AGENDA ITEM 6A
February 3, 2017
Introduction
MEMORANDUM
February 7, 2017
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative Attorney
C~qJr\v-~
Introduction:
Bill 1-17, Contracts and Procurement - Vending Machine Service
Contracts - Healthy Vending Standards
Bill 1-17, Contracts and Procurement - Vending Machine Service Contracts - Healthy Vending
Standards, sponsored by Lead Sponsor Councilmember Leventhal and Co-Sponsor Councilmember
Rice, is scheduled to
be
introduced on February 7,2017. A public hearing is tentatively scheduled
for February 28 at 1:30 p.m.
Bill 1-17 would require certain vending machine service contracts the County enters into to adhere
to certain nutrition standards, and labeling and product placement requirements. Under Bill 1-17,
all new vending machine contracts entered into must require:
• all food or beverage items offered for sale be less than 0.5 grams of trans-fat per serving
an no more than 200 milligrams of sodium per package; and
• any beverage offered for sale be less than 250 calories or 20 fluid ounces.
These nutrition requirements would go into effect for any vending machine service contract
entered into on or after the date of enactment of the legislation. In addition, the bill sets forth
certain "healthy vending standards" (©2-3, lines 17-40). Any vending machine service contract
entered into on or after July 1, 2017 must require at least 50% of the food and beverage items
offered for sale meet the healthy vending standards. This increases to 65% for any vending
machine service contract entered into after July 1,2018.
This packet contains:
Bill 1-17
Legislative Request Report
Sponsor memorandum
Circle #
1
6
7
F:\LAW\BILLS\1701 Healthy Vending\Intro Memo.Docx
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Bill No.
1-17
Concerning: Contracts and Procurement
- Vending Machine Service Contracts
- Healthy Vending Standards
Revised: 1/19/2017
Draft No.
~
Introduced:
February 7. 2017
Expires:
August 7.2018
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: _N:...::o:::.!n.!!:e:.....-_ _ _ _ __
Ch. _ _• Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Councilmember Leventhal
Co-Sponsor: Councilmember Rice
AN
ACT to:
(a)
(b)
require certain vending machine service contracts the County enters into to adhere to
certain nutrition standards, and labeling and product placement requirements; and
generally amend County procurement law.
By adding
Montgomery County Code
Chapter 11B, Contracts and Procurement
i\rticle )[\fIll
Sections IIB-78, IIB-79, IIB-80, IIB-81, and IIB-82
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 1-17
1
Sec.
1.
Article
XVllI
(Sections
llB-78, llB-79, llB-80, l1B-8l,
and
2
3
4
llB-82)
is added as follows:
Article XVITI. Vending Machine Service Contracts.
llB-78.
Definitions.
As used in this Article, the following terms have the meanings indicated:
5
6
7
8
Packaged
means bottled, canned, securely bagged, or securely wrapped,
whether packaged in
~
food establishment or
~
food processing plant.
Vending machine
means
~
self-service machine offered for public use that, upon
insertion of
~
coin, paper, currency, token, card, or key, or
Qy
optional manual
operation, dispenses servings of food or beverages in bulk or in packages, or
prepared
Qy
the machine, without the necessity of replenishing the device
between each vended operation
9
10
11
12
13
llB-79.
Applicability.
This Article applies only to vending machines located on property owned
Qy
the
County.
14
15
16
17
18
llB-80.
Healthy vending standards.
.ill}
An item designated as
~
healthy food choice must contain:
19
ill
ill
ill
8:)
no more than 200 calories per package;
less than 35% of total calories from fat, except for foods containing
20
21
100% nuts or seeds with no added fats;
less than 10% of calories from saturated fat; and
no more than
350/0
ofcalories from total sugars, except for
1%,20/0,
or non-fat dairy products, non-dairy milk products, fruits, and
vegetables.
22
23
24
25
26
(hl
At least one healthy food choice offered in
~
vending machine must meet
the Food and Drug Administration's definition of "low sodium".
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BILL
No.
1-17
27
W
@
Except as provided in paragraph
@1
an item designated as
~
healthy
28
29
30
31
beverage choice must contain fewer than 40 calories per serving.
The following beverages may also be designated as
choice:
~
healthy beverage
32
33
34
35
36
37
ill
ill
ill
fat-free or 1% low fat dairy milk;
calcium or vitamin D fortified soy milk with less than 200 calories
per container;
~
container with 12 ounces or less of:
100% fruit juice;
vegetable juice that contains less than 230 milligrams of
sodium per serving; or
(A)
illl
(Q
38
39
fruit juice combined with water with no added caloric
sweeteners and no more than 200 milligrams of sodium per
container.
40
41
IIB-81. Vending machine service contract requirements.
