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(1) As used in this section:
7 (a) "Accessory food" means food items excluded from the definition of staple
8 food under 7 C.F.R. sec. 271.2, and includes the following:
9 1. Energy drinks;
10 2. Prepared desserts, including:
11 a. Cookies;
12 b. Candy;
13 c. Ice cream;
14 d. Cakes; and
15 e. Pies;
16 3. Potato or corn chips; and
17 4. Soft drinks;
18 (b) 1. "Energy drinks" means nonalcoholic beverages containing at least
19 sixty-five (65) milligrams of caffeine per eight (8) fluid ounces that are
20 advertised as being specifically designed to provide metabolic
21 stimulation or an increase to the consumer's mental or physical
22 energy.
23 2. "Energy drinks" does not include coffee or any substantially coffee-
24 based beverage; and
25 (c) "Soft drinks" has the same meaning as in KRS 139.485.