non-nutritive sweeten-
    13  ers, carbonation or flavoring).
    14    2.  The  terms  of any contract entered into between a school district
    15  and a business or corporation for the operation of a vending machine for
    16  the sale of foods and  beverages  to  students  shall  comply  with  the
    17  provisions  of this section. If a school district is party to a contract
    18  which provides for, or requires periodic  renewal,  the  terms  of  such
    19  renewal shall comply with the provisions of this section.
    20    §  2.  This act shall take effect on the first of July next succeeding
    21  the date on which it  shall  have  become  a  law  and  shall  apply  to
    22  contracts entered into or renewed on or after such date.
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