COUNTY OF MONTEREY CONTRACTS/PURCHASING DIVISION

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COUNTY OF MONTEREY CONTRACTS/PURCHASING DIVISION Date: August 13, 2009 To: From: Department Heads Michael R. Derr- Contracts/Purchasing Officer Subject: County Vending Machine Policy The following information is being provided to you as an update. The Contracts/Purchasing Department is in the process of implementing the Vending Machine Policy adopted by the County Board of Supervisors on March 24, 2009. The new policy will require our existing vending machine contractors to comply with the adopted nutritional mandates by January 1, 2010. The change in the vending policy will dramatically improve the nutritional options that both the public and our employees have access to. Department Heads will be responsible for dissemination, implementation, and compliance with the adopted policy for all vending machines either owned or leased that are located within their department or facilities. Sincerely, Michael R. Derr Contracts/Purchasing Officer Attachment: County of Monterey, Vending Machine Policy

County of Monterey VENDING MACHINE POLICY In the interest of the health of employees who work in, and County residents who visit County facilities, the Monterey County Board of Supervisors hereby adopts the following policy for vending machines and vending consolidation within the County of Monterey in order to provide nutritional beverages and snacks. I. SCOPE AND RESPONSIBILITY: This policy covers all machines designed to dispense food and/or beverages located within all County owned, leased and/or operated space or facilities, with the exception of those facilities that are occupied by the Monterey County Superior Court operations. The Contracts/Purchasing Officer shall have primary responsibility for the management and administration of the vending machines that are to be located within any County of Monterey owned, leased or operated space or facility, with the exception of Natividad Medical Center, which has been granted delegated purchasing authority by the County Board of Supervisors. The County Employee Wellness Program shall have the primary responsibility for consulting with County Departments and the Contracts/Purchasing Officer regarding established nutrition standards and selections as outlined and approved by the passage of this policy and assisting with the implementation of the policy. County Department heads shall be responsible for dissemination, implementation, and compliance with the approved policy for all vending machines either owned or leased that are located within their departments and facilities. II. POLICY: A. Placement of Vending Machines No independently owned vending machines shall be allowed on County property without the prior written approval of the Contracts/Purchasing Officer or his/her designee. Snack vending machines shall be permitted to operate on County property for the sale of food items to County employees and members of the public who use the facilities subject to the provisions of this policy. 2

The Contracts/Purchasing Officer or his/her designee shall have the authority to authorize the placement of vending machines in strategic locations throughout the County where traffic patterns or other circumstances warrant their placement. 1. Prior to the installation, the location of a new or replacement vending machine shall be reviewed and approved by the Contracts/Purchasing Officer or his/her designee. Machines shall not be located in corridors unless adequate space has been approved and/or provided as determined by both by the Facilities Manager and, if applicable, the local Fire Marshall. An approval notice issued by the Contracts/Purchasing Officer must be attached to all vending machines. 2. No vending machine shall in any way obstruct or otherwise interfere with emergency exits or access areas. 3. All vending machines must be securely fastened to a wall, floor, or other structure or otherwise secured in such a way as to prevent it from being rocked, bounced, or tipped. 4. Failure to comply with or violation of any approved provisions of this policy shall result in the immediate removal or disablement of the vending machine. B. Facility Requirements 1. Plumbing: For machines that require an external water source, connections must be made from a potable water supply. In the event this is not possible, the vending machine owner will be responsible for establishment of an alternative source. Plumbing installation, when required, shall include valves and backflow prevention devices that comply with State and local building code requirements. Fixtures and other installations are required to be placed in a neat and professional manner acceptable to the County. 2. Electrical: All vending machines requiring electrical power must meet the current electrical standards as approved within the 2007 California Electrical Code compliance manual. Vending machines must be properly wired and grounded to prevent electrical shock and must comply with applicable federal, state, and local 3

codes and standards. The vending machine owner shall be responsible for all costs that are associated with the installation of any vending machine where upgrades and/or improvements are required to be made to the facility prior to placement. 3. General Facility Requirements: All maintenance and repairs shall be the responsibility of the vending machine owner, unless otherwise agreed upon by the County prior to installation or placement. No modifications to a building, structure, electrical systems, plumbing, or any other part of the physical plant of any County building may be performed without the prior written approval from the County Contracts/Purchasing Officer. In cases of a where a property is leased by the County, the County Real Property Agent assigned to the property will work with the property owner to acquire the necessary approvals in writing prior to the authorization of any modifications to a lease facility. All authorized modifications either in a County owned facility or a leased facility, the costs of any and all modifications will be at the expense of the vending machine owner, unless otherwise agreed upon in writing by the County. C. Food and Beverage Operations 1. All vending machines must meet the standards of the National Automatic Merchandising Association and be listed in their latest Listing of Letters of Compliance and/or meets the standards of the National Sanitation Foundation and be listed in their Approved List, or the equivalent thereof. 2. Prior to installation, the County Facilities Division must approve for safety any microwave oven used in conjunction with a vending operation. 3. All food and beverage products must be delivered and placed in machines in their original wrappers or in a sanitized bulk dispenser that fits on the machine as a unit and meets the nutritional standards outlined in Section D Nutrition Standards for Vending Machine Beverages and Snacks. 4. The areas surrounding all vending machines are to be kept clean, and proper waste and/or recycling receptacles shall be provided in the immediate area of the machines. 5. All food vending machines must comply with the California Health and Safety Code Sections 113700 and 114200. Vending machines not complying with the above criteria or with State law shall be removed from 4

service within five (5) business days from the date of written notification issued by the Contracts/Purchasing Officer. D. Nutrition Standards for Vending Machine Beverages and Snacks 1. Beverages: 100% percent of beverages offered in a vending machine shall be one or a combination of the following: a) Water b) Coffee or Tea c) Reduced or nonfat milk (including soy or cow s milk, chocolate or other flavored milk not containing more than fifteen (15) grams of added sugar per 250 gram serving or three (3) teaspoons of sugar per one (1) cup of milk) d) One hundred (100%) percent fruit/vegetable juice e) Fruit based drinks containing 100 percent fruit juice and no added caloric sweeteners f) All other non-caloric beverages, including diet sodas 2. Snacks/Food: 100% percent of the snacks/foods offered in a vending machine shall meet the following criteria: a) Not more than thirty-five (35%) percent 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 (35%) requirement. b) Not more than ten (10%) percent 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 (35%) percent 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. e) At least one (1) item meeting the snack criteria in each vending machine shall also meet the FDA definition of Low Sodium (< 140 mg per serving) 5

f) Further, the policy recommends that options within the vending machine contain items that include at least two (2) grams of dietary fiber 3. Consultation: Monterey County Employee Wellness Program will be available to consult with vending machine vendors on item placement in machines, healthy item identification strategies, and consumer outreach and education. 4. Amendment of Nutrition Standards: This policy may be amended from time to time as new reference material becomes available that may have a direct impact on additional healthy options that are available within vending machines. III. COSTS ASSOCIATED WITH THE PROGRAM: Each department or division shall be responsible for County costs associated with the placement of vending machines within their approved work environments. These costs normally include utility costs for operating the machines and any additional costs incurred to ensure compliance with this approved policy. IV. REFERENCES: I. Monterey County Board of Supervisors action of March 24, 2009 II. California Health and Safety Code, Section 113700, California Uniform Retail Food Facilities Law III. California Health and Safety Code, Section 114200, Sanitation Requirements for Vending Machines 6