Cal. Code Regs. tit. 5 § 15559

Current through Register 2024 Notice Reg. No. 21, May 24, 2024
Section 15559 - Requirements for Nutritionally Adequate Breakfast
(a) A nutritionally adequate breakfast shall contain components that meet the USDA School Breakfast Program requirement for a five-day school week contained in 7 Code of Federal Regulations section 220.8 as amended by 87 FR 6984, February 7, 2022, which is hereby incorporated by reference, as set forth in the following tables:

Amount of Food a per Week (Minimum per Day)

FoodGrades K-5Grades 6-8Grades 9-12
Fruits (cups) b, c5 (1)5 (1)5 (1)
Vegetables (cups) b, c000
Grains (ounce equivalents) d7-10 (1) *8-10 (1) *9-10 (2) *
Meats/Meat Alternatives (ounce equivalents) e000
Fluid milk (cups) f5 (1)5 (1)5 (1)
* U.S. Department of Agriculture has lifted the weekly maximums for grains. The daily and weekly minimums for grains and the weekly calorie range still apply. The maximum are used as a guide for menu planning purposes only.
a Food items included in each group and subgroup and amount equivalents. Minimum creditable serving is one-eighth cup.
b One-quarter cup of dried fruit counts as one-half cup of fruit; one cup of leafy greens counts as one-half cup of vegetables. No more than half of the fruit or vegetable offerings may be in the form of juice. All juice must be 100 percent full-strength.
c Schools must offer one cup of fruit daily and five cups of fruit weekly. Vegetables may be substituted for fruits, but the first two cups per week of any such substitution must be from the dark green, red/orange, beans and peas (legumes) or "Other Vegetables" subgroups, as defined in 7 Code of Federal Regulations section 210.10(c)(2)(iii), which is hereby incorporated by reference.
d At least 80 percent of grains offered weekly must meet the whole grain-rich criteria specified in FNS guidance, and the remaining grain items offered must be enriched. Schools may substitute one ounce equivalent of meat/meat alternate for one one-ounce equivalent of grains after the minimum daily grains requirement is met.
e There is no meat/meat alternate requirement.
f All fluid milk must be fat-free (skim) or low-fat (1 percent fat or less). Milk may be unflavored or flavored, provided that unflavored milk is offered at each meal service.

Other Specifications: Daily Amount Based on the Average for a 5-Day Week contained in 7 Code of Federal Regulations section 220.8 as amended by 87 FR 6984, February 7, 2022, which is hereby incorporated by reference.

Dietary Specifications

Grades K-5

Grades 6-8

Grades 9-12

Min-Max Calories (kcal) g, h

350-500

400-550

450-600

Saturated Fat (percent of total calories) h

Less than 10 percent

Less than 10 percent

Less than 10 percent

Sodium Target 1 (milligrams) h

Less than or equal to 540 mg

Less than or equal to 600 mg

Less than or equal to 640 mg

Trans Fat h

Nutrition label or manufacturer specifications must indicate zero grams of trans fat per serving

Nutrition label or manufacturer specifications must indicate zero grams of trans fat per serving

Nutrition label or manufacturer specifications must indicate zero grams of trans fat per serving

g The average daily calories for a five-day school week must be within the range (at least the minimum and no more than the maximum values).

h Discretionary sources of calories (solid fats and added sugars) may be added to the meal pattern if within the specifications for calories, saturated fat, trans fat, and sodium. Foods of minimal nutritional value and fluid milk with fat content greater than one percent milk fat are not allowed.

Cal. Code Regs. Tit. 5, § 15559

1. Amendment of section heading and section and new NOTE filed 9-26-2019; operative 1-1-2020 (Register 2019, No. 39).
2. Change without regulatory effect amending section filed 12-3-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 49).
3. Change without regulatory effect amending section filed 12-14-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 50).

Note: Authority cited: Sections 33031, 49531 and 49531.1, Education Code. Reference: 7 C.F.R. section 220.8.

1. Amendment of section heading and section and new Note filed 9-26-2019; operative 1/1/2020 (Register 2019, No. 39).
2. Change without regulatory effect amending section filed 12-3-2021 pursuant to section 100, title 1, California Code of Regulations (Register 2021, No. 49).
3. Change without regulatory effect amending section filed 12-14-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 50).