1. (a) For the purposes of this article, a fluid milk substitute is defined as a nondairy beverage that provides the nutrients as listed in the table below and is fortified in accordance with the fortification guidelines issued by the U.S. Food and Drug Administration:

   Nutrient

   Per Cup (8 Fluid Ounces)

   Calcium

   276 milligrams (mg)

   Protein

   8 grams

   Vitamin A

   150 micrograms retinol activity equivalents

   Vitamin D

   2.5 micrograms

   Magnesium

   24 mg

   Phosphorus

   222 mg

   Potassium

   349 mg

   Riboflavin

   0.44 mg

   Vitamin B-12

   1.1 micrograms

2. (b) A child nutrition entity must offer fluid milk substitutions to a student for disability reasons or medical needs when it receives a Medical Statement to Request Special Meals and/or Accommodations for that student, which has been completed and signed by a Registered Dietitian or State of California licensed physician, physician assistant or nurse practitioner licensed to practice in the State of California.
3. (c) A child nutrition entity may offer fluid milk substitutes for non-disability reasons to a student who cannot consume fluid milk due to medical and special dietary needs, religious or moral convictions, or personal preference, when the student's parent or guardian completes, signs, and returns the Parental Request for a Fluid Milk Substitution for School-Age Children form (SNP Rev. 12/24), which is incorporated by reference.
4. (d) A child nutrition entity must inform the CDE if any of its schools choose to offer fluid milk substitutes other than for students with disabilities.

Note: Authority cited: Sections 33031, 49531 and 49531.1, Education Code. Reference: 7 C.F.R. Sections 210.10 and 220.8.

History

1. Repealer filed 9-26-2019; operative 1-1-2020 (Register 2019, No. 39).

2. New section filed 1-30-2025; operative 4-1-2025 (Register 2025, No. 15). For prior history, see Register 2019, No. 39.