a)Each school may, with the approval of the Board of Education, sell to students beverages in vending machines during the school day so long as:

• (1)Soft drinks are not sold—

  • (A)during the breakfast and lunch periods;

  • (B)at elementary schools; or

  • (C)contrary to the requirements of the National School Lunch Program of the federal government.

  • (2)Sugared, carbonated soft drinks, including mid-calorie carbonated soft drinks, are not offered for sale in middle schools;

  • (3)Not greater than 50% of the offerings for sale to students in high schools are sugared carbonated soft drinks; and

  • (4)Bottled water products are available in every school that has beverage vending.

(b)Nothing in subsection (a) of this section prohibits a school from adopting stricter policies with respect to beverage vending or from selling diet carbonated soft drinks.

(c)Snack vending in all schools must, by the 2007/2008 school year, ensure that:

• (1)in elementary schools, no snack vending is available to students; and
• (2)in middle and high schools, 75% of snack vending products contains not more than 200 calories per portion or snack vending package