(a) Except as provided in subsection (b) of this section, all food and beverages sold, offered, or provided by the Department or its agents on buildings, grounds, or other facilities under the Department's jurisdiction, control, or use shall meet the following requirements:
(2) For food and beverages other than meals, as that term is defined in § 38-821.01(5), including snacks and food and beverages sold through vending machines and concessions, the nutrition standards for competitive food applicable to high school-aged students, as described in 7 C.F.R. § 210.11.
(b) The requirements of this section shall not apply to:
(1) An event, such as a festival or carnival, if the Director exempts the event, in writing, from the requirements of this section and the food or beverages are not sold;
(2) Foods or beverages offered or provided by Department employees for their own consumption;
(3) A farmers’ market or produce cart, stand, or truck; provided, that at least one-half of the items offered or provided is fresh fruits or vegetables;
(4) Fund-raising activities held pursuant to § 10-302(b); or
(5) Foods or beverages sold, offered, or provided by a person as an ancillary part of its participation in a permitted activity or event; provided, that the person has applied for and received a fee-based use permit in accordance with § 10-302.01.
(c)(1) The Department shall seek to maximize its sponsorship of and the participation of eligible children and residents in federal nutrition programs.
(2) On or before June 1 of each year, the Department shall provide the manager or designated employee of each of its facilities with training and information on how to connect residents to nutrition supports, including the Supplemental Nutrition Assistance Program, federal child nutrition programs, nutrition education programs, and emergency food.
(3) The Department shall offer reimbursable suppers on each weekday to children present at a Department facility through the Afterschool Meals Program, as provided in 7 C.F.R. § 226.17a.
(4)(A) By February 1 of each year, the Department shall publish a written plan to increase participation in the Summer Food Service Program and the Afterschool Meals Program.
(B) In order to develop and implement the plan required by subparagraph (A) of this paragraph, the Department shall coordinate with relevant community groups, Advisory Neighborhood Commissions, and the Council.
(d) The Department shall ensure that any foods or beverages sold, offered, or provided outside of federal nutrition programs do not negatively affect the participation of children and residents in federal nutrition programs.
(e)(1) Food or beverages may only be advertised or marketed on Department property if the items meet the nutritional standards set forth in this section.
(2) The requirements of this subsection shall apply to advertising:
(A) On scoreboards;
(B) On vending machines;
(C) At concession stands;
(D) On banners and signs;
(E) Through the sponsorship of teams, programs, and events; and
(F) Other forms of promotion, marketing, and advertising.
This section is referenced in § 10-307.
Effect of Amendments
D.C. Law 19-280 added this section.
Applicability of D.C. Law 22-186: § 3 of D.C. Law 22-186 provided that the change made to this section by amendatory section 3b(c)(3) within section § 2(b) of D.C. Law 22-186 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
For temporary (90 days) repeal of applicability provision of D.C. Law 22-186, see § 7152 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).