AN ORDINANCE relating to vending machines operated on City Property; requiring all vending machines operated on City Property to stock "Healthier" and "Healthiest" food and beverage selections as defined by Public Health Seattle & King County "King County Healthy Vending Guidelines".

WHEREAS, approximately half the adult population in the city of Seattle is overweight or obese; and

WHEREAS, overweight adults are at greater risk for numerous serious health outcomes that place a large burden on the health care system and increase health care costs, including type 2 diabetes, heart disease, stroke, high blood pressure, high cholesterol, certain cancers, asthma, arthritis and other debilitating diseases; and

WHEREAS, studies show that Americans consume too few vegetables, fruits, high-fiber whole grains, low-fat milk and milk products and seafood, and too much saturated and trans fats, refined grains, sodium and sugar-sweetened beverages; and

WHEREAS, ensuring easy access to healthy food and beverage choices in City worksites would provide opportunities for City employees to consume more nutritious food and beverages while at work and support healthy and productive City employees; and

WHEREAS, ensuring all city employees have access to healthy food and beverage choices in City worksites requires vending machine content standards for vending machines operated on City property; and

WHEREAS, The King County Healthy Vending Guidelines adopted by the Seattle King County Board of Health establishes standards for vending machine content based upon calories, fat, sugar and sodium content; and

WHEREAS, the Department of Parks and Recreation has led the way by successfully implementing the King County Healthy Vending Guidelines of "Healthier" and "Healthiest" choices in all vending machines in City park facilities; NOW THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Any concessionaire operating a food and/or beverage vending machine on City property shall stock at least 50 percent of the items within each such machine with food and beverages items that meet the "Healthiest" or "Healthier" product selection criteria adopted by the Seattle King County Board of Health in the King County Healthy Vending Guidelines (Attachment A), and shall clearly label such items to inform consumers that such items meet the Guidelines.

Section 2. No City officer or employee shall have the authority to contract for the placement on City property of any vending machine in which less than 50% of the items stocked meet the "Healthiest" or "Healthier" product selection criteria set forth in the King County Healthy Vending Guidelines, and no contrary or inconsistent contract provision shall be approved by any department head or any subordinate thereof or be binding upon the City. All written contracts containing provisions that are contrary or inconsistent with this Section, including any contract extensions that are in force on the effective date of this ordinance shall be allowed to continue in effect in accordance with the provisions and conditions therein until expiration, provided that no such contrary or inconsistent provisions shall be renewed. Any contract that is in violation of this Section shall not be binding on the City of Seattle, and any City officer or employee that enters into or is responsible for such contract shall not be considered an agent or officer of the City for purposes of the contract but instead shall bear solely responsibility and liability to any other contracting party. The City reserves the right to remove from City premises at any time and at the concessionaire's or any other contracting party's expense and risk, any vending machine found to be out of compliance with this ordinance.

Section 3. Sections 1 and 2 of this ordinance shall not apply to vending machines on property within the control of the Department of Parks and Recreation that are subject to the requirements of Ordinance 123765; nor shall any provision contained within Sections 1 and 2 apply to the extent that it conflicts with any collective bargaining agreement or to the extent that such provision is subject to collective bargaining.

Section 4. It is the City Council and Mayor's intent to review implementation, compliance and impact of this ordinance one year from the effective date. This evaluation will include recommendations for promoting purchases of healthier foods and beverages, and will consider whether increasing the percentage of items in vending machines that meet the "Healthiest" or "Healthier" product selection criteria would promote healthier purchases. The evaluation will be conducted jointly by the City Personnel Department and Public Health -Seattle & King County and completed by June 30, 2014.

Section 5. During the six months commencing from the effective date of this Ordinance, and to the extent funds from current appropriations are available, the City Council directs that the Director of Personnel or his or her delegated representative inform and educate City employees about the King County Healthy Vending Guidelines and the benefits of healthy vending choices through such avenues including but not limited to the Personnel Department's Wellness newsletter and the Personnel Department's website.

Section 6. Section 1 and Section 2 of this ordinance shall take effect 90 days after the effective date of this ordinance.

Section 7. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of ________________________, 2013, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2013.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2013.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2013.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Phyllis Shulman/Carlton Seu LEG, Healthy Vending Machines on City Property, ORD January 12, 2013 Version #1

Attachment A: King County Healthy Vending Guidelines