Super. School fined $15K for selling soda.

posted at 9:31 am on May 19, 2012 by Jazz Shaw

When they told me they were working on education reform at the same time as trying to fight obesity in the nation’s youth, I didn’t think they were talking about this.

Davis High School has been fined $15,000 after they were caught selling soda pop during lunch hour, which is a violation of federal law.

The federally mandated law prohibits the sale of carbonated beverages after lunch is served. The program is an effort to help fight childhood obesity and to have young students make better food choices.

The mandate allows for carbonated beverages to be sold before lunch, but restricts students from buying lunch, then purchasing carbonated drinks afterward.

“Before lunch you can come and buy a carbonated beverage. You can take it into the cafeteria and eat your lunch, but you can’t first go buy school lunch then come out in the hallway and buy a drink,” said Davis High Principal Dee Burton.

I only heard about this story from long time Hot Air friend Lady Logician, who seems a bit puzzled by the methods of the nanny state here.

Wait a minute…..it’s OK to by the pop and then go into buy lunch but you can’t leave the lunchroom to go get the pop second? You can buy a Snickers but you can’t buy licorice? You can buy ice cream but not Skittles???? WTF???????

Parents have learned the art of education and give and take. You let them have the junk food (in moderation) and you educate them on the dangers of sex outside of a committed relationship. You tell them about the dangers of overindulging in alcohol and you don’t make it as attractive as if you were to just prohibit it. And at some point, you have to let go of the reins and trust them to make intelligent decisions on their own and be ready to allow them to suffer the consequences of the bad decisions.

Which is something that the Obama Administration can’t do…let the American people make their own decisions and take the consequences of those decisions.

The upshot of the fine levied against the school truly brings the story to the ridiculous conclusion it deserves. The $15K to pay the fine will come from funds normally used for the school’s music program, art department and sports. That should make for some better, more well rounded students, eh? Oh… and how do they plan to avoid being fined again in the future? The principal is looking for a way to move the soda machines into a room which can be locked and guarded starting at lunch time. Presumably that will require somebody with nothing better to do, such as… teaching students.

America. What a country!


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This is what the land of the free and the home of the brave looks like.

tom daschle concerned on May 19, 2012 at 9:34 AM

Ridiculous…

OmahaConservative on May 19, 2012 at 9:35 AM

…they fined another school $18,000.00…we need to rebel!

KOOLAID2 on May 19, 2012 at 9:36 AM

I have learned where every faculty lounge and Coke machine is at all the campuses I service. I wants my Diet Coke!

Sekhmet on May 19, 2012 at 9:36 AM

Ridiculous…

OmahaConservative on May 19, 2012 at 9:35 AM

…bout time I saw you again!…Where you been?
Good to see you!

KOOLAID2 on May 19, 2012 at 9:37 AM

Lest we forget, they’re not fining some amorphous “school” they’re fining taxpayers.

Alma on May 19, 2012 at 9:41 AM

Davis High School has been fined $15,000 after they were caught selling soda pop during lunch hour, which is a violation of federal law.

WTF? Why is there a federal law about schools selling soda pop in the first place?

Yet another example of why we need to elect congresspeople, and presidents, who understand the constitution and take their oaths of office seriously.

AZCoyote on May 19, 2012 at 9:42 AM

Hopefully President Romney will address this next January with an Executive Order staying enforcement until this IDIODIC LAW can get repealed…

Khun Joe on May 19, 2012 at 9:45 AM

WTF? Why is there a federal law about schools selling soda pop in the first place?

Yet another example of why we need to elect congresspeople, and presidents, who understand the constitution and take their oaths of office seriously.

AZCoyote on May 19, 2012 at 9:42 AM

Department of Education + taxpayer money = subservience.

marinetbryant on May 19, 2012 at 9:46 AM

The principal is looking for a way to move the soda machines into a room which can be locked and guarded starting at lunch time. Presumably that will require somebody with nothing better to do, such as… teaching students.

The one extra janitor’s duty is just the tip of the tip of the iceburg.

Weaving through the insane and idiotic imbroglio of federal mandates on schools already requires an army of “administrators for each school. Just like with Health Care “reform,” adding thousands of new rules doesn’t just add to the problem, it multiplies the difficulty exponentially. A lot of the rules conflict with each other.

So it’s not just that many more hoops to jump through; it’s like jumping through more hoops — while they’re sliding back and forth and spinning around.

logis on May 19, 2012 at 9:47 AM

Why is there a federal law about schools selling soda pop in the first place?

AZCoyote on May 19, 2012 at 9:42 AM

Did you miss last night’s QOTD thread?

“Economists generally agree that government intervention, including taxation, is justified when the market fails to provide the optimum amount of a good for society’s well-being,” writes Mytton.

Flora Duh on May 19, 2012 at 9:51 AM

They should be fined. Then the building should be razed and the rubble dumped at sea, off of an aircraft carrier, so it doesn’t become a shrine for the right-wing whack-jobs.

carl todd hand on May 19, 2012 at 9:52 AM

The fine was justified simply because they called it “soda pop”

DaveO on May 19, 2012 at 9:52 AM

Wonderful reasoning, fine the taxpayers and take money away from education. I thought everyone was supposed to agree about how critical it is to fund our children’s education?

obladioblada on May 19, 2012 at 9:54 AM

I want to know the genesis of this law. Who sponsored it. What was said in its defense. When was it passed.

Paul-Cincy on May 19, 2012 at 9:54 AM

Another reason to eliminate the DOE and return the educational administration to the states and local communities.

