[vendtalk] FW: NAMA Special Legislative Bulletin

Kevan Worley kevanworley at blindmerchants.org
Fri Mar 26 16:28:12 UTC 2010

I talked about the following a little bit on our March 29 merchant message
line. It remains to be seen whether or not the 20 machine threshold will
apply for individual blind vendors or the entire program. We in the National
Association of Blind Merchants, will contend that the 20 machine threshold
would be for an individual. 

You will be interested in reading the article.

March 26, 2010


Vended Items Have To Post Calories For Each Item

As has been widely reported by NAMA, included in all federal healthcare
reform legislation was language which requires calorie disclosure in
vending. Congress passed this legislation on Sunday evening, March 21, and
President Obama signed the legislation into law Tuesday, March 23, 2010.

The legislation will require vending machine operators with more than 20
machines to post calorie information for food and beverage products sold
through vending machines. The vending language is as follows:
 ''(I) IN GENERAL.-In the case of an article of food sold from a vending
machine that-          
   ''(aa) does not permit a prospective purchaser to examine the Nutrition
Facts Panel before purchasing the article or does not otherwise provide
visible nutrition information at the point of purchase; and 
   ''(bb) is operated by a person who is engaged in the business of owning
or operating 20 or more vending machines, "the vending machine operator
shall provide a sign in close proximity to each article of food or the
selection button that includes a clear and conspicuous statement disclosing
the number of calories contained in the article."
At this point, the Food and Drug Administration (FDA) has one year to
propose regulations and implementation requirements.  Those regulations will
be finalized through a formal rulemaking process, and FDA must make
quarterly reports to Congress on its progress. NAMA will have a seat at the

Vending machines will not be required to label food or beverages, until FDA
finalizes regulations, which will take at least 12 months, and potentially
18 months.

Our coalition has already talked with Congressional staff about their
support for our positions:

.        flexibility in how we disclose,
.        potential support for one "menu" for a bank of machines,
.        implementation time to reduce costs, and
.        legal protection for mistakes in stocking the machine.

NAMA has been working for several years on the federal and state nutritional
disclosure issues. We are working now to impact the proposed vending
regulations as set forth above. We are continuing our contacts with allies,
industry partners, administration officials and with Members of Congress.
NAMA and the industry are viewed favorably on the issue of obesity and
nutrition thanks to our very successful Fit Pick program. We anticipate this
will provide us an opportunity to address implementation of the proposed

Please let us know if you have any questions, and we will keep you informed
as the rule writing process begins. We will also provide updates during our
legislative sessions during the NAMA OneShow.  Be assured that your team is
effectively working to represent our industry on this costly issue.

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