Policy in Favor of Healthy Food and Beverage

Products in all Vending Machines Located Within Government Facilities.

(a)Fifty percent (50%) of all foods and beverages offered COL4/6/2022 CH. 22 GENERAL FISCAL POLICIES AND CONTROLS for sale in government-contracted food and beverage vending machines within all government owned or leased buildings, facilities and/or operational spaces under the control of the government shall adhere to specific guidelines promoting good nutrition and healthy environments. This mandate covers all machines designed to dispense food and/or beverages located within government facilities, but shall not apply to the vending machines within the control of the Guam Department of Education, or other departments or agencies where a stricter nutrition policy is in place. This Section shall also apply to mobile food service establishments, and other food and beverage vendor activities, in either temporary or permanent fixed structures, on all government property, to the extent as provided pursuant to § 22420.2 of this Article 4. Agency heads shall be responsible for the dissemination, implementation, and compliance with the approved policy for all vending machines on all government property, either owned or leased, and shall include all mobile food service establishments and other food and beverage vendor activities, in either temporary or permanent fixed structures, situated on all government property, or that are located within its departments, premises and facilities. Failure to comply with or the violation of any approved provisions of this policy shall result in the immediate removal or disablement of the vending machine.

(b)Development of Applicable Policy. The Director of the Department of Administration, in conjunction with the Department of Public Health & Social Services, shall promulgate rules and regulations, within one hundred twenty

(120)days of the enactment of this Section, establishing standards pursuant to which the intent of this Section shall be implemented. The rules and regulations shall, at a minimum, provide for the following:

(1)Nutritional Facts and Guidelines. The vending machine operator shall provide a sign in close proximity to each and every article of food/beverage, or the selection button, that includes a clear and conspicuous statement disclosing the number of calories, fat, sugar, and sodium contained in the article. COL4/6/2022 CH. 22 GENERAL FISCAL POLICIES AND CONTROLS

(2)At least fifty percent (50%) of beverages offered in a vending machine must contain one (1), or a combination, of the following:

(A)water;

(B)coffee or tea;

(C)nonfat or reduced fat milk (including soy or cow’s milk, chocolate or other flavored milk not containing more than fifteen

(15)grams of added sugar per two hundred fifty

(250)gram serving or three

(3)teaspoons of sugar per one

(1)cup of milk;

(D)one hundred percent (100%) fruit/vegetable juice;

(E)fruit-based drinks containing one hundred percent(100%) fruit juice, and no added caloric sweeteners; and

(F)all other non-caloric beverages, including diet sodas.

(3)At least fifty percent (50%) of the snacks/foods offered in a vending machine shall meet the following criteria:

(A)not more than thirty-five percent (35%) of the calories shall be from fat, with the exception of nuts and seeds; snack mixes and other foods of which nuts are a part must meet the thirty-five percent (35%) requirement;

(B)not more than ten percent(10%) of the calories shall be from saturated fat;

(C)shall not contain trans fats that are added during processing (hydrogenated oils and partially hydrogenated oils);

(D)not more than thirty-five percent (35%) of the total weight shall be from sugar and caloric sweeteners, with the exception of fruits and vegetables that have not been processed with added sweeteners or fats, and not COL4/6/2022 CH. 22 GENERAL FISCAL POLICIES AND CONTROLS more than three hundred sixty

(360)mg of sodium per serving; and

(E)at least one

(1)item meeting the snack criteria in each vending machine shall also meet the FDA definition of “Low Sodium” (c 140mg per serving). Further, the policy recommends that options within the vending machine contain items that include at least two

(2)grams of dietary fiber.

(4)The applicable rules and regulations establishing applicable nutritional standards pursuant to this Section may be amended, as necessary, to adhere to future healthy dietary and nutritional standards set forth by the U.S. Food and Drug Administration.

(c)Implementation Timeline. By January 2014, at least fifty percent (50%) of all foods and beverages offered in government-contracted food and beverage vending machines within government facilities and offices shall adhere to the specific guidelines established pursuant to this Section. Government agencies which have existing vending machine contracts must ensure compliance by current vendors.

(d)All rules and regulations shall be promulgated, and may be amended, pursuant to Article 3 – Rule Making Procedures, of Chapter 9, Division 1, Title 5, Guam Code Annotated.