Petition for Healthier Vending Machines in Massachusetts

Massachusetts lawmakers have proposed a bill (H.B. 2011) to expand access to healthy food choices in vending machines on state property, including “government office buildings, road-side rest stops, state parks and recreation centers, state colleges and universities, and state supported hospitals.” The legislation seeks to set specific nutritional standards for all foods or beverages sold through vending machines located in government buildings or on property owned or managed by the commonwealth.

To this end, the proposed bill would require that all beverage items must be
one or a combination of the following: (i) water, including carbonated water,
without added caloric sweeteners; (ii) coffee or tea without added caloric
sweeteners, provided that condiments offered for these beverages have less
fat than cream; (iii) fat-free or 1-percent low-fat dairy milk or calcium- and
vitamin-D-fortified soymilk with less than 200 calories per container; (iv) 100
percent fruit juice or fruit juice combined with water or carbonated water in
containers that hold 12 fluid ounces or less and do not contain added caloric
sweeteners; (v) 100 percent vegetable juice in containers that hold 12 fluid
ounces or less, contain 200 milligrams of sodium or less per container and
do not contain added caloric sweeteners; and (vi) low-calorie beverages that
contain 40 calories or less per container.

For snack items, the proposed rule states that such products must contain (i) no more than 200 calories per item as offered (per package); (ii) no more than 35 percent of calories from fat—packages that contain 100 percent nuts or seeds may contain more than 35 per cent of calories from fat; (iii) no more than 10 percent of calories from saturated fat—packages that contain 100 percent nuts or seeds may contain more than 10 percent of calories from saturated fat; (iv) 0 grams of trans fat; (v) no more than 35 percent of calories from total sugars and a maximum of 10 grams of total sugars per package, with special provisions for fruits, vegetables and yogurt; (vi) no more than 200 milligrams of sodium per item as offered (per package); and (vii) at least one of the following: (a) a quarter cup of fruit, non-fried vegetable, or fat-free or low-fat dairy; (b) one ounce of nuts or seeds or one tablespoon of nut butter; (c) grain ingredients consisting of at least 50 percent whole grain as determined by the product manufacturer listing whole grain as the first ingredient or making a whole grain claim; or (d) at least 10 percent of the daily value of a naturally occurring nutrient of public health concern such as calcium, potassium, vitamin D, or fiber.

The legislation also includes proposed rules for entrée-type items and
sandwiches. Under the proposal, violators would face fines of at least $100 for
first violations and at least $500 for subsequent violations. Habitual violations
would result in a six-month prohibition on the sale of foods and beverages
and a fine of at least $1,000.