(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 the requirements of the United States Department of Agriculture’s HealthierUS School Challenge program at the Gold Award Level for competitive foods, as may be revised from time to time and notwithstanding any termination of the HealthierUS School Challenge program.

(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.