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(a) An item designated as a healthy food choice must contain:
(1) no more than 200 calories per package;
(2) less than 35% of total calories from fat, except for foods containing 100% nuts or seeds with no added fats;
(3) less than 10% of calories from saturated fat; and
(4) no more than 35% of calories from total sugars, except for 1%, 2%, or non-fat dairy products, non-dairy milk products, fruits, and vegetables.
(b) At least one healthy food choice offered in a vending machine must meet the Food and Drug Administration’s definition of “low sodium”.
(c) Except as provided in paragraph (d), an item designated as a healthy beverage choice must contain fewer than 40 calories per serving.
(d) The following beverages may also be designated as a healthy beverage choice:
(1) fat-free or 1% low fat dairy milk;
(2) calcium or vitamin D fortified soy milk with less than 200 calories per container;
(3) a container with 12 ounces or less of:
(A) 100% fruit juice;
(B) vegetable juice that contains less than 230 milligrams of sodium per serving; or
(C) fruit juice combined with water with no added caloric sweeteners and no more than 200 milligrams of sodium per container. (2017 L.M.C., ch. 8, § 1; 2017 L.M.C., ch. 12, § 3.)
(a) Any new vending machine service contract or vending machine service contract renewal the County enters into on or after April 18, 2017 must require the following:
(1) Any packaged food or beverage item offered for sale in a vending machine contain:
(A) less than 0.5 grams of trans-fat per serving; and
(B) no more than 200 milligrams of sodium per package.
(2) Any beverage offered for sale in a vending machine must not contain more than:
(A) 250 calories; or
(B) 20 fluid ounces.
(3) Water without added caloric sweeteners must be stocked in a beverage vending machine.
(4) Food and beverage items that meet the nutrition requirements in Section 11B-86 must be:
(A) displayed in a way that is distinguishable from food and beverage items that do not meet those requirements; and
(B) stocked in positions with highest selling potential as determined by the Director of the Department of General Services.
(5) Food and beverage items that meet the nutrition requirements in Section 11B-86 must be comparatively priced or less expensive than products that do not meet those standards.
(6) Vending machines must display nutritional labeling that complies with the standards for nutritional labeling set forth in 21 Code of Federal Regulations, Sections 101 and 109, or any successor provision.
(b) In addition to the requirements of paragraph (a), any new vending machine service contract or vending machine service contract renewal the County enters into on or after July 1, 2017 must require that at least 50% of the food and beverage items offered for sale in vending machines meet the requirements in Section 11B-86.
(c) In addition to the requirements of paragraph (a), any new vending machine service contract or vending machine service contract renewal that the County enters into on or after July 1, 2018 must require that at least 65% of the food and beverage items offered for sale in vending machines meet the requirements in Section 11B-86. (2017 L.M.C., ch. 8, § 1; 2017 L.M.C., ch. 12, § 3.)
The Director of the Department of General Services must submit a report to the County Council and County Executive by September 30 each year. The report must include:
(a) an assessment of compliance with this Article;
(b) successes, challenges, and barriers experienced in implementation; and
(c) any recommendations for improvement of the standards and compliance. (2017 L.M.C., ch. 8, §1; 2017 L.M.C., ch. 12, § 3.)
This Article is intended to prevent the interruption of services to County residents provided by private contractors due to concerted economic action or a lock-out during a labor dispute. (2018 L.M.C., ch. 29, § 1.)
In this Section, the following words have the meanings indicated:
Concerted economic action means an attempt to resolve a labor dispute using economic pressure against an employer initiated or conducted by a labor organization, or a group of employees acting in concert with a labor organization, including striking, picketing, or boycotting.
Covered Contract means a County contract to provide residential solid waste, recycling, or yard waste collection and disposal services directly to County residents with a value equal to or greater than $250,000.
Director means the Director of the Office of Procurement or the Director’s designee.
Labor dispute means any dispute between an employer and its employees concerning wages, hours, and conditions of employment, or concerning the representation of employees for bargaining over wages, hours and conditions of employment.
Labor organization means an employee organization established for the principal purpose of engaging in collective bargaining with employers concerning wages, hours, and conditions of employment.
Labor peace agreement means a written contract between an employer and a labor organization that represents or is seeking to organize that employer’s employees that includes a provision:
(a) prohibiting the labor organization and all employees performing services under a covered contract from engaging in any concerted economic action with the employer for the duration of the County contract;
(b) prohibiting the employer from engaging in a lock-out of the employees performing services under a covered contract for the duration of the County contract; and
(c) requiring that all labor disputes between the employer and the employees performing services under a covered contract be resolved through final and binding arbitration.
Lock-out means the temporary closing of a business or the refusal by an employer to allow employees to work until a labor dispute is settled. (2018 L.M.C., ch. 29, § 1.)
(a) Determination. Before issuing a solicitation for a covered contract, the Director must determine if a labor peace agreement would be in the best interest of the County after considering:
(1) the duration of the contract;
(2) the adverse financial or economic impact of any disruption in services;
(3) the cost associated with finding replacement services;
(4) the risk of disruption of services;
(5) the history of strikes or lockouts disrupting County services provided by the contract;
(6) the potential adverse effect of a labor peace provision on competition for the contract; and
(7) any other factors affecting the public interest.
(b) Approval. If the Director finds that a labor peace provision is in the best interest of the County for this covered contract, the Director must recommend the inclusion of a labor peace provision to the Chief Administrative Officer in writing. If the Chief Administrative Officer approves a recommendation to include a labor peace provision in the contract, the Director must include a labor peace provision in the solicitation for bids or proposals.
(c) Implementation.
(1) If the covered contract documents require a labor peace agreement, the contractor awarded the contract must execute a labor peace agreement with a labor organization within sixty (60) days after the later of:
(A) receiving the notice of award from the County; or
(B) receiving a request for a labor peace agreement from a labor organization that already represents or seeks to represent the employees performing services under the covered contract.
(2) The contractor may satisfy this requirement by executing a:
(A) preliminary Labor Peace Agreement covering labor disputes over the representation of employees performing services under a covered contract by a labor organization that is designed to be supplanted by a comprehensive collective bargaining agreement;
(B) comprehensive collective bargaining agreement; or
(C) documenting that no labor organization requested a labor peace agreement or that a labor organization refused to negotiate a labor peace agreement in good faith.
(d) Enforcement. The Director may impose appropriate sanctions and remedies against a contractor for a violation of this Article as provided in applicable regulations or by contract, including termination for default. (2018 L.M.C., ch. 29, § 1.)
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