Competitive Foods-Determining Compliant Beverages

All Schools: General Approach for Determining Competitive Beverage Compliance

A beverage sold to students, on campus, during the school day must meet both steps listed below to be allowable.

• Step 1 – Determine if the beverage is an allowable category.
• Consult the allowable beverage category by school type listed below. Allowable beverage categories vary by school type (public noncharter, charter, or private schools).

• Review the beverage label and any marketing materials available from the manufacturer, vendor, etc.
• If no marketing materials are available, then review the label only.
  
  
• If the label or marketing materials use the terms for allowable beverage categories for your school type, such as “water,” “juice,” “milk,” “electrolyte replacement,” “sports drink,” “flavored water,” etc., the beverage meets the compliance for the allowable category and proceed to Step 2.
  
  
  • For example, a beverage container that states “carbonated juice” on the label would fit the beverage category of “juice” but no other beverage category.
    
    
• If the label or marketing materials do not use a term listed in the allowable beverage category for your school type, then the beverage is not allowable.

• Step 2 – Determine if the beverage meets the nutrient requirements for that beverage category.
  • Review the specific criteria for the beverage category. For example, a “carbonated juice” beverage must meet all criteria in the juice beverage category in order to be allowable as compliant juice.

Public Noncharter Schools: Determining Beverage Compliance

Public noncharter schools must follow both California and federal competitive beverage requirements as described in EC Section 49431.5, 5 CCR Section 15576, HSC Section 109025, and 7 CFR sections 210.10(d)(2) and 210.11 (l).

Allowable Beverage Categories

The allowable competitive beverage categories for public, noncharter schools are:

• All grade levels
• Milk
• Nondairy milk alternative (e.g., soy, almond, oat, and rice milks, or other similar nondairy milks)
• Water
• Fruit or vegetable juice
• High schools only
• Electrolyte replacement beverages (ERB)/Sports drinks
• Flavored water

Criteria for Each Allowable Beverage Category

All Beverage Categories–Food Dyes and Additives

All public noncharter schools must follow HSC Section 109025 that states that beginning January 1, 2027, no beverage shall contain any of the following substances:

• Brominated vegetable oil, which has been used in citrus-flavored soft drinks and sports drinks
• Potassium bromate, which has also been used in citrus-flavored beverages
• Propylparaben, which has been used in soft drinks, flavored waters, and juice
• Red dye 3

All public noncharter schools must follow EC sections 49431.5(a)(1)(E)(ii) and (a)(3)(J)(ii) which state that beginning December 31, 2027, no beverage sold as a competitive food shall contain any of the following substances:

• Blue 1
• Blue 2
• Green 3
• Red 40
• Yellow 5
• Yellow 6

Milk:

• 1 percent (unflavored only) or nonfat (flavored or unflavored)
• At least 21 percent of the Daily Value for calcium
• Contains Vitamins A and D
• Beginning July 1, 2025, contains no more than 10 grams of added sugar per 8 fluid ounce (fl oz) or 15 grams of added sugar per 12 fl oz serving
• No added caffeine (trace amounts of naturally occurring caffeine substances allowable)
• Serving size limit:
•  8 fl oz in elementary schools
• 12 fl oz in middle and high school

Nondairy Milk:

• Must be nutritionally equivalent to milk per 7 CFR Section 210.10(d)(2)(ii)
• Beginning July 1, 2025, contains no more than 23 grams of total sugars per 8 fl oz or 35 grams of total sugars per 12 fl oz serving
• No more than 3 grams of fat per 8 fl oz
• No added caffeine (trace amounts of naturally occurring caffeine substances allowable)
• Serving size limit:
• 8 fl oz in elementary schools
• 12 fl oz in middle and high schools

Fruit or Vegetable juice:

• Must be at least 50 percent juice by volume
• No added sweeteners*
• No added caffeine (trace amounts of naturally occurring caffeine substances allowable)
• Carbonated or non-carbonated
• Serving size limit:
  • 8 fl oz in elementary schools
• 12 fl oz in middle and high schools

Water:

• Plain – carbonated or noncarbonated (meaning no added sweeteners*, flavorings, etc.)
• No added caffeine (trace amounts of naturally occurring caffeine substances allowable)
• No serving size limit

Flavored Water – Carbonated or Noncarbonated (High School Only):

• No added sweetener*
• No added caffeine (trace amounts of naturally occurring caffeine substances allowable)
• May contain non-caloric fruit flavoring, fruit essence, or natural flavors, or be fruit infused
• Contains less than 5 calories per 8 fl oz with a serving size limit of 20 fl oz, or no more than 40 calories per 8 fl oz with a serving size limit of 12 fl oz.

