2. Food and beverages outside school lunch programs.__After September 30, 2006, food and beverages sold or distributed on school grounds but outside of school meal programs must:

A. Adhere to healthy foods and beverages standards as adopted by the Department of Health and Human Services, Bureau of Health by rule;

B.__Adhere to single-serving standards established by the United States Food and Drug Administration, including the following maximum portion sizes:

(1)__For beverages other than water, 12 ounces;

(2)__For frozen desserts and ice creams, 3 fluid ounces;

(3)__For cookies and cereal bars, 2 ounces;

(4)__For baked items other than cookies and cereal bars, 3 ounces; and

(5)__For prepackaged snacks, 1.25 ounces;

C.__For other than low-fat dairy, fruits, vegetables, seeds and nuts, contain no more than 10% of calories from saturated and trans fatty acids, 30% of calories from total fat and 35% of weight from refined sugars;

D. Not include carbonated soft drinks of any kind or candy;

E. For milk, be 1% fat or less; and

F. For juice, be 100% fruit juice or 100% vegetable juice.

The department may amend the requirements of paragraphs B and C as necessary by adoption of routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

3.__Food and beverages not to be used as rewards.__A school board subject to this section shall prohibit the use of food and beverages as rewards or incentives in the school setting.