|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to food and beverages available from a vending machine |
|
located on property used by a state agency. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Chapter 2203, Government Code, is amended by |
|
adding Section 2203.006 to read as follows: |
|
Sec. 2203.006. STANDARDS FOR VENDING MACHINE FOOD AND |
|
BEVERAGES. (a) In this section, "department" means the Department |
|
of State Health Services. |
|
(b) This section applies to food and beverages offered in a |
|
vending machine that is located on property that is: |
|
(1) owned by the state and under the charge and control |
|
of a state agency; or |
|
(2) leased by the state for the use of a state agency. |
|
(c) Food and beverages to which this section applies must |
|
meet minimum nutrition standards adopted by rule by the department. |
|
(d) The minimum nutrition standards must ensure that: |
|
(1) food offered in a vending machine: |
|
(A) contains zero grams of trans fatty acids per |
|
serving, as defined by the United States Food and Drug |
|
Administration; and |
|
(B) contains not more than: |
|
(i) 230 milligrams of sodium per serving if |
|
the food is not a refrigerated meal or other individual meal item; |
|
or |
|
(ii) 480 milligrams of sodium per serving |
|
if the food is a refrigerated meal or other individual meal item; |
|
(2) at least half of the beverage choices offered in a |
|
vending machine, excluding unsweetened milk and 100 percent juice, |
|
contain less than 40 calories per serving; |
|
(3) any milk offered is two percent, one percent, or |
|
nonfat; |
|
(4) if juice is offered, at least one offering is 100 |
|
percent juice with no added sweetener; and |
|
(5) any vegetable juice offered contains not more than |
|
230 milligrams of sodium per serving. |
|
(e) In addition to the minimum nutrition standards required |
|
under Subsection (d)(1), at least 25 percent of packaged foods that |
|
are offered in a vending machine, other than nuts and seeds that do |
|
not have added fats, oils, or sweeteners, must: |
|
(1) have a calorie content made up of: |
|
(A) not more than 10 percent saturated fat; and |
|
(B) not more than 35 percent sugars, excluding |
|
fruits and vegetables without added sweeteners; and |
|
(2) have less than 200 calories. |
|
(f) A vending machine to which this section applies must |
|
display the total calorie content for each item offered. |
|
(g) The department shall, at least every five years, review |
|
and, if necessary, update the minimum nutrition standards adopted |
|
under this section. In reviewing the standards, the department |
|
shall consider advancements in nutrition science, dietary data, new |
|
product availability, and updates to the Dietary Guidelines for |
|
Americans, as published by the United States Department of |
|
Agriculture and the United States Department of Health and Human |
|
Services. |
|
(h) A contract with a vendor for operation of a vending |
|
machine to which this section applies must include a provision |
|
requiring the vendor to offer food and beverages that meet the |
|
minimum nutrition standards adopted by the department under this |
|
section. |
|
(i) The statewide wellness coordinator designated under |
|
Section 664.053 shall provide information and resources to state |
|
agencies to promote state employee wellness through implementing |
|
the requirements of this section. |
|
SECTION 2. (a) Not later than September 1, 2018, the |
|
Department of State Health Services shall adopt rules to establish |
|
minimum nutrition standards under Section 2203.006, Government |
|
Code, as added by this Act. |
|
(b) Except as provided by Subsection (c) of this section, a |
|
state agency is not required to comply with Section 2203.006, |
|
Government Code, as added by this Act, until September 1, 2019. |
|
(c) Section 2203.006(h), Government Code, as added by this |
|
Act, applies only to a contract for vending machine services for |
|
which a state agency first advertises or otherwise solicits bids, |
|
proposals, offers, or qualifications on or after September 1, 2018. |
|
SECTION 3. This Act takes effect immediately if it receives |
|
a vote of two-thirds of all the members elected to each house, as |
|
provided by Section 39, Article III, Texas Constitution. If this |
|
Act does not receive the vote necessary for immediate effect, this |
|
Act takes effect September 1, 2017. |