BILL NUMBER: SB 441	CHAPTERED  09/30/08

	CHAPTER  597
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2008
	PASSED THE SENATE  AUGUST 5, 2008
	PASSED THE ASSEMBLY  JULY 14, 2008
	AMENDED IN ASSEMBLY  JUNE 25, 2008
	AMENDED IN SENATE  MAY 3, 2007
	AMENDED IN SENATE  APRIL 10, 2007

INTRODUCED BY   Senators Torlakson and Kuehl

                        FEBRUARY 21, 2007

   An act to add and repeal Section 11005.4 of the Government Code,
relating to state property.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 441, Torlakson. State property: vending machines.
   Existing law regulates various aspects of the provision of food
and beverages in vending machines, including access to carbonated
beverages at schools, the giving of priority to blind persons with
respect to the operation of vending facilities on state property, the
sanitation of vending machines and requiring public health permits,
and the placement of vending machines in safety roadside rests on the
state highway system.
   This bill would require a vendor that operates or maintains a
vending machine on designated state property, until a specified date,
to offer food and beverages in the vending machine that meet
accepted nutritional guidelines, as defined, in accordance with
certain percentages.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11005.4 is added to the Government Code, to
read:
   11005.4.  (a) For purposes of this section, the following terms
have the following meanings:
   (1) "Accepted nutritional guidelines" as used in this section
means the following:
   (A) Beverages that are the following or meet the following
standards:
   (i) Water.
   (ii) Milk, including, but not limited to, soy milk, rice milk, and
other similar dairy or nondairy milk.
   (iii) Electrolyte replacement beverages that do not contain more
than 42 grams of added sweetener per 20-ounce serving.
   (iv) One hundred percent fruit juice.
   (v) Fruit-based drinks that are composed of no less than 50
percent fruit juice and that have no added sweeteners.
   (B) Food that meets the following standards:
   (i) Not more than 35 percent of its total calories are from fat.
This clause does not apply to nuts, seeds, or whole grain products.
   (ii) Not more than 10 percent of its total calories are from
saturated fats.
   (iii) Not more than 35 percent of its total weight is from sugar.
This clause does not apply to fruits and vegetables.
   (2) "Added sweetener" means any additive that enhances the
sweetness of a beverage, including, but not limited to, added sugar,
but does not include the natural sugar or sugars that are contained
within the fruit juice that is a component of the beverage.
   (3) "State property" as used in this section means all real
property, or part thereof, used for state purposes and either owned,
leased, rented, or otherwise controlled by, and occupied by, any
state agency.
   (4) "Vending machine" means any mechanical device the operation of
which depends upon the insertion of a coin or other thing
representative of value and that dispenses or vends a food product or
beverage, but does not include any mechanical device that is unable
to dispense any food or beverage meeting accepted nutritional
guidelines without physical alteration or any mechanical device that
solely dispenses or vends hot beverages or ice cream.
   (b) A vendor that operates or maintains a vending machine on state
property shall do all of the following:
   (1) Offer at least 35 percent of the food in a vending machine
that meets accepted nutritional guidelines.
   (2) Offer at least one-third of the beverages in a vending machine
that meets accepted nutritional guidelines. A separate one-third of
the beverages offered in the vending machine shall either meet
accepted nutritional guidelines or be flavored milk, beverages
containing less than 20 calories per 12 ounce serving, or beverages
that are composed of at least 50 percent fruit juice that may contain
noncaloric sweetener. The remaining one-third of the beverages
offered in the vending machine may be any beverage allowed by law.
   (c) A vendor may meet the requirements in subdivision (b) by
offering 25 percent of the food in a vending machine that meets
accepted nutritional guidelines by January 1, 2009, and by offering
the total 35 percent of the food required to meet accepted
nutritional guidelines by January 1, 2011.
   (d) If a vendor operates or maintains two or more vending machines
that are located next to each other, the provisions of subdivisions
(b) and (c) may be met by calculating the percentage of the total
food and beverages offered in all of the adjacent machines.
   (e) This section shall remain in effect only until four years
after the last date that a vendor may meet the requirements of
paragraph (1) of subdivision (b), as specified in subdivision (c),
and as of that date is repealed, unless a later enacted statute, that
is enacted before that date, deletes or extends that date.