1. (a) A nutritionally adequate breakfast shall contain components that meet the USDA School Breakfast Program requirement for a five-day school week contained in 7 Code of Federal Regulations section 220.8(c) as amended by 89 FR 31962, April 25, 2024, which is hereby incorporated by reference, as set forth in the following tables:

   Amount of Food ^a per Week (Minimum per Day)

   Food

   Grades K-5

   Grades 6-8

   Grades 9-12

   Fruits (cups) ^b

   5 (1)

   5 (1)

   5 (1)

   Vegetables (cups) ^b

   0

   0

   0

   Grains or Meats/Meat Alternates (ounce equivalents) ^c

   7-10 (1)

   8-10 (1)

   9-10 (2)

   Fluid milk (cups) ^d

   5 (1)

   5 (1)

   5 (1)

   a Food items included in each group and subgroup and amount equivalents.

   b Minimum creditable serving is one-eighth cup. Schools must offer 1 cup of fruit daily and 5 cups of fruit weekly. Schools may substitute vegetables for fruit at breakfast as described in 7 Code of Federal Regulations sections 220.8(c)(2)(i) and (ii), which is hereby incorporated by reference.

   c Minimum creditable serving is 0.25 ounce equivalents. Schools may offer grains, meats/meat alternates, or a combination of both to meet the daily and weekly ounce equivalents for this combined component. At least 80 percent of grains offered weekly at breakfast must be whole grain-rich as defined in 7 Code of Federal Regulations section 210.2, which is hereby incorporated by reference, and the remaining grain items offered must be enriched. School food authorities and schools that are tribally operated, operated by the Bureau of Indian Education, and that serve primarily American Indian or Alaska Native children, may serve any vegetable, including vegetables such as breadfruit, prairie turnips, plantains, sweet potatoes, and yams, to meet the grains and meats/meat alternatives component as per 7 Code of Federal Regulations section 220.8(c)(3)(ii), which is hereby incorporated by reference. By July 1, 2025, breakfast cereals must contain no more than 6 grams of added sugars per dry ounce, per 7 Code of Federal Regulations section 220.8(c)(2)(iii)(B), which is incorporated by reference. By July 1, 2025, yogurt must contain no more than 12 grams of added sugars per 6 ounces (2 grams of added sugars per ounce) per 7 Code of Federal Regulations 220.8(c)(2)(iv)(C), which is hereby incorporated by reference.

   d Minimum creditable serving is 8 fluid ounces. All fluid milk must be fat-free (skim) or low-fat (1 percent fat or less) and must meet the requirements in 7 Code of Federal Regulations section 220.8(d), which is hereby incorporated by reference, including by July 1, 2025, flavored milk must contain no more than 10 grams of added sugars per 8 fluid ounces.

   Dietary Specifications: Daily Amount Based on the Average for a 5-Day Week [FNe]^, [FNf] contained in 7 Code of Federal Regulations section 220.8(c) as amended by 89 FR 31962, April 25, 2024, which is hereby incorporated by reference.

   Dietary Specifications

   Grades K-5

   Grades 6-8

   Grades 9-12

   Min-Max Calories (kcal)

   350-500

   400-550

   450-600

   Saturated Fat (percent of total calories)

   Less than 10 percent

   Less than 10 percent

   Less than 10 percent

   Added Sugars (percent of total calories)

   Less than 10 percent

   Less than 10 percent

   Less than 10 percent

   Sodium Limit: in place through June 30, 2027 (milligrams)

   Less than or equal to 540 mg

   Less than or equal to 600 mg

   Less than or equal to 640 mg

   Sodium Limit: Must be implemented by July 1, 2027 (milligrams)

   Less than or equal to 485 mg

   Less than or equal to 535 mg

   Less than or equal to 570 mg

   [FNe]

   By July 1, 2027, school must meet the dietary specification for added sugars.

   [FNf]

   Schools must meet the sodium limits by the dates specified in this chart. Discretionary sources of calories may be added to the meal pattern if within the dietary specifications.

Note: Authority cited: Sections 33031, 49531 and 49531.1, Education Code. Reference: 7 C.F.R. Section 220.8.

History

1. Amendment of section heading and section and new Note filed 9-26-2019; operative 1-1-2020 (Register 2019, No. 39).

2. Change without regulatory effect amending section filed 12-3-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 49).

3. Change without regulatory effect amending section filed 12-14-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 50).

4. Change without regulatory effect amending section filed 7-29-2025 pursuant to section 100, title 1, California Code of Regulations (Register 2025, No. 31).