Except as provided in subsection (b) of this section, all food and beverages sold, offered, or provided by the Department or its agents through vending machines, concessions, stores, or other food venues on buildings, grounds, or other facilities under the Department’s jurisdiction, control, or use shall meet the requirements of either: The United States Department of Agriculture’s HealthierUS School Challenge program at the Gold Award Level for meals, competitive foods, and beverages as may be revised from time to time, notwithstanding any termination; or The Alliance for a Healthier Generation’s school competitive foods and beverage guidelines at the high school level, as may be revised from time to time, notwithstanding any termination. The requirements of this section shall not apply to: An event, such as a festival or carnival, if the Director exempts the event, in writing, from the requirements of this section and the food or beverages are not sold; Foods or beverages offered or provided by Department employees for their own consumption; A farmers’ market or produce cart, stand, or truck; provided, that at least one-half of the items offered or provided is fresh fruits or vegetables; Fund-raising activities held pursuant to § 10-302(b) ; or Foods or beverages sold, offered, or provided by a person as an ancillary part of its participation in a permitted activity or event; provided, that the person has applied for and received a fee-based use permit in accordance with § 10-302.01 . The Department shall seek to maximize its sponsorship of and the participation of eligible children and residents in federal nutrition programs. On or before June 1 of each year, the Department shall provide the manager or designated employee of each of its facilities with training and information on how to connect residents to nutrition supports, including the Supplemental Nutrition Assistance Program, federal child nutrition programs, nutrition education programs, and emergency food. The Department shall ensure that any foods or beverages sold, offered, or provided outside of federal nutrition programs do not negatively affect the participation of children and residents in federal nutrition programs. Food or beverages may only be advertised or marketed on Department property if the items meet the nutritional standards set forth in this section. The requirements of this subsection shall apply to advertising: On scoreboards; On vending machines; At concession stands; On banners and signs; Through the sponsorship of teams, programs, and events; and Other forms of promotion, marketing, and advertising.
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