Perhaps the proponents of CB17-2015 intended that each vending machine have 75% healthy items or maybe each collection of vending machines. But the Bill is less than clear on this issue. Seventy-five percent could be interpreted as all the machines across all of the Howard County properties. So that some machines may have only 50% healthy options, but others will have 100% to get a total of 75% healthy items.
If “offerings” means SKUs then it is possible that each machine could meet the requirements of the Bill by having 75% of the offerings representing healthy options while only being 50% of the choices at the machine. Consider a machine with just buttons as discussed earlier in Will CB17-2015 Ban Certain Types of Vending Machines? The bill requires 50% of each row to be healthy. Water must be offered too. Lastly, no more than 33% of the total offerings may be diet drinks. So the buttons could look like this:
Here there are 8 offerings. Six of the eight or 75% of the offerings are healthy options. Yet, only 50% of the actual buttons are healthy options. One of eight offerings are diet drinks; however they comprise 33.3% of the buttons.
Now consider this arrangement without the regular Coke.
Here there are seven offerings. Six of the seven or 85.7% are healthy. Only one of seven or 14% are Diet Coke offerings yet they occupy 50% of the buttons.
These are yet other ambiguous and unintended consequence of the drafting of CB17-2015.