A. The department shall develop minimum nutrition Standard that meet at least federal guidelines and regulations for foods and beverages sold or served on the school grounds of elementary schools, middle schools and junior high schools during the normal school day. These nutrition Standard may include portion sizes, minimum nutrient values and a listing of contents. This subsection does not prohibit the department from developing minimum nutrition Standard that are more stringent than the federal guidelines and regulations for foods and beverages sold or served on school grounds during the normal school day.

B. All elementary schools, middle schools and junior high schools shall participate in the national school lunch program as defined in Public Law 108-265 except that a school district with fewer than one hundred pupils that is not currently participating in the national school lunch program may be exempt from this subsection if the school district governing board determines at a public meeting to not participate in the requirements of this subsection.

C. Food and beverages sold or served on the school grounds of elementary schools, middle schools and junior high schools or at school-sponsored events of elementary schools, middle schools and junior high schools during the normal school day shall meet the nutrition Standard developed by the department, including foods and beverages offered as any of the following:

• 1. A la carte items in the food service program.
• 2. Food and beverages sold in vending machines, snack bars and meal-period kiosks and at school stores.

D. Foods of minimal nutritional value as defined by 7 Code of Federal Regulations section 210.11(2) shall not be served or sold during the normal school day on any elementary school, middle school or junior high school campus.

H. Notwithstanding subsection D of this section, the department shall issue exemptions to allow school districts and charter schools to conduct fund-raisers that include the sale of foods of minimal nutritional value.

I. Nothing in this section shall be construed to:

• 1. Prohibit a school district from developing and adopting nutrition Standard that are more stringent than those developed pursuant to this section.
• 2. Prohibit or limit the sale or distribution of any food or beverage item through fund-raising activities of students, teachers or educational groups when the items are intended for sale off the school grounds.
• 3. Prohibit or limit the sale or distribution of any food or beverage items to teachers, administrators or other adults in a faculty lounge or under other circumstances where the sale or distribution is limited to teachers, administrators or other adults.