Put Down the Cupcake: New Ban Hits School Bake Sales (Federal Law)

Wall Street Journal ^ | Aug 1, 2014 | Stephanie Armour

[Innovative]

But the sales won't be so sweet starting this fall. Campus bake sales—a mainstay of school fundraisers—are going on a diet. A federal law that aims to curb childhood obesity means that, in dozens of states, bake sales must adhere to nutrition requirements that could replace cupcakes and brownies with fruit cups and granola bars.

The restrictions that took effect in July stem from the 2010 Healthy, Hunger-Free Kids Act championed by first lady Michelle Obama and her "Let's Move!" campaign. The law overhauled nutrition standards affecting more than 30 million children.

The law also required the U.S. Department of Agriculture to set standards for all food and beverages sold during the school day, which includes vending machines, snack carts and daytime fundraisers. It allowed for "infrequent" fundraisers, and states were allowed to decide how many bake sales they would have that didn't meet nutrition standards.

Without state-approved exemptions, any treats sold would have to meet calorie, sodium, fat and other requirements. The law permits states to fine schools that don't comply.

[MaxMax]

in a not too distant future, they may well dictate what we all can eat

Absolutely correct. Eat our way or be fined thousands of dollars and
if you do not pay we'll come after you with SWAT and kill your Dog!

[factoryrat]

Add to that every single alphabet soup agency under control of the executive branch, and you get the idea.

[MaxMax]

Schools should be taken from the Feds by force and given to the states to decide.
This way the Voters of each state will be responsible for their own state of affairs
and can create all the F-in communism they damn well please and leave the rest of us alone!

[SES1066]

The law does end Federal funding for school district's that do not comply and does "allow" states to "fine" (actually reduce their state funding, sheesh) if they do not comply.

And is that not the crux of the matter, that school districts cannot survive without Federal Funds because that entire sector has been FEDERALIZED! Ever since Eisenhower established the Department of Health, Education, and Welfare (HEW) in 1953, the government has been usurping the formerly sovereign community and state controls and funding of education. Now, with the Education Department that was separated from HEW by Jimmy Carter, the country is entirely a top-down federal control and money operation save only for 'Private' schools who have fewer regulations to follow and less Federal money!

Of course the fact that the professional educator unions championed this movement has meant that the liberal and statist mindset has permeated the entire process. Thus one bake sale too many will give power to a federal oversight bureaucrat to force the offender to bend-the-knee and touch their forelock at their feudal master's bidding! That is right, we no longer have Federalism but a burgeoning return to Feudalism! Wonderful!

[bgill]

Ok, so write on the ziplock baggie that the 3” square brownie inside serves 4.

[Amendment10]

If schools were teaching the federal government's constitutionally limited powers as the Founding States had intended for those powers to be understood, then students would know that the federal government has no constitutional authority to regulate intrastate commerce.

More specifically, regardless what FDR's activist justices wanted everybody to think about the scope of Congress's Commerce Clause powers when the Supreme Court wrongly decided Wickard v. Filburn in Congress's favor in 1942, a previous generation of Constitution-respecting justices had clarified that the states have never delegated to Congress, expressly via the Constitution, the specific power to regulate intrastate commerce, campus bake sales an example of intrastate commerce.

”State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress [emphases added].” —Gibbons v. Ogden, 1824.

As a side note concerning the federal government's constitutionally limited powers, please consider the following. The states would sure be a dull, boring place to grow up and live in if parents were to make sure that their children were taught about the federal government's constitutionally limited powers as the Founding States had intended for those powers to be understood. /sarc

Thomas Jefferson had put it this way:

“Cherish, therefore, the spirit of our people, and keep alive their attention. If once they become inattentive to the public affairs, you and I, and Congress and Assemblies, judges and governors, shall all become wolves [emphasis added]. It seems to be the law of our general nature.” - Thomas Jefferson (Letter to Edward Carrington January 16, 1787)

In fact, forget about traditional salesman / sucker cliches like "buying the Brooklyn Bridge." Voters now have to deal with the problem that they have foolishly traded their votes for constitutionally nonexistent rights, federal spending programs and restrictive federal regulations likewise based on constitutionally nonexistant federal government powers.

[ChildOfThe60s]

nor does it impose a penalty if they do not

Cutting funding is a penalty. Any sort of promised action that is negative in nature is a penalty

That said, it's the reason the statists have worked so hard for the feds to "give" or "grant" monies to the states for various projects. It's a very effective end around the 10th amendment. Once the states are addicted to feeding on the federal teat, they become willing to take all sorts of orders to keep the "free" money coming.

[jonathonandjennifer]

You summed up the whole point very succinctly.

[Petrosius]

It is time (indeed, past time) that the states tell the fed’s to stuff it!

[WildWeasel]

Obamacare will be the vehicle by which every American’s food purchases will be monitored and regulated.

The excuse will be that obesity raises the cost of Obamacare and so your diet will be monitored by tracking and taxing the foods you buy.

I have no doubt this will occur.

[WildWeasel]

Obamacare will be the vehicle by which every American’s food purchases will be monitored and regulated.

The excuse will be that obesity raises the cost of Obamacare and so your diet will be monitored by tracking and taxing the foods you buy.

I have no doubt this will occur.

[Mariner]

Federal Funding is 20%, max.

People should go to their School Board meeting and ask the members why they are sacrificing all autonomy for 20%.

[Pikachu_Dad]

Wrong. The schools can and will be forced to comply

[Pikachu_Dad]

Here is a fine for you...

http://www.thenewamerican.com/culture/education/item/11422-feds-fine-school-$15000-for-selling-soda

[Pikachu_Dad]

All EBR schools are giving free lunches this year. 100%.

The Feds effect on the students menu. http://foodservice.ebrschools.org/eduWEB1/1000003/docs/sfs_school__meals__are__healthy__meals-12712.pdf

[Popman]

2010 Healthy, Hunger-Free Kids Act

I am always amazed the federal government comes up with names that ALWAYS winds up meaning the exact opposite...

[Pikachu_Dad]

Milk with every meal, but it is skim or 1%. ICK

Offering choices of milk daily at each meal: 1 % low fat white milk, skim white milk,
skim chocolate milk, and skim strawberry milk.

[Pikachu_Dad]

The law. From 2010. https://www.govtrack.us/congress/bills/111/s3307/text

[Pikachu_Dad]

Only low fat mayo... ICK

Using only low fat mayonnaise to make ranch dressing for salads and for all food
preparation.

[Popman]

Without state-approved exemptions, any treats sold would have to meet calorie, sodium, fat and other requirements. The law permits states to fine schools that don't comply.

OK, what if the states don't give a darn about complying with Mochelle Obama dictates and don't fine the schools.....

Is Eric Holder going to sue the states... ?