The first thing I’d eliminate in order to pay the $15,0000 fine is the Gay and Lesbian Studies indoctrination program. Then I’d eliminate any other program that has to do with cultural indoctrination leaving primarily the basic core study groups.

iamsaved on May 19, 2012 at 9:54 AM

They should be fined. Then the building should be razed and the rubble dumped at sea, off of an aircraft carrier, so it doesn’t become a shrine for the right-wing whack-jobs.

carl todd hand on May 19, 2012 at 9:52 AM

WTF?

darwin on May 19, 2012 at 9:56 AM

That radical religious right sure does want to control your life. /s

Grunt on May 19, 2012 at 9:58 AM

So, what are they going to do when the kids leave school to go to a convenience store to buy a soda there instead?

Good grief.

upinak on May 19, 2012 at 9:58 AM

WTF?

darwin on May 19, 2012 at 9:56 AM

don’t bother… it is probably an organic jerk.

upinak on May 19, 2012 at 9:59 AM

The school is bound to obey the law, however, if they want the $15,000 the federal government gives to subsidize their school lunch program.

And therein lies the crux of the problem. Keep your own $15K and tell the feds to take their $15K and shove it. Turn the school cafeteria into a profit center and watch the entire school atmosphere soar into a new level of excellence. If you need to provide lunch for the truly needy kid there, take that out of the profits from allowing the students customers to set the menu and the price.

MikeA on May 19, 2012 at 9:59 AM

Department of Education + taxpayer money = subservience.
marinetbryant on May 19, 2012 at 9:46 AM

Every year, the citizens of the average state pay a billion dollars that goes to the Department of Education. And, in return, they get back half a billion dollars — and a thousand pages of regulations telling them how they have to spend it.

On what crazy-ass bizzaro planet does that make the slightest bit of sense?

This exact same insane and idiotic scenario applies to much more than half of what the federal government is “doing for us” today. It’s time to finally admit that this is, sadly, an incredibly stupid idea that just didn’t quite pan out.

The plug on this insane and idiotic experiment should have been pulled fifty years ago. The bad news is, that’s impossible. The good news is that the second-best time to start fixing this mess is today — and that doesn’t require a time machine.

logis on May 19, 2012 at 10:02 AM

Ridiculous…

OmahaConservative on May 19, 2012 at 9:35 AM

Statists.

upinak on May 19, 2012 at 10:03 AM

And the feds are threatening to raid music concerts and seize Gibson guitars, because they contain evil wood spirits or something.

This is just the beginning of the insanity as the socialists liberals progressives tighten their control over the country.

Socratease on May 19, 2012 at 10:03 AM

Too many bureaucrats, too few original thinkers and problem solvers. This is the path of the despised French government bureaucrat. Choke it off before it multiplies any further!

ExpressoBold on May 19, 2012 at 10:03 AM

…if the school was filled with kids from “undocumented workers”…it probably would not have been fined.

KOOLAID2 on May 19, 2012 at 10:03 AM

Sodas and junk food don’t make kids fat … sitting on their ass all day does. Get them off the computer and cell phones.

darwin on May 19, 2012 at 10:05 AM

Ah. I get it. It’s tied to the federal “school meals program”. The same logic would allow the government to control our behavior under ObamaCare, because one person’s bad health choices are a drain on the whole system. The federal government has elaborate rules tied to their federal dollars.

http://www.fns.usda.gov/cnd/About/faqs.htm#Are%20items%20such%20as%20carbonated%20beverages%20allowed%20to%20be%20sold%20in%20schools?

Are items such as carbonated beverages allowed to be sold in schools?

The regulations for the National School Lunch Program and the School Breakfast Program do not prohibit the sale of foods in competition with reimbursable meals as long as those foods are not considered to be foods of minimal nutritional value (see below). Foods that may be sold in the cafeteria during the meal service include items that are part of the reimbursable meal but are purchased separately (seconds, for example) or items such as ice cream that are not credited as a component of a reimbursable meal but are not considered to be a food of minimal nutritional value. Competitive foods could also include foods sold in the cafeteria by school organizations as long as the revenues from these sales go to the food service, the school or an approved student organization.

The program regulations prohibit the sale of certain categories of foods of minimal nutritional value in the food service area during the breakfast and lunch periods. These categories (which include carbonated beverages and certain candies) are so designated because they do not provide at least 5 percent of the Reference Daily Intake (RDI) for any one of several key nutrients. For a complete discussion of the categories of foods of minimal nutritional value, including the criteria for making this designation, click here.

Federal regulations do not prohibit the sale of foods of minimal nutritional value elsewhere on the school grounds. However, States and local schools have the authority to do so, and many have adopted such restrictions.

Paul-Cincy on May 19, 2012 at 10:05 AM

Can you say “arugula” ?

As it turns out, new research has determined that a judgmental attitude may just go hand in hand with exposure to organic foods. In fact, a new study published this week in the journal of Social Psychological and Personality Science, has found that organic food may just make people act a bit like jerks.

J_Crater on May 19, 2012 at 10:06 AM

…if the school was filled with kids from “undocumented workers”…it probably would not have been fined.

KOOLAID2 on May 19, 2012 at 10:03 AM

Not only would it not been fined, there would be a government program to provide free sodas.

darwin on May 19, 2012 at 10:06 AM

I want to know the genesis of this law. Who sponsored it. What was said in its defense. When was it passed.
Paul-Cincy on May 19, 2012 at 9:54 AM

“What was said in its defense???”

Dude, what makes you think the bill was even read by the people who voted for it, let alone debated?

logis on May 19, 2012 at 10:06 AM

Well, you’ve got to give ‘ carl todd hand’ credit for creativity.

The standard boilerplate lefty comment is’”why do you wingnuts hate healthy children?”

