1. (a) “Competitive foods” means all food and beverages other than meals reimbursed under programs authorized by the federal Richard B. Russell National School Lunch Act (Public Law 113-79) and the federal Child Nutrition Act of 1966 (42 U.S.C. section 1771 et seq.) available for sale to pupils on the school campus during the school day.
2. (b) “Dairy” means a food made from milk with the exception of cheese packaged for individual sale.

3. (c) “Entree item” means a food generally regarded as the primary food in a meal and is either:

   1. (1) A combination food of meat or meat alternate and whole grain-rich food, or
   2. (2) A combination of meat or meat alternate and vegetable or fruit; or
   3. (3) A meat or meat alternate alone with the exception of nuts, nut or seed butters, seed, low-fat or reduced-fat cheese, yogurt and meat snacks (such as dried beef jerky) or
   4. (4) A grain only, whole-grain rich entree that is served as the main dish of the School Breakfast Program reimbursable meal
4. (d) “Exempt foods” means nuts, nut butters, seeds, seed butters, reduced-fat cheese or part-skim mozzarella cheese packaged for individual sale, fruits, vegetables that have not been deep fried, seafood, eggs, a dried fruit and nut and seed combination, dried fruit containing added sugar only if the added sugar is part of the dehydration process or added as dextrose to prevent caking and maintain flowability, and canned or frozen fruit containing no added sugar other than 100 percent fruit juice.
5. (e) “Meat/meat alternates,” “grain/breads,” “vegetables and “fruits” mean those described in the USDA's Food Buying Guide for Child Nutrition Programs sections 1, 2, and 3, as updated on February 28, 2020, and section 4, as updated on May 31, 2022, which are incorporated by reference.
6. (f) “Non-exempt foods” means foods other than nuts, nut butters, seeds, seed butters, reduced-fat or part-skim mozzarella cheese packaged for individual sale, fruits, vegetables that have not been deep fried, seafood, eggs, a dried fruit and nut and seed combination, dried fruit containing added sugar only if the added sugar is part of the dehydration process or added as dextrose to prevent caking and maintain flowability, and canned or frozen fruit containing no added sugar other than 100 percent fruit juice.
7. (g) “Whole grain” means, but is not limited to, whole wheat flour, graham flour, cracked wheat, crushed wheat, wheat berries, entire wheat flour, whole durum flour, whole oats, oat groats, oatmeal, rolled oats, whole corn, whole grain cornmeal, popcorn, brown rice, brown rice flour, wild rice, whole rye, whole rye flour, dehulled barley, dehulled barley flour, whole grain barley, whole grain barley flour, buckwheat groats, whole buckwheat flour, bulgur (cracked wheat), whole millet, whole millet flour, whole quinoa, whole quinoa flour, whole spelt, whole spelt flour, whole sorghum (milo), whole sorghum flour, whole triticale, whole triticale flour.

8. (h) “Whole grain rich food item” means:

   1. (1) For purchased grain or bread products:

      1. (A) A product that contains the following statement: “Diets rich in whole grain foods and other plant foods and low in total fat, saturated fat, and cholesterol, may help reduce the risk of heart disease and certain cancers”, or
      2. (B) The first listed grain ingredient is a whole grain, or
      3. (C) If the first listed ingredient is not specifically identified as a whole grain, documentation has been obtained within the previous 12 months from the manufacturer that lists whole grains, which, when combined, shall represent at least 50 percent of the weight of the total grains in the product.

   2. (2) For grain or bread products prepared by schools:

      1. (A) The weight of the whole grains shall represent at least 50 percent of the total grain weight of the product and any remaining grains are enriched.

As used in this article:

Note: Authority cited: Section 33031, Education Code. Reference: Sections 49430, 49431 and 49431.2, Education Code; and 7 C.F.R. Sections 210.11 and 220.12.

History

1. New article 6 (sections 15575-15578) and section filed 8-4-2008; operative 9-3-2008 (Register 2008, No. 32).

2. Amendment of article 6 heading, section and Note filed 1-30-2025; operative 4-1-2025 (Register 2025, No. 15).