Senate Bill No. 912

Introduced by Senator Mitchell

January 23, 2014

An act to amend Section 11005.4 of the Government Code, relating to state agencies.

LEGISLATIVE COUNSEL’S DIGEST

SB 912, as introduced, Mitchell. State property: vending machines.

Existing law regulates various aspects of the provision of food and beverages in vending machines, including requiring 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.

This bill would delete the repeal date, thereby extending the operation of those provisions indefinitely.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 11005.4 of the Government Code is
amended 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.

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(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.

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