Dr. Carlo Lombardi on May 19, 2012 at 10:09 AM

I want to know the genesis of this law. Who sponsored it. What was said in its defense. When was it passed.

Paul-Cincy on May 19, 2012 at 9:54 AM

The Healthy, Hunger-Free Kids Act: S. 3307 was a gift left to us by good ol’ Blanche Lincoln before she had her ass hat handed to her.

FINAL VOTE RESULTS

President Obama Signs Healthy, Hunger-Free Kids Act of 2010 Into Law

Flora Duh on May 19, 2012 at 10:11 AM

When the heck did this become federal law? I graduated from HS during the Bush years and I know I bought soda from one of the vending machines outside classrooms at least a few times.

Aquarian on May 19, 2012 at 10:14 AM

Don’t worry, everyone, they’re on it. And note the “The schedule for amending appendix B”. They’re on it!

http://www.fns.usda.gov/cnd/menu/fmnv.htm

School Meals
Foods of Minimal Nutritional Value

The following is taken from Appendix B of 7 CFR Part 210.

Appendix B to Part 210–Categories of Foods of Minimal Nutritional Value

(a) Foods of minimal nutritional value–Foods of minimal nutritional value are:

(1) Soda Water–A class of beverages made by absorbing carbon dioxide in potable water. The amount of carbon dioxide used is not less than that which will be absorbed by the beverage at a pressure of one atmosphere and at a temperature of 60 deg. F. It either contains no alcohol or only such alcohol, not in excess of 0.5 percent by weight of the finished beverage, as is contributed by the flavoring ingredient used. No product shall be excluded from this definition because it contains artificial sweeteners or discrete nutrients added to the food such as vitamins, minerals and protein.

(2) Water Ices–As defined by 21 CFR 135.160 Food and Drug Administration Regulations except that water ices which contain fruit or fruit juices are not included in this definition.

(3) Chewing Gum–Flavored products from natural or synthetic gums and other ingredients which form an insoluble mass for chewing.

(4) Certain Candies–Processed foods made predominantly from sweeteners or artificial sweeteners with a variety of minor ingredients which characterize the following types:

(i) Hard Candy–A product made predominantly from sugar (sucrose) and corn syrup which may be flavored and colored, is characterized by a hard, brittle texture, and includes such items as sour balls, fruit balls, candy sticks, lollipops, starlight mints, after dinner mints, sugar wafers, rock candy, cinnamon candies, breath mints, jaw breakers and cough drops.

(ii) Jellies and Gums–A mixture of carbohydrates which are combined to form a stable gelatinous system of jelly-like character, and are generally flavored and colored, and include gum drops, jelly beans, jellied and fruit-flavored slices.

(iii) Marshmallow Candies–An aerated confection composed as sugar, corn syrup, invert sugar, 20 percent water and gelatin or egg white to which flavors and colors may be added.

(iv) Fondant–A product consisting of microscopic-sized sugar crystals which are separated by thin film of sugar and/or invert sugar in solution such as candy corn, soft mints.

(v) Licorice–A product made predominantly from sugar and corn syrup which is flavored with an extract made from the licorice root.

(vi) Spun Candy–A product that is made from sugar that has been boiled at high temperature and spun at a high speed in a special machine.

(vii) Candy Coated Popcorn–Popcorn which is coated with a mixture made predominantly from sugar and corn syrup.

(b) Petitioning Procedures–Reconsideration of the list of foods of minimal nutritional value identified in paragraph (a) of this section may be pursued as follows:

(1) Any person may submit a petition to FNS requesting that an individual food be exempted from a category of foods of minimal nutritional value listed in paragraph (a). In the case of artificially sweetened foods, the petition must include a statement of the percent of Reference Daily Intake (RDI) for the eight nutrients listed in Sec. 210.11(a)(2) “Foods of minimal nutritional value,” that the food provides per serving and the petitioner’s source of this information. In the case of all other foods, the petition must include a statement of the percent of RDI for the eight nutrients listed in Sec. 210.11(a)(2) “Foods of minimal nutritional value,” that the food provides per serving and per 100 calories and the petitioner’s source of this information. The Department will determine whether or not the individual food is a food of minimal nutritional value as defined in Sec. 210.11(a)(2) and will inform the petitioner in writing of such determination, and the public by notice in the Federal Register as indicated below under paragraph (b)(3) of this section. In determining whether an individual food is a food of minimal nutritional value, discrete nutrients added to the food will not be taken into account.

(2) Any person may submit a petition to FNS requesting that foods in a particular category of foods be classified as foods of minimal nutritional value as defined in Sec. 210.11(a)(2). The petition must identify and define the food category in easily understood language, list examples of the food contained in the category and include a list of ingredients which the foods in that category usually contain. If, upon review of the petition, the Department determines that the foods in that category should not be classified as foods of minimal nutritional value, the petitioners will be so notified in writing. If, upon review of the petition, the Department determines that there is a substantial likelihood that the foods in that category should be classified as foods of minimal nutritional value as defined in Sec. 210.11(a)(2), the Department shall at that time inform the petitioner. In addition, the Department shall publish a proposed rule restricting the sale of foods in that category, setting forth the reasons for this action, and soliciting public comments. On the basis of comments received within 60 days of publication of the proposed rule and other available information, the Department will determine whether the nutrient composition of the foods indicates that the category should be classified as a category of foods of minimal nutritional value. The petitioner shall be notified in writing and the public shall be notified of the Department’s final determination upon publication in the Federal Register as indicated under paragraph (b)(3) of this section.

