W. Va. Code R. § 126-85-122
Current through Register Vol. XLI, No. 50, December 13, 2024
Section 126-85-122 - Foods and Beverages Definitions122.1. 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. W. Va. Code R. § 126-85-122