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Competitive Foods and Beverages

Information on competitive foods and beverages including definitions, background, compliance, resources, policy guidance, and frequently asked questions for sponsors participating in the National School Lunch Program or School Breakfast Program.

Overview

All public non-charter schools participating in the National School Lunch Program (NSLP) or School Breakfast Program (SBP) must follow state and federal requirements for competitive foods and beverages. All charter or private schools participating in the NSLP or SBP must follow only the federal requirements. Competitive foods and beverages are those that are 1) sold, 2) to students, 3) on school campus, 4) during the school day, and 5) outside of the federally reimbursable meal programs. Examples may be foods or beverages sold in vending machines (that are not reimbursable meals), student stores, fundraisers, or á la carte items sold by the school food service department.

Definitions

Competitive Foods

All food and beverages other than meals reimbursed under programs authorized by the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966 available for sale to students on the school campus during the school day. [Title 7 Code of Federal Regulation (7 CFR) 210.11(a)(2) External link opens in new window or tab. and California Education Code (EC) Section 49430(c) External link opens in new window or tab.]

School Campus

All areas of the property under the jurisdiction of the school that are accessible to pupils during the school day. [7 CFR, Section 210.11(a)(4) External link opens in new window or tab.and California EC Section 49430(k) External link opens in new window or tab.]

School Day

The period from the midnight before to 30 minutes after the end of the official school day. [7 CFR, Section 210.11(5) External link opens in new window or tab. and California EC Section 49430(l) External link opens in new window or tab.]

Sold

The exchange of food or beverages for money, coupons, vouchers, or order forms when any part of the exchange occurs on a school campus. [California EC Section 49430(n) External link opens in new window or tab.]

Added Sweetener

An additive other than 100 percent fruit juice that enhances the sweetness of a beverage. [California EC Section 49430(a) External link opens in new window or tab.]

Entree

A food that is generally regarded as being the primary food in a meal or intended as the main dish and contains 1) a meat or meat alternate and a whole grain rich food, 2) a meat or meat alternate and a fruit or vegetable, or 3) a meat or meat alternate alone with the exception of yogurt, cheese, nuts, seeds, and meat snacks. [7 CFR, Section 210.11(a)(3) External link opens in new window or tab. and California EC Section 49430(f) External link opens in new window or tab.]

Snack

A food that is generally regarded as supplementing a meal, including, but not limited to, chips, crackers, yogurt, cheese, nuts, seeds, fruit, or vegetables. [California EC Section 49430(m) External link opens in new window or tab.]

Paired Exempt Foods

A combination of food items that have been designated as exempt from one or more of the nutrient requirements individually which are packaged together without any additional ingredients. Such “paired exempt foods” must only meet the calorie, sodium, and trans fat standards. [7 CFR, Section 210.11(a)(6) External link opens in new window or tab.]

Elementary School

A school operated and maintained by a school district or county office of education that maintains any grade from kindergarten to grade 6, inclusive, but no grade higher than grade 6. [California EC Section 49430(e) External link opens in new window or tab.]

Middle School

A school operated and maintained by a school district or county office of education that maintains grade 7 or 8, grades 7 to 9, inclusive, or grades 7 to 10, inclusive. [California EC Section 49430(i) External link opens in new window or tab.]

High School

A school operated and maintained by a school district or county office of education maintaining any of grades 9 to 12, inclusive. [California EC Section 49430(h) External link opens in new window or tab.]

Questions:   Nutrition Services Division | COMPETITIVEFOODS@cde.ca.gov
Last Reviewed: Wednesday, January 17, 2024
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