(3) By May 1 and November 1 of each year, the Department will amend appendix B to exclude those individual foods identified under paragraph (b)(1) of this section, and to include those categories of foods identified under paragraph (b)(2) of this section, provided, that there are necessary changes. The schedule for amending appendix B is as follows:

Publication

Actions for publication

May

November

Deadline for receipt of petitions by USDA.

Nov. 15

May 15

USDA to notify petitioners of results of Departmental review and publish proposed rule (if applicable).

Feb. 1

Aug. 1

60 Day comment period

Feb. 1 through Apr. 1

Aug. 1 through
Oct. 1

Public notice of amendment of appendix B by

May 1

Nov. 1

(4) Written petitions should be sent to the Chief, Technical Assistance Branch, Nutrition and Technical Services Division, FNS, USDA, Alexandria, Virginia 22302, on or before November 15 or May 15 of each year. Petitions must include all information specified in paragraph (b) of this appendix and Sec. 220.12(b) (1) or (2) as appropriate.

Last modified: 02/21/2012

Paul-Cincy on May 19, 2012 at 10:14 AM

The Healthy, Hunger-Free Kids Act: S. 3307 was a gift left to us by good ol’ Blanche Lincoln before she had her ass hat handed to her.

FINAL VOTE RESULTS

President Obama Signs Healthy, Hunger-Free Kids Act of 2010 Into Law

Flora Duh on May 19, 2012 at 10:11 AM

Guess I should’ve refreshed before posting. Thanks.

Aquarian on May 19, 2012 at 10:14 AM

The $15K to pay the fine will come from funds normally used for the school’s music program, art department and sports.

Not only that Jazz but as one story I quoted in my post said the profits from the product sold in those machines is used to fund arts, computers and other programs.

LL

Lady Logician on May 19, 2012 at 10:16 AM

Flora Duh on May 19, 2012 at 10:11 AM

Thanks Flora. Great research.

I’m getting what’s going on. The liberals want to control everyone as much as they can, for their own good. So they look for such areas, where they can control people. What people eat, that’s a big one. Control what kids eat, through federal regulations, and then what adults eat, through taxes.

Paul-Cincy on May 19, 2012 at 10:18 AM

FINAL VOTE RESULTS

President Obama Signs Healthy, Hunger-Free Kids Act of 2010 Into Law

Flora Duh on May 19, 2012 at 10:11 AM

“Congratulations to First Lady Michelle Obama, Secretary of Agriculture Tom Vilsack and to the bi-partisan support in the Congress to pass the Healthy, Hunger Free Children Act. By passing a bill that addresses the nutritional quality of school lunches, an important step is being taken to give children choices that will make them healthier and more productive.

-Mike Huckabee, Governor of Arkansas 1996-2007″

17 R’s voted for it.

Electrongod on May 19, 2012 at 10:19 AM

WTF? Why is there a federal law about schools selling soda pop in the first place?

Yet another example of why we need to elect congresspeople, and presidents, who understand the constitution and take their oaths of office seriously.

AZCoyote on May 19, 2012 at 9:42 AM

OK follow this pattern:

Who can marry – Obama wants to eliminate DOMA so states cannot choose which kinds of marriage they recognize. Federal control

Can you abort your unborn child – Obama supports supreme court mandating states allow the killing of the unborn. Federal Control

Can you develop natural resources off your near coast line – No Obama says coastal natural resource development is a Federal jurisdiction. Federal Control

How should electricity be generated in a state – Obama wants a national no fossil fuel policy and local availability and cost are irrelevant to the decision process. Federal Control

Health Care choices – Obama wants one size fits all federal mandated program. Clearly states don’t give a rip about their citizens health and of course individuals can’t be allowed to make their own decision because they obviously don’t care or know about their health. Federal Control

What kind of food you may feed your children at school and when you can feed it to them – Clearly too important to be left to parents, local administrators or states to decide that one. Obviously, they don’t care about children’s wellbeing, only Federal bureaucrats and politicians care about your children that you did not choose to abort. Federal Control

The reason the Federal government must control all these things is that they feel the stupid American people and the stupid state governments they elect cannot be trusted to implement the progressive agenda to save the world and put the left wing elites in charge of everything. It is really very easy to understand.

KW64 on May 19, 2012 at 10:21 AM

So we have a federal government that not only wants to tell us what we can and cannot eat or drink, but when we can eat and drink.

joeswampy on May 19, 2012 at 10:23 AM

17 R’s voted for it.

Electrongod on May 19, 2012 at 10:19 AM

Yeah, I noticed that. And my congress critter didn’t vote at all. Too bad she’s no longer in office so I can ask her why.

Flora Duh on May 19, 2012 at 10:27 AM

If Mayor Menino can ban selections of what he or other bureaucrats deem unsatisfactory in Boston, Utah might as well join the crowd, right?

“I want to create a civic environment that makes the healthier choice the easier choice in people’s lives, whether it’s schools, worksites, or other places in the community,” Menino said in a statement after the ban was announced.

Those Utah administrators will know better next time than to go against the nanny state or God forbid, make a human error. They’re lucky they weren’t fired in this current political atmosphere. This could have scarred children for life and started them down the road to permanent bad choices resulting in obesity and death! /sarc

manateespirit on May 19, 2012 at 10:30 AM

KW64 on May 19, 2012 at 10:21 AM

If I had a son, he’d be like Barak Obama.

- Woodrow Wilson

Flora Duh on May 19, 2012 at 10:31 AM

Just wondering…who caught them in violation of this confounded law? Are the pop police among us?

lynncgb on May 19, 2012 at 10:31 AM

Are the pop police among us?

lynncgb on May 19, 2012 at 10:31 AM

Drones…

Electrongod on May 19, 2012 at 10:38 AM

The $15K to pay the fine will come from funds normally used for the school’s music program, art department and sports.

