As used in this Article, the following terms have the meanings indicated: Packaged means bottled, canned, securely bagged, or securely wrapped, whether packaged in a food establishment or a food processing plant. Vending machine means a self-service machine offered for public use that, upon insertion of a coin, paper, currency, token, card, or key, or by optional manual operation, dispenses servings of food or beverages in bulk or in packages, or prepared by the machine, without the necessity of replenishing the device between each vended operation

This Article applies only to County vending machine service contracts.

(a) An item designated as a healthy food choice must contain: (1) no more than 200 calories per package; (2) less than 35% of total calories from fat, except for foods containing 100% nuts or seeds with no added fats; (3) less than 10% of calories from saturated fat; and (4) no more than 35% of calories from total sugars, except for 1%, 2%, or non-fat dairy products, non-dairy milk products, fruits, and vegetables. (b) At least one healthy food choice offered in a vending machine must meet the Food and Drug Administration’s definition of “low sodium”. (c) Except as provided in paragraph (d), an item designated as a healthy beverage choice must contain fewer than 40 calories per serving. (d) The following beverages may also be designated as a healthy beverage choice: (1) fat-free or 1% low fat dairy milk; (2) calcium or vitamin D fortified soy milk with less than 200 calories per container; (3) a container with 12 ounces or less of: (A) 100% fruit juice; (B) vegetable juice that contains less than 230 milligrams of sodium per serving; or (C) fruit juice combined with water with no added caloric sweeteners and no more than 200 milligrams of sodium per container.

(a) Any new vending machine service contract or vending machine service contract renewal the County enters into on or after April 18, 2017 must require the following: (1) Any packaged food or beverage item offered for sale in a vending machine contain: (A) less than 0.5 grams of trans-fat per serving; and (B) no more than 200 milligrams of sodium per package. (2) Any beverage offered for sale in a vending machine must not contain more than: (A) 250 calories; or (B) 20 fluid ounces. (3) Water without added caloric sweeteners must be stocked in a beverage vending machine. (4) Food and beverage items that meet the nutrition requirements in Section 11B-86 must be: (A) displayed in a way that is distinguishable from food and beverage items that do not meet those requirements; and (B) stocked in positions with highest selling potential as determined by the Director of the Department of General Services. (5) Food and beverage items that meet the nutrition requirements in Section 11B-86 must be comparatively priced or less expensive than products that do not meet those standards. (6) Vending machines must display nutritional labeling that complies with the standards for nutritional labeling set forth in 21 Code of Federal Regulations, Sections 101 and 109, or any successor provision. (b) In addition to the requirements of paragraph (a), any new vending machine service contract or vending machine service contract renewal the County enters into on or after July 1, 2017 must require that at least 50% of the food and beverage items offered for sale in vending machines meet the requirements in Section 11B-86. (c) In addition to the requirements of paragraph (a), any new vending machine service contract or vending machine service contract renewal that the County enters into on or after July 1, 2018 must require that at least 65% of the food and beverage items offered for sale in vending machines meet the requirements in Section 11B-86.

The Director of the Department of General Services must submit a report to the County Council and County Executive by September 30 each year. The report must include: (a) an assessment of compliance with this Article; (b) successes, challenges, and barriers experienced in implementation; and (c) any recommendations for improvement of the standards and compliance.