BILL REQ. #:  H-3298.2 

READ FIRST TIME 01/31/12.   

     AN ACT Relating to the establishment of food purchasing policies; and adding a new chapter to Title 70 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   (1) Washington state recognizes that it has a role in protecting and improving the health of its citizens and has already initiated multiple efforts to promote healthy eating and active living, especially among the state's most vulnerable populations. In this role, the state government is generally seen as the educator when in fact it is also an employer, food purchaser, and caregiver. The legislature finds that in all of these roles, the state government should model its behavior after contemporary practices for the direct purchase and service of food.
     (2) By setting minimum standards for state food procurement, the legislature seeks to:
     (a) Make state government the model for efficient, healthy, and local food purchasing;
     (b) Support local and small business producers, distributors, and processors of healthier foods in Washington state;
     (c) Improve the nutritional quality of foods served to thousands of Washington residents each day, especially to our most vulnerable populations;
     (d) Decrease the health and societal impacts of diseases related to poor nutrition; and
     (e) Generate a more capable, productive, and valuable workforce that pays dividends to Washington's economy.
     (3) The legislature further finds that obesity rates are at epidemic proportions and that action must be taken on many fronts to curb future health care costs and improve the health and well-being of our citizens. Healthy eating is a critical component to this effort and establishing minimum standards for direct state government food purchasing is both a symbolic and genuine initiative that can be undertaken by any level of government.

NEW SECTION.  Sec. 2   (1) By July 1, 2013, the department of health, in consultation with the department of enterprise services and other interested entities, must develop a recommended food purchasing policy for all state agencies to establish standards for:
     (a) Food directly purchased by state agencies for their employees and guests at meetings; or
     (b) Food made available to employees of state agencies and guests in vending machines or through on-site vendors in all buildings, facilities, and properties that are owned or leased by the state.
     (2) The recommended food purchasing policy developed by the department of health under subsection (1) of this section:
     (a) Must, at a minimum, meet the 2011 federal health and sustainability guidelines for federal concessions and vending operations developed by the United States general services administration and the United States secretary of health and human services; and
     (b) May consider nutritional standards developed by private organizations, including the American heart association and the institute of medicine.
     (3) The department of health shall periodically update the recommended food purchasing policy. When developing updates, the department of health shall consider any substantive changes in the federal health and sustainability guidelines for federal concessions and vending operations and periodically update the recommended food purchasing policy.
     (4) To the extent possible, the work of the department of health delineated in this chapter must be done with federal appropriations.

NEW SECTION.  Sec. 3   (1) By January 1, 2014, each state agency shall adopt and implement a food purchasing policy that establishes standards for the situations identified in section 2(1) of this act.
     (2) Individual state agency food purchasing policies must:
     (a) For food directly purchased by state agencies for their employees and guests at meetings, at a minimum, meet the recommended food purchasing policy developed by the department of health, in consultation with the department of enterprise services, under section 2 of this act. Individual state guidelines must establish standards for caloric, saturated fat, trans fat, sodium, and added sugar content;
     (b) For food made available to employees of state agencies and guests in vending machines or through on-site vendors, at a minimum, meet the following standards:
     (i) By January 1, 2013, at least seventy-five percent of the snacks sold in all vending machines or through on-site vendors must contain no more than:
     (A) Two hundred thirty milligrams sodium per serving;
     (B) Ten percent calories from saturated fat per serving;
     (C) Thirty-five percent sugar by weight; and
     (D) Two hundred calories or less; and
     (ii) By January 1, 2014, at least seventy-five percent of the beverages sold in all vending machines or through on-site vendors must be:
     (A) Water;
     (B) Coffee;
     (C) Tea;
     (D) Reduced fat milk;
     (E) Sugar-free carbonated beverages;
     (F) One hundred percent fruit or vegetable juice; or
     (G) Other no or low calorie options.

NEW SECTION.  Sec. 4   (1) In addition to the requirements under section 3 of this act, by January 1, 2014, the department of social and health services and the department of corrections, with technical support from the department of health, must each develop and implement a food purchasing policy for all food served to persons in the direct custody of each respective department and persons who reside at a department of social and health services' or department of corrections' institution.
     (2) Food purchasing policies developed under this section must meet the standards established in section 3 of this act.
     (3) To the extent practicable, the department of social and health services and the department of corrections shall include the procurement of Washington grown food, as defined in RCW 15.64.060, in the policies developed under this section.
     (4) The department of social and health services and the department of corrections may identify special populations with particular health or religious dietary needs that need to be exempt from the requirements of this section.

NEW SECTION.  Sec. 5   (1) By November 15, 2014, the department of health must submit a report to the legislature summarizing the implementation of the food purchasing policy developed under sections 3 and 4 of this act, changes needed to the food purchasing practices including those related to vending machines of the department of enterprise services, efforts made to create pricing incentives and disincentives, and recommendations for modifications to the policy requirements or food standards.
     (2) The department of corrections and the department of social and health services must each respectively provide to the department:
     (a) By January 1, 2014, a food purchasing policy as required to be developed under section 4 of this act;
     (b) By September 1, 2014, a report of any revisions to each agency's food purchasing policy developed under section 4 of this act since the policy's initial implementation, efforts made to create pricing incentives and disincentives, and any savings and other benefits realized through the policy.

NEW SECTION.  Sec. 6   The department of health may provide technical support to assist agencies implementing food purchasing policies pursuant to the provisions of this chapter.

NEW SECTION.  Sec. 7   Nothing in this chapter applies to food served:
     (1) By the department of veterans affairs;
     (2) In support of training programs conducted by the Washington state patrol;
     (3) In support of other criminal justice training programs, such as training for park rangers; or
     (4) At the criminal justice training center.

NEW SECTION.  Sec. 8   Sections 1 through 7 of this act constitute a new chapter in Title 70 RCW.