Hhahahahaha oh god, that’s rich. For a second you actually had me convinced that conservatives hadn’t spent the last 30 years trying to eliminate music and arts from public schools because they “cost too much.” I guess the argument for “well rounded” students only matters when making fun of nanny statism. The hypocrisy stinks to high heaven.

libfreeordie on May 19, 2012 at 10:39 AM

The hypocrisy stinks to high heaven.

libfreeordie on May 19, 2012 at 10:39 AM

It’s such a puzzle to figure out your values and beliefs from your posts, if you have any, but here I gather you’re in support of extremely convoluted federal laws on the sale and consumption of soda pop in schools, as well as $15,000 fines for violating such laws.

Paul-Cincy on May 19, 2012 at 10:46 AM

Hhahahahaha oh god, that’s rich. For a second you actually had me convinced that conservatives hadn’t spent the last 30 years trying to eliminate music and arts from public schools because they “cost too much.”

libfreeordie on May 19, 2012 at 10:39 AM

Translation: I can’t defend this non-sensical government intrusion, so I’m going to try to divert the topic. It’s the Alisnky way man!

Flora Duh on May 19, 2012 at 10:46 AM

Does the $15K go directly to Obama’s campaign?

fogw on May 19, 2012 at 10:54 AM

The school has no ground to stand on here. The school excepted the Federal money, therefore the Feds have every right to withdraw the funds. The school cannot complain. The real problem is that the Feds are dishing out $ in the first place. Its not the place of the Federal Gov to manipulate Stata and Local behavior./

Bmore on May 19, 2012 at 11:02 AM

Stata=State

Bmore on May 19, 2012 at 11:03 AM

Who’s going to fine Obama when he eats a big, greasy, cheeseburger against the wishes of Michelle and her wasted effort? Maybe they can hire Mayor “remove all salt shakers” Bloomburg to monitor his eating habits.

Ever go to the school cafeteria to eat with one of your children or grandchildren? Watch the little fellows. They normally play with the fruit and vegetables or ignore them. Then, when they file out to throw their leftovers away, look at all the untouched bananas and apples that go into the trashcan.

You can lead a horse to water…

iamsaved on May 19, 2012 at 11:07 AM

Yeah, but look on the bright side, the FEDS now have another $15K to fund a study of a study of a study.

GarandFan on May 19, 2012 at 11:11 AM

As usual, Iowa Hawk nails it.

‏@iowahawkblog

Obama 1979: did coke in high school. Obama 2010: outlawed Coke® in high schools

Flora Duh on May 19, 2012 at 11:13 AM

I guess the argument for “well rounded” students only matters when making fun of nanny statism. The hypocrisy stinks to high heaven.

libfreeordie on May 19, 2012 at 10:39 AM

A well rounded student would be one who can actually read, write and speak half assed english. Today’s kids graduate idiots.

When they can read, write and do math proficiently then we’ll worry about art and music.

darwin on May 19, 2012 at 11:14 AM

It’s such a puzzle to figure out your values and beliefs from your posts, if you have any, but here I gather you’re in support of extremely convoluted federal laws on the sale and consumption of soda pop in schools, as well as $15,000 fines for violating such laws.

Paul-Cincy on May 19, 2012 at 10:46 AM

I agree that the fine is ridiculous. What bothers me is the manufactured outrage factory that is conservative media. When the same people who have worked day in and day out to eliminate music and the arts from public education use those programs to demonstrate why this fine is a problem it is enraging. Because Jazz Shaw doesn’t actually care about music and arts programs, he is using them as a political football and its intellectually dishonest and does nothing to actually help the crisis that is the end of music and the arts in public education.

In terms of this particular policy. I agree its the wrong tactic to take. The obesity epidemic is a serious problem, but trying to mandate a solution through the schools is the wrong answer. The federal government should be treating healthy foods the way they have traditionally treated fossil fuel companies. Offer manufacturers and distributors of healthy foods massive tax subsidies and welfare in order to make these foods less expensive. But that’s really all they can and should do. Ultimately, its up to Americans to organize social movements against bad food in their communities and for access to healthy alternatives. All I ask is that when they do so, conservatives don’t join the corporatist pushback and frame organizers as kooks and crackpots.

libfreeordie on May 19, 2012 at 11:18 AM

SCARY thought of the day?

The Nanny stater in chief has an automatic 45% re-elect number.

Walk the aisles of Wal-Mart and just imagine how many items can be “nudged” off the store shelves under a 2nd term of Michelle and the Burger sneaker.

Think of all the “unhealthy” items on the store shelves that will be a “threat to the nations health”.

PappyD61 on May 19, 2012 at 11:19 AM

A well rounded student would be one who can actually read, write and speak half assed english. Today’s kids graduate idiots.

When they can read, write and do math proficiently then we’ll worry about art and music.

darwin on May 19, 2012 at 11:14 AM

Music and arts education have been proven, again and again to contribute to the learning of reading and maths skills. If pedagogy guided the budgets arts and music would be well supported. Sadly, conservative ideology drives the debate and you all have imagined (with no basis in fact) that these things are mutually exclusive from productivity. Which is why wealthy private schools dont include…wait a minute, they do.

libfreeordie on May 19, 2012 at 11:20 AM

$15,000?

WTF??

Was Al Armendariz moonlighting as a consultant, advising on his “crucify a few as examples” strategy?

The rapidly growing monster that is the CFR will soon encompass all possible human activity, which will either be mandatory of prohibited.

