2. Food and beverages outside school lunch programs. The department shall adopt rules to establish Standard for food and beverages sold or distributed on school grounds but outside of school meal programs. These Standard must include maximum portion sizes, except for portion sizes for milk, that are consistent with federal school nutrition Standard. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.

Rules adopted pursuant to this subsection do not apply to food and beverages sold or offered at community events or fund-raisers held outside the hours of the normal school day and to products prepared in culinary arts programs provided by career and technical schools and programs.