The USDA's ban on sodas not just in vending machines. In 1983 the National Soft Drink Association challeged the USDA's partial ban on sodas in vending machines. Thats where/when they came up with the brilliant idea to not sell sodas during lunch serving periods only.
As was noted earlier the schools who are on the NSLP program are the only one affected by the rules. Of course they get huge sums of tax dollars for feeding the kids too.
The feds increasing control in our live didn't start with this president and likely will not stop with the next one. I'm afraid it's going to take a major depression or sojme world changing event for that trent to reverse.
USDA rules prior to Obama only required that competitive foods that didn't meet the nutritional standards could not be available in food service areas during lunch. They could still be available in other areas of the school. The non compliant machine in Utah was in the bookstore. But above and beyond that, any increase in federal control needs to be a reason for concern. The fact that tax dollars are being used to buy compliance to federal wishes ought to worry people.
No sir, the ban has not been limited to just the serving areas but includes the entire school during the serving period.
http://www.nassp.org/portals/0/content/46807.pdf
As a result (of the 1983 lawsuit), although current USDA regulations prohibit the sale of foods of minimal nutritional value in the cafeteria or other food service areas during the school lunch period, there are no specific prohibitions on the sale of such foods within the school as long as it takes place outside of traditional lunch times
and food service areas.
http://www.nhpf.org/library/issue-briefs/IB835_CompetitiveFoods_12-11-09.pdf
As of December 11, 2009
Federal Standard For Competitive Foods
Current federal rules place few limits on the sale of competitive
foods in schools. Existing Usda regulations prohibit the sale of specific “foods of minimal nutritional value” (see text box, next page)
in the food service area during mealtimes. such foods include soda,
water ices not made with real fruit or juice, chewing gum, and certain candies. Consistent with this ban, these restricted foods are not
often found in school food service lines during mealtimes, but they
may be available through vending machines in or near the cafeteria.
Federal policy on competitive foods has changed numerous times
since 1970, when Congress first directed Usda to define and regulate competitive foods (primarily in response to concerns about tooth
decay).
18
Early regulations effectively banned from the cafeteria during mealtimes all foods not offered as part of the meal or as an à la
carte choice. subsequent pressure from food and beverage industries
regarding these restrictions led Congress to strip Usda of regulatory
authority over competitive foods in 1972. Congress reversed itself again in 1977 and restored
regulatory authority to Usda, and regulations
implementing this restored authority were issued in 1980 after a contentious rule-making
process. these regulations prohibited the sale
of foods of minimal nutritional value anywhere
on school grounds until the end of the last lunch
period. the National soft drink association and
others challenged this restriction in court.
the
district of Columbia Federal Court of appeals
struck the rule down in 1983, finding that Usda
had overstepped its authority in regulating the
sale of foods outside the food service area and
outside of mealtimes. In response to the court
ruling, Usda established the existing regulatory framework, which essentially reflects the
status of restrictions first imposed in 1970.
Congress has continued to grapple with the
appropriate regulatory role of Usda with respect to competitive foods. despite the lull in
legislative action, Congressional debate on the
issue has not abated over the last 20 years. In
the 111th Congress, bills have been introduced
in both the House and senate (s. 934 and H.R. 1324) to increase federal restrictions on competitive foods. these identical bills charge
Usda with identifying science-based standards for all food and
beverages available in schools at any time during the school day and
promulgating regulations to implement these standards. the bills
do not specify penalties for schools that fail to adhere to the federal
standards to be promulgated by Usda.