Seriously, how can anyone not understand the desperate need to get the federal government under control? And that the only way to do that is to radically reduce its size and authority? And that the DOE would be a fine place to begin?

novaculus on May 19, 2012 at 11:21 AM

Sadly, conservative ideology drives the debate and you all have imagined (with no basis in fact) that these things are mutually exclusive from productivity.

BS.

And, bite me.

novaculus on May 19, 2012 at 11:23 AM

The program regulations prohibit the sale of certain categories of foods of minimal nutritional value in the food service area during the breakfast and lunch periods. These categories (which include carbonated beverages and certain candies) are so designated because they do not provide at least 5 percent of the Reference Daily Intake (RDI) for any one of several key nutrients. For a complete discussion of the categories of foods of minimal nutritional value, including the criteria for making this designation, click here.

Federal regulations do not prohibit the sale of foods of minimal nutritional value elsewhere on the school grounds. However, States and local schools have the authority to do so, and many have adopted such restrictions.

Appendix B to Part 210–Categories of Foods of Minimal Nutritional Value

(a) Foods of minimal nutritional value–Foods of minimal nutritional value are:

(1) Soda Water–A class of beverages made by absorbing carbon dioxide in potable water. The amount of carbon dioxide used is not less than that which will be absorbed by the beverage at a pressure of one atmosphere and at a temperature of 60 deg. F. It either contains no alcohol or only such alcohol, not in excess of 0.5 percent by weight of the finished beverage, as is contributed by the flavoring ingredient used. No product shall be excluded from this definition because it contains artificial sweeteners or discrete nutrients added to the food such as vitamins, minerals and protein.

Paul-Cincy on May 19, 2012 at 10:05 AM

Where does water fit in all this? I don’t see water providing anything that soda water does not.If the reason they’re not allowed to sell soda water is that it doesn’t provide nutrients, why would they be allowed to sell water? If they can sell water, why can’t they sell soda water?

I worked at a hopsital once that had weekly CAPO’s-cancel all previous orders. Every week we had to go and rewrite all of each patient’s orders. It was extra work, but it eliminated a lot of outdated and inappropriate orders. Maybe we need to do something like this, except with the current government, they wouldn’t pass the Constitution.

Maybe we need a cancel all previous orders except the Constitution and its amendments.

talkingpoints on May 19, 2012 at 11:24 AM

libfreeordie on May 19, 2012 at 11:18 AM

Instead of coming into the thread and dropping a stink bomb, why couldn’t you have given this well-reasoned response originally? You might have more people actually pay attention and give consideration to what you have to say that way.

Flora Duh on May 19, 2012 at 11:29 AM

I was president of my senior high school class. One of my campaign promises was that I would get the school a pop machine.
I delivered. That was during the 1987-88 school year.
Within a few years it was gone because it wasn’t considered ‘healthy’.
Spawn graduates tomorrow from a small school in Il.
He can make his OWN choces. He doesn’t need the government to thing for him.

annoyinglittletwerp on May 19, 2012 at 11:31 AM

WTF???????

Much more on point as a campaign slogan for our President than “FORWARD”

If anything sums up the last 3 years it has to be WTF.

MessesWithTexas on May 19, 2012 at 11:32 AM

In addition to the overall ridiculousness of the law, I think it is amusing that plain soda water is on the list.

McDuck on May 19, 2012 at 11:38 AM

That was during the 1987-88 school year.

annoyinglittletwerp on May 19, 2012 at 11:31 AM

I already had 5 children, my last one 2 yrs old. Geez do I feel old.

But back to the topic. My high school didn’t have soda machines because the parents of some of the more influential students objected to them – but hey, we did have a designated smoking area outside the cafeteria!

Flora Duh on May 19, 2012 at 11:40 AM

Flora Duh on May 19, 2012 at 11:40 AM

I busted my AZZ to get that machine.
Now the school is loaded with gang-bangers and teenage baby mommas…but at least there’s no pop machine.

annoyinglittletwerp on May 19, 2012 at 11:41 AM

A key risk of childhood obesity is lack of exercise. Certain populations of school-age children are at risk for childhood obesity due to their special circumstances which do not provide a safe environment for healthy exercise. In particular, children of ethnic minority families in urban centers are frequently denied access to exercise due to frequent hazards of pollution, gang violence, school lockdowns, and lack of funding for sports.

Therefore the President has issued an Executive Order to create the Endangered Healthy Child Organic Farming Volunteers Across America Initiative. Under the Initiative, schools will be relocated to rural locations where at-risk children can be cared for and protected away from the dangers of family, modernity, liberty and soda pop. They can enjoy the life-affirming benefits of proletarian labor, free healthcare, and making a difference, all while getting plenty of healthy exercise “getting down with Nature”. Health Volunteer Labor Choices include opportunities in textile mills, coalmines, flourmills, machine shops, garment factories, tobacco factories, shoe factories, carpet plants and of course cotton plantations. Children will enjoy the total destruction of the failed traditions and values of the past, as they Move Forward in an safe, supportive environment of radical egalitarianism and agrarian socialism.

Those that somehow still manage to become obese will receive special attention from experts in making such problems disappear.

Kenosha Kid on May 19, 2012 at 11:55 AM

I think the whackos have hit on what they think my be a cure for their need for revenue and paying down the debt.

Have all of the various tax payer funded departments start fining each other.

Pelosi and Krugman must have had something to do with this.

esnap on May 19, 2012 at 12:02 PM

The federal government HAS NO AUTHORITY to regulate the sale of products LEGAL TO SELL TO ANYONE in a school or anywhere else.

If I were that school I’d tell The Obama Regime to take that fine and SHOVE IT UP THEIR ASS.

