1. (a) “Beverage” means any potable liquid.

2. (b) “Electrolyte replacement beverage” means a potable liquid that meets all of the following requirements:

   1. (1) Lists water as the first ingredient;
   2. (2) Contains no more than 2.1 grams of added sweetener per fluid ounce;
   3. (3) Contains at least 10 milligrams but no more than 150 milligrams of sodium per 8 ounces;
   4. (4) Contains at least 10 milligrams but no more than 90 milligrams of potassium per 8 ounces;
   5. (5) Contains no added caffeine; and
   6. (6) Contains no more than 40 calories per 8 fluid ounces in a maximum serving size of 12 fluid ounces or contains less than 5 calories per 8 fluid ounces in a maximum serving size of 20 fluid ounces.

3. (c) “Flavored water” means potable water that meets all of the following requirements:

   1. (1) Contains no added sweetener;
   2. (2) Contains no caffeine;
   3. (3) Contains no more than 40 calories per 8 fluid ounces in a maximum serving size of 12 fluid ounces or contains less than 5 calories per 8 fluid ounces in a maximum serving size of 20 fluid ounces; and
   4. (4) Contains non-caloric fruit flavoring or fruit essence, or fruit infused, or natural flavors.
4. (d) “Flavored carbonated water” means flavored water, as defined in this section, with carbonation added.

5. (e) “Milk” means cow's or goat's milk that:

   1. (1) Contains Vitamin A and Vitamin Ds;
   2. (2) Contains no added sweeteners exceeding 28 grams of total sugars per 8 ounces until June 30, 2025;
   3. (3) Beginning July 1, 2025, contains no more than 10 grams of added sugar per 8 fluid ounce or 15 grams of added sugar per 12 fluid ounce serving; and
   4. (4) Is one-percent fat milk or nonfat milk.

6. (f) “Non-dairy milk” alternative (e.g., rice milk, soy milk, almond milk, oat milk) means a beverage that:

   1. (1) Contains Vitamin A, Vitamin D and at least 276 mg of calcium per 8 ounces;
   2. (2) Contains no added sweeteners exceeding 28 grams of total sugars per 8 ounces until June 30, 2025;
   3. (3) Beginning July 1, 2025, contains no more than 23 grams of total sugars per 8 fluid ounces or 35 grams of total sugars per 12 fluid ounces serving; and
   4. (4) Contains no more than 3 grams of fat per 8 ounces.

As used in this article:

Note: Authority cited: Section 33031, Education Code. Reference: Section 49431.5, Education Code; Sections 38181, 38191 and 38211, Food and Agricultural Code; and 7 C.F.R. Sections 210.10, 210.11 and 220.12.

History

1. New section filed 8-4-2008; operative 9-3-2008 (Register 2008, No. 32).

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