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Chapter 15. Child Nutrition Programs Subchapter 1. Food Sales, Food Service, And Nutrition Education Article 6. Food And Beverage Requirements Outside Of The Federal School Meal Programs Definitions For Foods   

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(a) "Dairy" means a food made from milk with the exception of cheese packaged for individual sale.

(b) "Entree item" means a food generally regarded as the primary food in a meal and contains:

(1) Two or more of the following groups: meat/meat alternate, grain/bread, vegetable/fruit that are eaten together (e.g., turkey sandwich, pizza, hamburger on a bun, bean burrito, chef's salad, fruit and cheese platter, baked potato with chili, chicken vegetable stir-fry, veggie sandwich), or

(2) A meat/meat alternate alone (e.g., sausage patty, egg, chicken nuggets), excluding nuts, nut butters, seeds, cheese, and yogurt.

(c) "Exempt foods" means nuts, nut butters, seeds, eggs, cheese packaged for individual sale, fruits, vegetables that have not been deep fried, and legumes that do not contain added sugars or fat, and

(1) Fruit that is dried and contains added sugar is exempt only if the added sugar is part of the dehydration process or added as dextrose to prevent caking and maintain flowability.

(2) Fruit that is canned or frozen is exempt only if it contains no added sugar other than 100 percent fruit juice.

(d) "Full meal" means any combination of food items that meet the United States Department of Agriculture (USDA) approved School Breakfast Program or National School Lunch Program meal pattern requirements found in 7 CFR 210.10 or 220.8.

(e) "Meat/meat alternates," "grain/breads," and "vegetables/fruits" mean those described in theUSDA's Food Buying Guide for Child Nutrition Programs (2001 edition) Sections 1, 2, and 3, which is incorporated by reference.

(f) "Non-exempt foods" means foods other than nuts, nut butters, seeds, eggs, cheese packaged for individual sale, fruits, vegetables that have not been deep fried, and legumes that do not contain added sugars or fat.

(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.

(h) "Whole grain food item" means:

(1) For purchased grain or bread products:

(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

(B) The first listed grain ingredient is a whole grain, or

(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 51 percent of the weight of the total grains in the product.

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

(A) The weight of the whole grains shall represent at least 51 percent of the total grain weight of the product.

Authority cited:

Education Code 33031


Education Code 49430

Education Code 49431

Education Code 49431.2

(Added By Register 2008, No. 32.)