As I’ve been saying here in stories like this: It’s time for some CONSERVATIVE civil disobedience. The government should NOT be assumed to have the authority it claims that it has, unless it can be directly LINKED to an enumerated power in the main text of the Constitution, or one added later in an Amendment.

It’s past time to consider a General Strike. Not against our jobs, our places of business, but AGAINST GOVERNMENT.

wildcat72 on May 19, 2012 at 12:05 PM

Music and arts education have been proven, again and again to contribute to the learning of reading and maths skills. If pedagogy guided the budgets arts and music would be well supported. Sadly, conservative ideology drives the debate and you all have imagined (with no basis in fact) that these things are mutually exclusive from productivity. Which is why wealthy private schools dont include…wait a minute, they do.

libfreeordie on May 19, 2012 at 11:20 AM

Well you’ve had decades of US schools under liberal control to use music and art to boost reading and math scores. You’ve failed.

Under liberal policies, students aren’t pushed to excel for fear of damaging delicate psyches. Standards are lowered to prevent students “feeling bad” when they fail, and instead of actually teaching children things they need in life liberals teach bullshyt. No wonder high school students need remedial reading and math when they enter college … they’re illiterate idiots thanks to liberal priorities.

Take yourself for instance. To you, art and music is a higher priority than basic reading, writing and math. Let’s not even get into history. History has become a liberal indoctrination class.

Thanks liberals! You know what they always say … if you want to f_ck something up just let the government or a liberal run it.

darwin on May 19, 2012 at 12:06 PM

Davis High School has been fined $15,000 after they were caught selling soda pop during lunch hour, which is a violation of federal law.

This one sentence is a gift from the Gods of Stupid.

So much stupidity packed into so few words.

The public school was fined. But, of course, the public school is not fined at all. Rather, money set aside by the taxpayers has been redirected to the federal government, instead of using it for education.

The fine is $15,000, which is completely out of line with the injury caused by their offense, which is non-existant.

They were caught selling soda, which means some kind of enforcement mechanism exists to catch them. Somebody is tasked to monitor when and where local schools are selling soda. And you can be the cost of that person is a heck of a lot more than $15,000.

It was a violation because they were selling soda during lunch hour. They can sell soda at any other time, but during lunch hour, all drinks must, do doubt, be dispensed by unionized SEIU workers. Any other mechanism of delivering beverages is a violation of the rules.

It is a violation of Federal Law. It’s right there in the Constitution, hidden in the emanation of the penumbra of the Commerce Clause.

This much stupidity derives from the choice of time of when a school sells soda pop. A more trivial undertaking is hard to imagine. Multiply by a Billion, and you have the future of the United States economy, and the future does not look promising.

Haiku Guy on May 19, 2012 at 12:06 PM

A key risk of childhood obesity is lack of exercise.

Kenosha Kid on May 19, 2012 at 11:55 AM

When I was in elementary school we used to have an hour recess period at lunch and another 15 minutes later in the day. During that time we played tag, jumped rope, played red-rover, kick ball and hop-skotch. Other than the occasional over-weight kid, there was no “childhood obesity” problem at our school.

But now recess is a forgotten remnant of the past, because darn it, the little darlings might fall down and scrape their knee, or get hit a tad too hard with a kicked ball.

I guarantee you, if schools permitted kids to be kids again, the “obesity problem” in schools would drop dramatically.

Flora Duh on May 19, 2012 at 12:07 PM

Pelosi and Krugman must have had something to do with this.

esnap on May 19, 2012 at 12:02 PM

Economists generally agree that government intervention, including taxation, is justified when the market fails to provide the optimum amount of a good for society’s well-being,” writes Mytton.

Flora Duh on May 19, 2012 at 9:51 AM

Flora Duh on May 19, 2012 at 12:13 PM

It is about time States stepped up to the plate and simply told the Feds, forget it. Stay off our campuses. And you can forget that fine. It ain’t happening.

pat on May 19, 2012 at 12:50 PM

For a second you actually had me convinced that conservatives hadn’t spent the last 30 years trying to eliminate music and arts from public schools because they “cost too much.”

libfreeordie on May 19, 2012 at 10:39 AM

It’d sure be nice to see some proof of that. You know, a link or something.

Not that we don’t trust your assertion, of course. It’s just that libs/leftists/democRATs are such notorious liars, that…well……..

Solaratov on May 19, 2012 at 12:51 PM

Paul-Cincy on May 19, 2012 at 10:05 AM
Paul-Cincy on May 19, 2012 at 10:14 AM

Okay, so am I understanding this correctly? The feds give money for school lunch programs to feed the poor students and then they have a say over every aspect of any other food sold? Or is the govt. subsidizing all school lunches?
Don’t know much about it, my kids brown bag it. And just an aside, when the lunch menu comes home it has nutritional information on each day’s meal. I am floored at how unnutritional they are-high calories,high fat. And the govt. is worried about soda?

hopeful on May 19, 2012 at 12:57 PM

novaculus on May 19, 2012 at 11:23 AM

Well said.

Solaratov on May 19, 2012 at 1:01 PM

Now the school is loaded with gang-bangers and teenage baby mommas…but at least there’s no pop machine.

annoyinglittletwerp on May 19, 2012 at 11:41 AM

Informed, healthy, choices. //

Solaratov on May 19, 2012 at 1:05 PM

novaculus on May 19, 2012 at 11:21 AM

The Box Elder HS was fined $18,000 for their violations.

LL

Lady Logician on May 19, 2012 at 1:08 PM

Paul-Cincy on May 19, 2012 at 10:46 AM

…I think it’s a med thing…must take several…some days maybe forgets 1 or 2 and it doesn’t do it’s job. Doctor T was like that.

