Bill No.
1-17
Concerning: Contracts and Procurement
- Vending Machine Service Contracts
- Healthy Vending Standards
Revised:
4/10/2017
Draft No.
~
Introduced:
February 7.2017
Enacted:
April 18. 2017
Executive:
April 24. 2017
Effective:
July 24.2017
Sunset Date:
.....!..!N~on!£:e"--
_ _ _ _ __
Ch. _8_, Laws of Mont. Co.
2017
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Councilmember Leventhal
Co-Sponsors: Councilmember Rice, Council President Berliner, Councilmember Navarro,
Council Vice President Riemer, and Councilmembers EIrich and Hucker
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 11 B, Contracts and Procurement
i\rticleJ\lllII
Sections llB-78, llB-79, lIB-80, lIB-81, and llB-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
XVIII
(Sections
llB-78, llB-79, llB-80, llB-8l,
and
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3
llB-82)
is added as follows:
Article XVIII. Vending Machine Sen-ice Contracts.
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llB-78.
Definitions.
As used in this Article, the following tenns have the meanings indicated:
Packaged
means bottled, canned, securely bagged, or securely wrapped,
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whether packaged in
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food establishment or
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food processing plant.
Vending machine
means a self-service machine offered for public use that, upon
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insertion of
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coin, paper, currency, token, card, or key, or
Qy
optional manual
operation, dispenses servings of food or
bever~es
in bulk or in
pack~es,
or
prepared
Qy
the machine, without the necessity of replenishing the device
between each vended operation
llB-79.
Applicability.
This Article applies only to County vending [[machines located on property
owned
Qy
the County)] machine service contracts.
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llB-80.
Healthy vending standards.
.cru
An
item designated as
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healthy food choice must contain:
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ill
ill
ill
8:)
no more than 200 calories per package;
less than 35% oftotal calories from fat, except for foods containing
100% nuts or seeds with no added fats;
less than 10% of calories from saturated fat; and
no more than 35% ofcalories from total sugars, except for 1%,2%,
or non-fat dairy products, non-dairy milk products, fruits, and
vegetables.
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®
At least one healthy food choice offered in
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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
fl
healthy
beverage choice must contain fewer than 40 calories per serving.
The following beverages may also be designated as
fl
healthy beverage
choice:
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ill
fat-free or 1
%
low fat
Qillry
milk;
calcium or vitamin D fortified soy milk with less than 200 calories
per container;
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ill
ill
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fl
container with 12 ounces or less of:
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(A)
100% fruit juice;
vegetable juice that contains less than 230 milligrams of
sodium per serving; or
.cID
(g
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fruit juice combined with water with no added caloric
sweeteners and no more than 200 milligrams of sodium per
container.
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IIB-SI. Vending machine service contract requirements.
W
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:
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ill
Any packaged food or beverage item offered for sale in
fl
vending
machine contain:
(A)
less than 0.5 grams oftrans-fat per serving; and
no more than 200 milligrams of sodium per package.
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.cID
ill
Any beverage offered for sale in
fl
vending machine must not
contain more than:
(A)
250 calories; or
20 fluid ounces.
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.cID
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BILL
No.
1-17
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ill
(1)
Water without added caloric sweeteners must be stocked in
S!
beverage vending machine.
Food and beverage items that meet the nutrition requirements in
Section IIB-80 must be:
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®
displayed in
S!
way that is distinguishable from food and
beverage items that do not meet those requirements; and
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an
ill
stocked in positions with highest selling potential, as
determined by the Director of the Department of General
Services.
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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.
(Q)
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.
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(hl
In addition to the requirements of paragraph
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any new vending
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machine service contract or vending machine service contract renewal the
County enters into on or after July
L
2017 must require that at least 50%
ofthe food and beverage items offered for sale in vending machines meet
the requirements in Section 11B-80.
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(£1
In addition to the requirements of paragraph
~
any new vending
machine service contract or vending machine service contract renewal
that the County enters into on or after July
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 11B-80.
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BILL No. 1-17
79
IlB-82.
Annual report.
The Director ofthe Department of General Services must submit
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report to the
County Council and County Executive
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September 30 each year. The report must
include:
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(hl
an assessment of compliance with this Article;
successes, challenges, and barriers experienced
in
implementation; and
any recommendations for improvement ofthe standards and compliance.
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BILL
No. 1-17
Approved:
Roger
Approved:
This is a correct copy ofCouncil action.
Lin
M. Lauer, Clerk ofthe Council
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