Competitive Foods and Beverages

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]), California Education Code (EC) Section 49430(c) , and Title 5, California Code of Regulations (5 CCR) Section 15575(a)]

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) and EC Section 49430(k) ]

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) and EC Section 49430(l) ]

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. [EC Section 49430(n) ]

Added Sweetener

An additive other than 100 percent fruit juice that enhances the sweetness of a beverage. [EC Section 49430(a) ]

Entree

A competitive entrée is a food that is generally regarded as being the primary food in a meal or intended as the main dish (EC Section 49430[f]) and is further defined in 7 CFR Section 210.11(a)(3) and 5 CCR 15575(c) as any of the following:

• A combination of a meat/meat alternate (M/MA) and a whole grain-rich (WGR) grain, or
• A combination of an M/MA and a vegetable or fruit, or
• An M/MA alone, with the exception of yogurt; low- or reduced-fat cheese; nuts, seeds and nuts or seed butters; and meat snacks (such as dried beef jerky), or
• A combination of a meat/meat alternate (M/MA) and a whole grain-rich (WGR) grain, or

In addition to the four bullets above, for charter and private schools only two additional definitions of entrée exist:

• A combination of a meat/meat alternate (M/MA) and an enriched grain, or
• A combination of a meat/meat alternate (M/MA) and an enriched grain

Although 7 CFR sections 210.11(a)(3)(i) and (iv), states that a competitive entrée containing a grain can be WGR or enriched, California law is more restrictive. For public, noncharter schools, and per 5 CCR Section 15575(c)–the grain in a competitive entrée must be WGR and cannot be enriched. Refer to Management Bulletin SNP-04-2025 titled Competitive Foods and Beverages Overview UPDATE for additional information.

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. [EC Section 49430(m) ]

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 for any school type must meet nutrient standards for calories and sodium [7 CFR, Section 210.11(a)(6) ]. A public, noncharter school must also meet nutrient standards for sugar and trans fat (5 CCR 15578[d])

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. [EC Section 49430(e) ]

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. [EC Section 49430(i) ]

High School

A school operated and maintained by a school district or county office of education maintaining any of grades 9 to 12, inclusive. [EC Section 49430(h) ]

Background and History

Competitive food and beverage requirements in California began in 1976 with rules that govern food and beverage sales by student organizations. Since 2001, due to awareness of the obesity epidemic, there have been numerous state and federal laws and regulations passed which currently shape the competitive foods environment in California schools, the most recent of which include:

• AB 418 (Gabriel 2023) added California Health and Safety Code Section 109025, prohibiting certain food additives and dyes
  
  
• U.S. Department of Agriculture’s Final Rule, Child Nutrition Programs: Meal Patterns Consistent With the 2020-2025 Dietary Guidelines for Americans (DGAs) (2024) which addressed trans fats, grains in competitive entrées, and added sugar limits for milk
  
  
• AB 2316 (Gabriel 2024) amended California Education Code sections 49431 and 49431.5 to prohibit certain food dyes in competitive foods
  
  
• Title 5 California Code of Regulations sections 15575-15578 (April 2025) updated requirements for competitive foods and beverages

Today’s rules encompass a comprehensive approach to food and beverage sales by all groups or individuals, during the school day, throughout the school campus that reflect California’s priority to create a healthier school environment.

Compliance

The California Department of Education (CDE) monitors school food authorities (SFAs) and local educational agencies (LEAs) for compliance with the competitive food and beverage rules through the Administrative Review (AR) process [Title 7 Code of Federal Regulation (7 CFR), Section 210.9]. ARs occur approximately every three years. The CDE provides technical assistance when the standards are not met.

Note: The LEA is responsible for ensuring that all groups or individuals selling competitive foods or beverages maintain records that document compliance [7 CFR, Section 210.11(b)(2)].

• Administrative Review Off-site Assessment Tool (OAT) Guidance
  Sponsors are required to fill out the OAT prior to the on-site review. To download the OAT guidance in the Child Nutrition Information and Payment System (CNIPS), select School Nutrition Programs (SNP), select the Applications tab, select Downloadable Forms, and then select Form ID SNP 58 AR. For competitive food and beverage information, refer to questions numbered 1100-1103.
  
