Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 22.1-207.4 as follows:

§22.1-207.4. Nutritional guidelines for competitive foods.

A. The Board, in cooperation with the Department of Health, shall promulgate regulations setting nutritional guidelines for all competitive foods sold during regular school hours.

B. The Board, with assistance from the Department of Health, shall periodically review the nutritional standards for competitive foods to ensure that they remain current and science-based.

For purposes of this section, "competitive food" means any food, excluding beverages, sold on school grounds that is not part of the school breakfast or school lunch program.

2. That the Board of Education, in promulgating its regulations pursuant to this act, shall adopt the Governor's Nutrition and Physical Activity Scorecard's nutritional guidelines as the statewide standard for competitive foods.

3. The Board of Education shall report to the General Assembly on the status of the final regulations by December 1, 2012. The report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents.

4. Each local school board shall develop and implement a plan to ensure compliance with the provisions of subsection A of §22.1-207.4 of the Code of Virginia and submit the plan to the Department of Education no later than 30 days prior to the beginning of the 2013 - 2014 school year.