Competitive Foods-Determining Compliant Beverages

This Management Bulletin (MB) provides guidance regarding the determination of compliant beverages for sale as a competitive food. This MB reflects state and federal requirements and flexibilities that apply to competitive food sales for California schools participating in the National School Lunch Program (NSLP) and School Breakfast Program (SBP); the guidance reflects the recent USDA final rule (FR), Expanding Fluid Milk Options in Child Nutrition Programs, (91 FR 25073) effective June 8, 2026 and accessed at https://www.fns.usda.gov/cn/fr-050826.

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) )(1) and (2), 210.11(l), and 220.12. When federal and state requirements differ, the most restrictive applies.

Allowable Beverage Categories

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

• All grade levels
  • Milk
  • Fluid milk substitutes, also referred to as nondairy milk alternatives (e.g. soy, almond, oat, and rice 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 beverage shall contain any of the following substances:

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

Milk:

• Flavored milk must be nonfat and may be lactose free or reduced lactose
• Unflavored milk must be low-fat (one percent) or nonfat and may be lactose free or reduced lactose
• Contains any amount of vitamins A and D
• 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
• Contains no added caffeine (trace amounts of naturally occurring caffeine is allowable) in elementary, middle, and high school
• Does not exceed the serving size limit for school type:
  •  8 fl oz in elementary schools
  • 12 fl oz in middle and high school

Fluid Milk Substitutes:

• Must be nutritionally equivalent to milk per 7 CFR Section 210.10(d)(2)(ii)
• Contains no more than 23 grams of total sugars per 8 fl oz or 35 grams of total sugars per 12 fl oz serving
• Contains no more than 3 grams of fat per 8 fl oz
• Contains no added caffeine (trace amounts of naturally occurring caffeine is allowable) in elementary, middle, and high school
• Does not exceed the 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
• Contains no added sweeteners*
• Contains no added caffeine (trace amounts of naturally occurring caffeine is allowable) in elementary, middle, and high school
• May be carbonated or non-carbonated
• Does not exceed the serving size limit:
  • 8 fl oz in elementary schools
  • 12 fl oz in middle and high schools

Water

• Must be plain – carbonated or noncarbonated (meaning no added sweeteners*, flavorings, etc.)
• Contains no added caffeine (trace amounts of naturally occurring caffeine is allowable) in elementary school or middle school
• No serving size limit

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

• Contains no added sweetener*
• Contains no added caffeine (trace amounts of naturally occurring caffeine substances allowable) in elementary and middle school
• 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 must be the first ingredient
• Contains 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
• Contains no added caffeine (trace amounts of naturally occurring caffeine substances allowable) in elementary and middle school
• 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

*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 sections 210(d)(1) and (2), 210.11(l), 220.12, and applicable state laws, including HSC Section 109025 (dyes and additives) and EC 49431.9 (marketing). Charter and private schools are encouraged, but not required, to follow any additional California competitive beverage rules found in EC or CCR.

Allowable Beverage Categories

The allowable competitive beverage categories for charter schools are:

• All grade levels
  • Milk
  • Fluid milk substitutes (e.g., soy, almond, oat, and rice 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:

• May be nonfat, low-fat (one percent), reduced fat (two percent), whole, lactose free, or reduced lactose (can be flavored or unflavored)
• 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 content
  • No added caffeine (trace amounts of naturally occurring caffeine is allowable) in elementary and middle school
  • Caffeine is allowable in high schools
• Does not exceed the serving size limit for school type:
  • 8 fl oz in elementary schools
  • 12 fl oz in middle and high schools

Fluid Milk Substitutes:

• Must be nutritionally equivalent to milk per 7 CFR Section 210.10(d)(2)(ii)
• Caffeine content
  • No added caffeine (trace amounts of naturally occurring caffeine substances allowable) in elementary and middle school
  • Caffeine is allowable in high schools
• Does not exceed the serving size limit for school type
  • 8 fl oz in elementary schools
  • 12 fl oz in middle and high schools

Fruit or Vegetable Juice:

• Must be one hundred percent fruit or vegetable juice full strength or diluted with water
• May be carbonated or non-carbonated
• Contains no added sweeteners
• Caffeine content:
  • No added caffeine (trace amounts of naturally occurring caffeine substances allowable) in elementary and middle school
  • Caffeine is allowable in high schools
• Does not exceed the serving size limit for school type:
  • 8 fl oz in elementary schools
  • 12 fl oz in middle and high schools

Water:

• Must be plain - carbonated or non-carbonated (meaning no added sweeteners*, flavorings, etc.)
• Caffeine content:
  • 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):

• Contains 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
• Contains 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
• May 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. 

Contact Information

If you have any questions regarding this MB, contact the Competitive Foods and Beverages team by email at CompetitiveFoods@cde.ca.gov.