Fourth Substitute S.B. 49

Senator Patricia W. Jones proposes the following substitute bill:

1 VENDING MACHINES IN PUBLIC SCHOOLS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Patricia W. Jones
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill establishes standards for the contents of vending machines in public schools.
10 Highlighted Provisions:
11 This bill:
12 . provides a list of allowed beverages and non-beverage items that may be sold in
13 vending machines at public schools; and
14 . establishes compliance dates.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 ENACTS:
21 53A-1a-110, Utah Code Annotated 1953
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 53A-1a-110 is enacted to read:
25 53A-1a-110. Vending machine contents.

26 (1) For an elementary school, the beverage contents of a vending machine accessible to
27 elementary students shall be limited to the following beverages:
28 (a) bottled water; or
29 (b) no more than an eight ounce serving of:
30 (i) fat-free or low-fat regular or flavored milk, containing no more than 150 calories per
31 eight ounces;
32 (ii) a nutritionally equivalent milk alternative, as defined by the United States
33 Department of Agriculture in 7 C.F.R. Sec. 246.10, containing no more than 150 calories per
34 eight ounces; or
35 (iii) 100% juice containing:
36 (A) no added sweeteners;
37 (B) no more than 120 calories per eight ounces; and
38 (C) at least 10% of the recommended daily value for three or more vitamins and
39 minerals.
40 (2) For a secondary school, the beverage contents of a vending machine accessible to
41 secondary students shall be limited to the following beverages:
42 (a) bottled water;
43 (b) a beverage containing no calories;
44 (c) a beverage containing no more than 10 calories per eight ounces; or
45 (d) no more than a 12 ounce serving of:
46 (i) fat-free or low-fat regular or flavored milk containing no more than 150 calories per
47 eight ounces;
48 (ii) a nutritionally equivalent milk alternative, as defined by the United States
49 Department of Agriculture in 7 C.F.R. Sec. 246.10, containing no more than 150 calories per
50 eight ounces;
51 (iii) 100% juice containing:
52 (A) no added sweeteners;
53 (B) no more than 120 calories per eight ounces; and
54 (C) at least 10% of the recommended daily value for three or more vitamins and
55 minerals; or
56 (iv) any other drink containing no more than 66 calories per eight ounces.

57 (3) For a vending machine accessible to secondary students, at least 50% of non-milk
58 beverages shall be:
59 (a) water;
60 (b) no-calorie; or
61 (c) low-calorie containing no more than 66 calories per eight ounces.
62 (4) The non-beverage contents of a vending machine accessible to students in a public
63 school shall include only a non-beverage item that contains:
64 (a) no more than:
65 (i) 150 total calories in the entire item for an item available in a vending machine
66 accessible to an elementary school student;
67 (ii) 180 total calories in the entire item for an item available in a vending machine
68 accessible to middle school student; and
69 (iii) 200 total calories in the entire item for an item available in a vending machine
70 accessible to a high school student;
71 (b) no more than 35% of calories from total fat;
72 (c) no more than 10% of calories from saturated fat;
73 (d) zero grams of trans fat; and
74 (e) except for 100% dried fruit with no added sugar, no more than 35% sugar by
75 weight.
76 (5) Subsections (4)(b) and (c) do not apply to the following non-beverage items;
77 (a) nuts;
78 (b) nut butters;
79 (c) seeds; or
80 (d) trail mix with no added sugar, containing only fruit, nuts, or seeds.
81 (6) A person that sells, or contracts with a local school board, charter school governing
82 board, or school, to sell a product in a public school vending machine accessible to students
83 shall comply with the vending machine requirements in this section on or before the later of the
84 following:
85 (a) the natural expiration or earlier termination of a contract in force on May 11, 2010,
86 between the local school board, charter school governing board, or school and a vending
87 machine supplier; or

88 (b) May 11, 2010.