Food Safety Program
Senate Bill (SB) 1192 Fact Sheet - Healthy by Default Children’s Meal Beverage Law
Background
Effective January 1, 2019, Senate Bill (SB) 1192 - California’s Healthy-By-Default Children’s Meal
Beverage Law, now requires restaurants that serve a children’s meal which includes a beverage, to make
the default beverage offered with the child’s meal to be one or more of the following:
Water, sparkling water, or flavored water with no added natural or artificial sweeteners.
Unflavored milk (plain dairy milk).
Nondairy milk alternative such as almond, coconut, or soy milk. Nondairy milk alternatives must
contain no more than 130 calories/serving.
SB 1192 was passed as an effort to protect children in California and reduce health risks associated with
sugar consumption. Under the California Retail Food Code (Cal Code), Chapter 12.8 Children’s Meals,
sugar-sweetened beverages are prohibited from being the default beverage in a children’s meal. These
statues are applicable to any restaurant that sells a children’s meal which includes a beverage. The
provision does not prohibit a restaurant’s ability to sell, or a customer’s ability to purchase an
alternative beverage instead of the default beverage offered with the children’s meals if requested by
the purchaser of the children’s meal.
Enforcement
Cal Code Section 114379.50 provides non-compliance penalties that include a notice of violation for the
first violation, a fine not to exceed $250 for second violation within five years, not to exceed $300
annually.
Applicable Definitions
Children's Meal: a combination of food items and a beverage, or a single food item and a
beverage, sold together at a single price, primarily intended for consumption by a child.
Default Beverage: the beverage automatically included or offered as part of a children’s meal,
absent a specific request by the purchaser of the children’s meal for an alternative beverage.
Restaurant: a retail food establishment that prepares, serves, and vends food directly to the
consumer.
Food and Drug Branch
1-800-495-3232
FDBRetail@cdph.ca.gov