Electrolyte Replacement Beverage (High School Only):

• Water as the first ingredient
• No more than 16.8 grams of added sweetener* per 8 fl oz (2.1 grams of added sweetener per fl oz)
• Contains at least 10 but not more than 150 milligrams (mg) of sodium per 8 fl oz
• Contains at least 10 but not more than 90 mg of potassium per 8 fl oz
• No added caffeine (trace amounts of naturally occurring caffeine substances allowable)
• Contain less than 5 calories per 8 fl oz with a serving size limit of 20 fl oz, or no more than 40 calories per 8 fl oz with a serving size limit of 12 fl oz

*Added sweetener means an additive other than 100 percent fruit juice that enhances the sweetness of a beverage (EC Section 49430[a]).

Charter and Private Schools : Determining Beverage Compliance

Charter schools must follow the federal rules as described in 7 CFR Section 210.11(l) and applicable state laws, including HSC Section 109025. Charter and private schools are encouraged, but not required, to follow California competitive beverage rules found in EC.

Allowable Beverage Categories

The allowable competitive beverage categories for charter schools are:

• All grade levels
• Milk
• Nondairy milk alternative (e.g., soy, almond, oat, and rice milks, or other similar nondairy milks)
• Water
• Fruit or vegetable juice
• High schools only
• “Other” beverages that are no calorie
• “Other” beverages that are low calorie
  

Criteria for Each Allowable Beverage Category

All Beverage Categories–Food Dyes and Additives

All charter and private schools must follow HSC Section 109025, which states that beginning January 1, 2027, no beverage shall contain any of the following substances:

• Brominated vegetable oil, which has been used in citrus-flavored soft drinks and sports drinks
• Potassium bromate, which has also been used in citrus-flavored beverages
• Propylparaben, which has been used in soft drinks, flavored waters, and juice
• Red dye 3

Milk:

• 1 percent or nonfat (can be flavored or unflavored)
• Beginning July 1, 2025, contains no more than 10 grams of added sugar per 8 fl oz or 15 grams of added sugar per 12 fl oz serving
• Caffeine
• No added caffeine (trace amounts of naturally occurring caffeine substances allowable) in elementary and middle school
• Caffeine is allowable in high schools
• Serving size limit
• 8 fl oz in elementary schools
• 12 fl oz in middle and high schools

Nondairy Milk:

• Must be nutritionally equivalent to milk per 7 CFR Section 210.10(d)(2)(ii)
• Caffeine
• No added caffeine (trace amounts of naturally occurring caffeine substances allowable) in elementary and middle school
• Caffeine is allowable in high schools
• Serving size limit:
• 8 fl oz in elementary schools
• 12 fl oz in middle and high schools

Fruit or Vegetable Juice:

• One hundred percent fruit or vegetable juice
• One hundred percent fruit or vegetable juice diluted with water
• Carbonated or non-carbonated
• No added sweeteners
• Caffeine
• No added caffeine (trace amounts of naturally occurring caffeine substances allowable) in elementary and middle school
• Caffeine is allowable in high schools
• Serving size limit:
  • 8 fl oz in elementary schools
  • 12 fl oz in middle and high schools

Water:

• Plain water or plain carbonated water
• Caffeine
• No added caffeine (trace amounts of naturally occurring caffeine substances allowable) in elementary and middle school
• Caffeine is allowable in high schools
• No serving size limit

No- and low-calorie beverages (high school only):

• Contain less than 5 calories per 8 fl oz, or less than or equal to 10 calories per 20 fl oz and have a serving size limit of 20 fl oz
• Contain no more than 40 calories per 8 fl oz or 60 calories per 12 fl oz and have a serving size limit of 12 fl oz
• Can include caffeine

For more information about competitive food and beverage standards, please visit the California Department of Education (CDE) Competitive Foods and Beverages web page at http://www.cde.ca.gov/ls/nu/he/compfoods.asp. 

If you have any questions regarding this management bulletin, please contact the Competitive Foods and Beverages team by email at competitivefoods@cde.ca.gov.