(1)

in subsection (k) by striking food or food product each place it appears and inserting eligible food, and

(2)

by inserting after subsection (k) the following:

(k–1) Eligible food means a food or beverage that meets nutritional standards established by the Secretary of Agriculture, excluding the following:

(1)

A sugar-sweetened beverage commonly known as soda, or a nonalcoholic beverage containing sugar, cane sugar, corn syrup, high-fructose corn syrup, honey, or other caloric sweetener, excluding—

(A)

a beverage containing milk or a milk substitute;

(B)

a beverage with more than 50 percent fruit or vegetable juice; and

(C)

a product requiring preparation before consumption.

(2)

A candy preparation consisting of sugar, honey, or other sweeteners combined with chocolate, fruit, nuts, or other ingredients in bar, drop, or piece form, excluding items containing flour or requiring refrigeration.

(3)

A high-sugar beverage that lists carbonated water plus any caloric sweetener (e.g. sugar, cane sugar, corn syrup, HFCS) as the first 2 ingredients listed, excluding aspartame or other non-caloric sweetener as the first 2 ingredients listed.

(4)

A prepared dessert or snack food, such as a cake, cookie, pastry, pie, doughnut, muffin, candy-coated snack, or similar product with a high level of added sugar, sodium, or saturated fat.

(5)

An energy drink or other beverage containing an added sweetener, and marketed or labeled as an energy drink, including a product containing a stimulant such as caffeine, taurine, guarana, or a similar additive.