  
• Administrative Review Guidance Chart
  Once the OAT is completed, the AR reviewer conducts an on-site review to validate the information submitted in the OAT and to observe the operation of programs at the SFA and in selected schools. Prior to the on-site AR, the state reviewer sends sponsors the Administrative Review Guidance Chart, so sponsors can prepare all required documents for the on-site AR. To download the guidance chart in CNIPS, select SNP, select the Applications tab, select Downloadable Forms, and then select Form ID SNP 42. For competitive food and beverage information, refer to page 17.
  
  
• U.S. Department of Agriculture (USDA) Administrative Review Manual
  The USDA Food and Nutrition Service (FNS) provides general guidance to state agencies on the areas of review. For complete transparency and to download the AR Manual in CNIPS, select SNP, select the Applications tab, select Downloadable Forms, and then select Form ID MANUAL AR. Once in the Administrative Review Manual, search for the Module titled Smart Snacks in School.

While the Nutrition Services Division monitors competitive foods throughout the AR process, the California Legislature encourages the governing board of a school district to annually review its compliance with the competitive food and beverage rules [California Education Code sections 49431(c), 49431.2(d) ]

For more information regarding Administrative Reviews, you can visit the CDE School Nutrition Programs Administrative Review web page.

Resources

The following resources address both state and federal competitive food and beverage requirements.

Quick Reference Cards

Tools

Resource	Description
Alliance for a Healthier Generation’s Smart Snacks Online Calculator	The Smart Snacks calculator includes only the federal competitive food and beverage requirements (called Smart Snacks in School). This calculator is developed for all California charter schools and private schools participating in the National School Lunch Program or School Breakfast Program.

Additional Online Resources

To find additional online resources, visit the:

U.S. Department of Agriculture Smart Snacks in School web page to search for tools for schools that focus on compliance with the federal Smart Snacks in School rule. Note: in some situations California rules on competitive foods and beverages are stricter than federal requirements, which impacts the rules public, noncharter schools must follow.

Policy Guidance

Competitive foods and beverages are governed by different laws, regulations, and policies at the federal, state, and school district levels.

Federal Requirements
State Requirements
Do the state or federal rules apply?
Local School Wellness Policy Final Rule
California Summary of Competitive Foods and Beverages
Management Bulletins

Federal Requirements

Smart Snacks in School Final Rule

The U.S. Department of Agriculture (USDA) developed federal regulations that require all schools across the nation that participate in either the NSLP or SBP to follow the federal competitive food and beverage standards called Smart Snacks in School (SSIS). The SSIS Final Rule can be found under Title 7 Code of Federal Regulation (7 CFR), Section 210.11 . In 2024, competitive food and beverage standards were updated further and can be found under the  USDA final rule titled Final Rule - Child Nutrition Programs: Meal Patterns Consistent With the 2020-2025 Dietary Guidelines for Americans (DGAs) .

Additional background, including USDA Food and Nutrition Service responses to comments, can be found in the 2016 USDA final rule titled Final Rule: National School Lunch Program and School Breakfast Program: Nutrition Standards for All Foods Sold in School as Required by the Healthy, Hunger-Free Kids Act (HHFKA) of 2010 .

State Requirements

California Education Code

California has passed a number of laws that create or update the competitive food rules for all California public non-charter schools. These can be found under California Education Code (EC) sections 49430-49434 . These EC sections reflect the California Food Safety Act, effective December 31, 2027, which prohibits specific food dyes for competitive foods and beverages.

California Code of Regulations

The California State Board of Education has passed regulations that provide additional detail or definitions supporting the California EC. These regulations were updated as of April 1, 2025. These can be found under the Title 5, California Code of Regulations (5 CCR), sections 15575-15578 .

All foods and beverages sold by a student organization, defined as a group of students that are not part of the curricula or academics of a school or school district, must ensure the items sold meet the food and beverage standards and must meet 5 CCR, sections 15500-15501 .

