§ 38–822.06. Healthy vending, fundraising, and prizes in public schools.
(a) Except as provided by subsection (b) of this section, all beverages and snack foods provided by or sold in public schools, public charter schools, and participating private schools or provided by organizations participating in the Afterschool Meal Program, whether through vending machines, fundraisers, snacks, after-school meals, or other means, shall meet or exceed the standards described in 7 C.F.R. § 210.11(c)-(m).
(b) The requirements of subsection (a) of this section shall not apply to:
(1) Food and drinks available only to faculty and staff members; provided, that school employees shall be encouraged to model healthy eating;
(2) Food provided at no cost by parents;
(3) Food sold or provided at official after-school events;
(4) Adult education programs; and
(5) Food not consumed or marketed to students.
(c) The Office of the State Superintendent of Education may adopt standards that exceed the requirements set forth in subsections (a) and (b) of this section.
(d) Foods and beverages sold in public school, public charter school, and participating private schools stores shall meet the requirements of subsection (a) of this section.
(e) Public schools, public charter school, and participating private schools shall not permit third parties, other than school-related organizations and school meal service providers, to sell foods or beverages of any type to students on school property from 90 minutes before the school day begins until 90 minutes after the school day ends.
(f) Foods and beverages that do not meet the nutritional requirements of subsection (a) of this section shall not be:
(1) Used as incentives, prizes, or awards in public schools or public charter schools; or
(2) Advertised or marketed in public schools and public charter schools through posters, signs, book covers, scoreboards, supplies, equipment, or other means.
(g) After first issuing a warning, the Office of the State Superintendent of Education may impose a penalty, not to exceed $500 per day paid to the Healthy Schools Fund, on public schools and public charter schools that violate this section, subject to the right to a hearing requested within 10 days after the notice of imposition of the penalty is sent.