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Home   Membership   Expos   Publications   Knowledge Center   Education   Coffee Service   Gov. Affairs Jun. 29, 2012
 
 
 


Supreme Court rules on Affordable Care Act
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The Supreme Court has ruled that the Affordable Care Act is constitutional. Therefore, the portion of the law which requires that anyone who owns or operates 20 or more vending machines disclose the calories of all snacks and drinks prior to the point of purchase, remains in place. The FDA has not confirmed a publication date for the Final Rule for Vending Machine Calorie Labeling. They have indicated that when the final rule is published, they will include information in the preamble regarding when the rule will become effective. At that time, NAMA will advise the membership of the rule and the effective date for compliance. For more information, contact Sandy Larson at slarson@vending.org.


NAMA joins coalition supporting consumers pight to make beverage purchase choices
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NAMA has recently joined "New Yorkers for Beverage Choices," a coalition of citizens, businesses and community organizations who believe that consumers have the right to purchase beverages in whatever size they choose. If you are interested in joining this growing coalition, and would like to encourage your customers, friends and family and to join, please visit http://www.nycbeveragechoices.com. For more information, contact Pam Gilbert at pgilbert@vending.org



California: Los Angeles City Council proposed ban on sale of soda through vending machines at city parks
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A hearing was held in Los Angeles last week regarding a proposed ban of the sale of sodas in vending machines at Los Angeles city parks. Representatives from NAMA, CAVC and the American Beverage Association testified in opposition to the ban stating that there was inequity in the ban. The proposal would only target vending machines at city parks when other retail options for soda including push carts, catering trucks and stores are in close proximity of vending machines. It would also negatively impact vending operators, many of whom are small business owners and could lead to job loss. Those testifying in opposition to the ban expressed a willingness to work with the city council and the Parks and Recreations Department on a plan to provide a variety of products in vending machines, including soda. The matter has been tabled for 45 days for review by city departments, including the city attorney. For more information, contact Sandy Larson at slarson@vending.org.


Massachusetts: Cambridge mayor proposes limiting size of sweetened beverages
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Cambridge Mayor Henrietta Davis has proposed limiting the size of sugar-sweetened beverages sold in city restaurants. Inspired by a similar NYC proposal by Mayor Michael Bloomberg and citing an increased risk of obesity and diabetes as reasoning for the resolution, Davis has asked the city's health officials to study the proposal and make a recommendation. "As much free will as you can have in a society is a good idea," Davis said, "But with a public health issue, you look at those things that are dangerous for people, that need government regulation." Davis said regulation might not be necessary to restrict the sale of large-sized sugary beverages in the city. She said city officials could offer a voluntary compliance agreement to vendors or create an incentive program to encourage cooperation. For more information, contact Pam Gilbert at pgilbert@vending.org.


Michigan: Bill will exempt smaller commercial vehicles from DOT requirements
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HB 5228, a bill to exempt smaller commercial vehicles under 26,000 pounds from having to obtain a U.S. Department of Transportation vehicle identification number, passed both the House and the Senate. The Governor is expected to sign it. The bill will exempt those vehicles from: Annual vehicle inspections and "Spot" inspections during traffic stops; the requirement that operators of these vehicles maintain log books and other miscellaneous records and submit them upon request of a law enforcement officer; and, minimum bonding requirements and the the restriction on "hours of operation" limitations for "seasonally-employed construction workers." Based upon testimony received by the Senate Committee on Transportation, it was deemed advisable to continue to apply the vast majority of the Motor Carrier Safety Act to commercial motor vehicles under the bill as the act contains several provisions that are beneficial to commercial motor vehicle operators, such as the medical waiver provision and the exemption for drivers under 21 years of age. Additional regulations that these operators and vehicles will remain subject to include but are not limited to: prohibition on the use of alcohol or drugs (alcohol may not be used within 4 hours of operation); minimum physical qualifications for drivers; minimum vehicle equipment and safety standards; and cargo securement requirements. For more information, contact Pam Gilbert at pgilbert@vending.org.


Michigan: Tobacco tax law passed
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The Michigan Distributors and Vendors Association celebrated the signing of SB 930 by Gov. Rick Snyder. The legislation implements a new cigarette stamping technology, reimburses wholesalers for the cost of new stamping machines as well as other implementation costs; allows for both stamping machine manufacturers to provide machines; requires RYO cigarette manufacturers to comply with all licensing, tax laws and regulations; and provides for aggressive, coordinated statewide cigarette and tobacco tax enforcement in the marketplace. MDVA will be meeting regularly with the Department of Treasury and the State Police as these efforts are put into place. For more information, contact Pam Gilbert at pgilbert@vending.org.


New Jersey: Governor will not sign minimum wage bill
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Gov. Chris Christie reiterated that he will not sign legislation moving though the New Jersey legislature (AB 2162) that would automatically raise the state minimum wage each year based on the Consumer Price Index. He called it "burdensome" on small businesses. For more information, contact Pam Gilbert at pgilbert@vending.org.


New York: Bill to tax RYO dies in committee
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A New York bill that sought to tax loose tobacco rolled in stores the same as cigarettes died in a state Senate committee. The bill had already passed the state's Assembly and received the support of Gov. Andrew Cuomo, cigarette manufacturers and others. While the Senate defeat is a win for RYO, the bill might resurface in a November session. This year, more than two dozen states have introduced legislation to reclassify stores that offer RYO facilities as manufacturers, thus leveling the products' taxes with cigarettes. For more information, contact Pam Gilbert at pgilbert@vending.org.


New York: Tax exemption bill on governor's desk
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The New York State Automatic Vending Association and NAMA have worked for five years on passage of a bill to exempt from sales tax items sold through a vending machine for $1.50 or less. The bill was passed by the Senate and Assembly in June of 2012. It is anticipated to reach the desk of Gov. Andrew Cuomo, for his signature, in the next few weeks. Your personal financial support of NYSAVA's efforts is needed now more than ever to continue the campaign for changes which are for the betterment of the industry in New York State. Please remember to reach out to your local Senators and Assemblymen to say a most sincere "thank you" for their support. For more information, contact Pam Gilbert at pgilbert@vending.org.


Ohio: OAMA and NAMA support proposal regarding micro-markets
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Department of Health proposal OH 17337 updates the FDA code, with the addition of new language regarding micro markets. The proposal addresses the issue of a power or mechanical failure. OAMA and NAMA believe this is a reasonable way to help safeguard the industry and the public health and support adoption of the proposal. OAMA has been working with the Departments of Health and Agriculture on their separate rules concerning micro-markets since fall of 2011. OAMA's lobbyist and board members have provided the information needed to understand micro-markets to legislators and the two agencies involved. OAMA plans to be in attendance on June 28 at the hearing of the Public Health Council, which makes recommendations in regard to Ohio's Uniform Food Safety Code, and will testify in support of the rules. OAMA and NAMA will submit comments in support of the rules. For more information, contact Pam Gilbert at pgilbert@vending.org.

The National Automatic Merchandising Association www.vending.org

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Keeping In Touch With NAMA - Legislative Edition
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