California Health and Safety Code

In addition to rules regarding general safe food handling practices, California Health and Safety Code Section 109025 impacts competitive foods in that food and beverage products containing brominated vegetable oil, potassium bromate, propylparaben, and red dye number 3 are prohibited beginning January 1, 2027.

Do the state or federal rules apply?

All public non-charter schools participating in NSLP or SBP are required to follow both state and federal competitive food rules, whichever rule is stricter applies.

All charter and private schools participating in NSLP or SBP are required to follow federal competitive food rules and state Health and Safety Code above.

The Quick Reference Cards outline the rules each school type (public, charter, private) must follow:

• Competitive Food Quick Reference Cards-Public Schools
• Competitive Food Quick Reference Cards-Charter or Private Schools

Local School Wellness Policy Final Rule

The USDA developed federal regulations that require all schools across the nation that participate in either the NSLP or SBP to follow the federal Local School Wellness Policy (LSWP) regulations. The LSWP has additional requirements that connect to competitive foods, including:

• Nutrition guidelines for all foods and beverages available (sold or given away) on school campus. [7 CFR, Sections 210.31(c)(2) and 210.31(c)(3)(ii) ]
  
  
• Marketing and advertising of only foods and beverages that meet the federal SSIS standards. [7 CFR, Section 210.31(c)(3)(iii) ]
  

The local educational agency (LEA), should ensure each year that any new or updated state and federal competitive food rules are reflected in the LEAs LSWP.

California Summary of Competitive Foods and Beverages

The following is a summary of the federal and state laws and regulations governing competitive food and beverage sales in California.

The LSWP must address all foods and beverages available (sold or given away) on school campus and restricts marketing and advertising of foods and beverages on school campus.

Local School Wellness Policy Requirements for Competitive Foods

• All districts participating in the NSLP, SBP, or Special Milk Program must establish an LSWP that, among other things, includes nutrition guidelines for all foods and beverages available on school campus, and only permit the marketing and advertising of foods and beverages that meet the SSIS standards under 7 CFR, Section 210.11. Reference: Healthy, Hunger-Free Kids Act of 2010, Section 204; 7 CFR sections 210.31 and 220.7(h)
  
  
• The LSWP should, at a minimum, incorporate the current state and federal rules that govern competitive foods and beverages, but can impose more stringent requirements. Reference: Healthy, Hunger-Free Kids Act of 2010 Sections 204; 7 CFR section 210.11(b)(1) and 220.7(h)

Local School Wellness Policy Public Notification

• Every school or district participating in the NSLP or SBP shall inform the public about the content and implementation of the LSWP, and make the policy and any updates to the policy available to the public on an annual basis. Reference: California EC Section 49432; 7 CFR sections 210.31(d) and (e)(2).

Marketing and Advertising of Foods and Beverages

• Under the LSWP requirements, only foods and beverages that meet the federal SSIS standards can be marketed or advertised on school campus, during the school day. Reference: 7 CFR section 210.31(c)(3)(iii); California EC Section 49431.9

Fundraising

• Fundraising with foods and beverages is allowed in California schools. California does not allow exempted fundraisers. Similar to other food or beverage sales, if a fundraiser meets the competitive foods definition, then the items must meet the competitive foods requirements. Reference: Management Bulletin SNP-04-2025; 7 CFR section 210.11(b)(4)

Elementary, Middle, and High School—Food and Beverage Restrictions

• Refer to the Competitive Food Quick Reference Cards—Public Schools or the Competitive Food Quick Reference Cards—Charter or Private Schools to review all state and federal statute and regulatory references and a summary of all requirements.

Management Bulletins

The USDA issues policy memoranda related to competitive foods and beverages. When merited, the California Department of Education (CDE) will release a subsequent management bulletin to include state specific policy guidance and/or further explain or clarify the topic.

Frequently Asked Questions

Contact Us

If you have any questions on this subject, please contact the Competitive Foods and Beverages team by email at COMPETITIVEFOODS@cde.ca.gov.