West Virginia Code of State Rules
Agency 126 - Education
Title 126 - PROCEDURAL RULE BOARD OF EDUCATION
Series 126-085 - POLICIES OF OPERATION MANUAL - CHILD NUTRITION PROGRAMS (4320)
Section 126-85-122 - Foods and Beverages Definitions
Universal Citation: 126 WV Code of State Rules 126-85-122
Current through Register Vol. XLI, No. 38, September 20, 2024
122.1. The Standards for School Nutrition, Policy 4321.1, adopted by the VWBE defined the following foods and beverages.
122.1.1. Candy is defined as any food that,
as served in its finished form, contains, by weight, 40 percent or more sugar
(in crystalline form or in solution as syrup, both monosaccharides and
disaccharides) and/or other sweetening agents, or any food product commonly
referred to as "candy".
122.1.2.
Soft drinks as defined in Section 1, Article 19, Chapter 11 of the West
Virginia Code:
(a) "Bottled Soft Drinks"
which are all beverages, whether carbonated or not, or any preparations
commonly referred to as "soft drinks" of whatever kind, which are closed and
sealed in glass, paper or any other type of container, envelope, package or
bottle, whether manufactured with or without the use of any syrup, and
(b) any beverages, whether bottled
or not, which are prepared from soft drink syrups and powders by the mixing
thereof with carbonated or plain water, ice, fruit, milk or any other product
suitable to make a soft drink. Except that flavored, fluid milk, as defined in
regulations promulgated by USDA governing CNP, and beverage mixtures which, in
the finished product, contain at least 20 percent natural fruit or vegetable
juices may be sold.
122.1.3. Chewing gum is defined as a
preparation of chicle or other plastic substance sweetened and/or flavored for
chewing.
122.1.4. Flavored ice bar
is defined as a frozen confection consisting of water mixed with flavored
syrups and/or powders, sugars and/or other sweetening agents, binders,
stabilizers and/or emulsifiers.
122.1.5. Other foods are defined as any food
or beverage, other than those served as part of the school meal, including
snacks from vending machines, and foods sold during school hours for
fund-raising purposes and foods for parties. Other foods do not include those
brought to school by individual students for their own consumption.
Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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