KOOLAID2 on May 19, 2012 at 1:13 PM

I guarantee you, if schools permitted kids to be kids again, the “obesity problem” in schools would drop dramatically.

Flora Duh on May 19, 2012 at 12:07 PM

Amen sister!!!

bluealice on May 19, 2012 at 1:14 PM

The Box Elder HS was fined $18,000 for their violations.

LL

Lady Logician on May 19, 2012 at 1:08 PM

Isn’t that in Utah too. Why are they picking on Utah??? Damn nonconformists/

bluealice on May 19, 2012 at 1:16 PM

Federal regulations do not prohibit the sale of foods of minimal nutritional value elsewhere on the school grounds.

That’s interesting because according to the story, the problem was not that the school in question was selling soda in the lunch area, but that there was a soda machine in the library area that was not getting turned off during the lunch hour. According to what was posted, it seems that the school did nothing wrong.

Nanny statism sucks.

AZfederalist on May 19, 2012 at 1:22 PM

The Box Elder HS was fined $18,000 for their violations.Lady Logician on May 19, 2012 at 1:08 PM

And Davis High was fined a second time for $873.50 by the state Office of Education’s Child Nutrition Program for a May 9 incident as a result of students selling soda out of the school store during the school’s lunch period.
So I believe the answer to my own question above is …yes, the pop na.zis are out there.

lynncgb on May 19, 2012 at 2:13 PM

Don’t pay it. Tell ‘em to go pound sand.

Sefton on May 19, 2012 at 2:19 PM

Liberal logic: The problem of budget shortfalls requiring the diversion of funds from music/art/sports to more basic and essential educational areas is no different than the problem of a ridiculous fine diverting educational dollars from any educational area. Conclusion–Republicans want to hurt the children! Republicans are hypocrites!

Actual logic: Moving money from an extracurricular area of education to an essential area is sometimes necessary–because the money has to come from somewhere and because the end result still benefits the children. Taking money away from a school entirely because a school sells soda pop at the wrong time of day benefits no educational area and strips away funds most schools desperately need. Conclusion–The reason for the loss of funds and the ultimate destination of those funds are vastly different. A reasonable person can acknowledge the necessary evil of the former while condemning the folly and futility of the latter.

butterflies and puppies on May 19, 2012 at 2:32 PM

School Meals
Foods of Minimal Nutritional Value

The following is taken from Appendix B of 7 CFR Part 210.
.
.
Water Ices–As defined by 21 CFR 135.160 Food and Drug Administration Regulations except that water ices which contain fruit or fruit juices are not included in this definition.

So, I guess water is considered as having minimal nutritional value?

IrishEyes on May 19, 2012 at 5:40 PM

So, what are they going to do when the kids leave school to go to a convenience store to buy a soda there instead?

Good grief.

upinak on May 19, 2012 at 9:58 AM

Electric fence.

….

I mean, the Left swears up and down that it will never work to keep people out.

Didn’t say nothin’ about keeping people in.

Hawkins1701 on May 19, 2012 at 6:08 PM

Need to have a SLC Soda Party? Dump a bunch of cans into the lake?

fossten on May 19, 2012 at 6:52 PM

This is from the conservative Mormon rules.

So funny, the Mormons were into these bans as a part of their religion.

seven on May 19, 2012 at 7:53 PM

Stupid liberals on display.

ultracon on May 19, 2012 at 8:04 PM

Need to have a SLC Soda Party? Dump a bunch of cans into the lake?

fossten on May 19, 2012 at 6:52 PM

It certainly couldn’t do any more harm to that lake.

seven on May 19, 2012 at 7:53 PM

No this was not from the Mormons. It was a FEDERAL rule that was broken. As much as the LDS Church likes to think it runs things it does not run the federal government.

LL

Lady Logician on May 19, 2012 at 8:07 PM

The program regulations prohibit the sale of certain categories of foods of minimal nutritional value in the food service area during the breakfast and lunch periods. These categories (which include carbonated beverages and certain candies) are so designated because they do not provide at least 5 percent of the Reference Daily Intake (RDI) for any one of several key nutrients. For a complete discussion of the categories of foods of minimal nutritional value, including the criteria for making this designation, click here.

Federal regulations do not prohibit the sale of foods of minimal nutritional value elsewhere on the school grounds. However, States and local schools have the authority to do so, and many have adopted such restrictions.

Paul-Cincy on May 19, 2012 at 10:05 AM

Who was the idiot that created a standard of “5% of the Reference Daily Intake” for nutrients, then applied it to beverages? You’d be hard pressed to find any beverages that meet that standard other than fruit juices. (News flash: not all people like to drink juices.) Certainly tea and coffee would not meet that standard. That same standard would also exclude water, since it provides no nutrients whatsoever.

So, you have a student who’s big into sports and exercise, but enjoys a Coke with his lunch. If he buys the Coke before lunch, he’s okay. But if his schedule changes and he starts getting out of PE too late to get his Coke until after lunch, then the school is in violation of the law.

Yep. Makes perfect sense.

There Goes The Neighborhood on May 20, 2012 at 1:46 AM

The program is an effort to help fight childhood obesity and to have young students make better food choices.

Meanwhile, nannies everywhere decry dangerous and unfair sports like tag, dodgeball, etc. Kids are not fat because of soda, kids are fat because they can’t go outside and be kids anymore.

By the way, if you have to restrict access to something to prevent people from consuming it, you are not helping them make better food choices. You are making the choice for them.

I do not want the government tell me what I can eat, nor how I feed my kids.

englishqueen01 on May 20, 2012 at 7:26 AM