(ill
Any new vending machine service contract or vending machine service
contract renewal the County enters into on or after
{date
gfenactment}
must require the following:
42
43
44
45
46
ill
Any packaged food or beverage item offered for sale in
~
vending
machine contain:
(A)
less than 0.5 grams of trans-fat per serving; and
no more than 200 milligrams of sodium per package.
~
47
48
49
illl
ill
Any beverage offered for sale in
contain more than:
-=-=-===---­
250 calories; or
20 fluid
- - -
ounces.
vending machine must not
50
51
52
CD
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BILL No. 1-17
53
54
55
56
57
ill
ill
Water without added caloric sweeteners must be stocked in a
beverage vending machine.
Food and beverage items that meet the nutrition requirements in
Section IIB-80
- - - -
must be:
CA)
displayed in
~
way that is distinguishable from food and
58
59
beverage items that do not meet those requirements; and
lID
stocked in positions with highest selling potential, as
determined
Qy
the Director of the Department of General
Services.
60
61
62
63
64
ill
Food and beverage items that meet the nutrition requirements in
Section IIB-80 must be comparatively priced or less expensive
than products that do not meet those standards.
65
66
®
Vending machines must display nutritional labeling that complies
with the standards for nutritional labeling set forth in 21 Code of
Federal Regulations, Sections 101 and 109, or any successor
prOVIsIOn.
67
68
69
70
ill
In addition to the requirements of paragraph
lli1
any new vending
machine service contract or vending machine service contract renewal the
County enters into on or after July
1."
2017 must require that at least 50%
71
72
73
74
75
ofthe food and beverage items offered for sale in vending machines meet
the requirements in Section IIB-80.
W
In addition to the requirements of paragraph
lli1
any new vending
machine service contract or vending machine service contract renewal
that the County enters into on or after July
76
77
L
2018 must require that at
least 65% of the food and beverage items offered for sale in vending
machines meet the requirements in Section IIB-80.·
78
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BILL
No. 1-17
79
80
81
82
83
84
85
IlB-82.
Annual report.
The Director ofthe Department of General Services must submit
~
report to the
County Council and County Executive
Qy
September 30 each year. The report must
include:
W
(Q)
an assessment of compliance with this Article;
successes, challenges, and barriers experienced in implementation; and
any recommendations for improvement ofthe standards and compliance.
W
Approved:
86
87
Roger Berliner, President, County Council
88
Date
Approved:
89
Isiah Leggett, County Executive
Date
90
This is a correct copy ofCouncil action.
91
Linda M. Lauer, Clerk of the Council
Date
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LEGISLATIVE REQUEST REPORT
Bill 1-17
Contracts and Procurement
-
Vending Machine Service Contracts-Healthy Vending
Standards
DESCRIPTION:
Bill 1-17 would require certain vending machine service contracts the
County enters into to adhere to certain nutrition standards, and
labeling and product placement requirements
Often, unhealthy snacks are provided in vending machines.
Promote better health by requiring nutritional standards for products
offered
in
vending machines on county property.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
Department of General Services
FISCAL IMPACT:
To be requested
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
To be requested
To be researched.
To be researched.
SOURCE OF
INFORMATION:
Amanda Mihill, Legislative Attorney, 240-777-7815
APPLICATION
N/A
WITHIN
MUNICIPALITIES:
PENAL TIES:
N/A
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MONTGOMERY COUNTY COUNCIL
ROCKVILLE, MARYLAND
GEORGE LEVENTHAL
COUNCILMEMBER
AT-LARGE
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Montgomery County Councilmembers
George
L.
Leventhal,l~
Chair - Health and Human Services Committee
February 1,2017
Legislation - - Healthy Vending Machine Standards
On Tuesday, February 7, I will be introducing the attached legislation requiring that certain vending machine
contracts that the County enters into require specific nutritional standards for food and drink products. This
legislation would require that at least 65 percent of food and beverage items offered for sale in County vending
machines contain no more than 200 calories per package as well as a few other important nutritional aspects.
In 2014 I introduced, and the Council passed, a resolution establishing an ad hoc working group to examine the
quality of foods, snacks and beverages offered in vending machines, cafeterias and eateries in County buildings.
Raising the awareness of County employees about their nutritional choices and providing healthier options is in
line with the recommendations of the ad hoc working group. I am also hopeful that requiring nutritional
standards for products offered in County buildings will promote better health.
If you have any questions or if you would like to co-sponsor this bill, please contact Walton Harris in my office.
STELLA B. WERNER OFFICE BUILDING· 100 MARYLAND AVENUE· ROCKVILLE, MARYLAND
2401777-7811
OR
2401777-7900
TTY
241777-7914
FAX
2401777-7989
WWW.MONTGOMERYCOUNTYMD.GOV/COUNCIL
20850