The letter to which they refer, linked here, reads in part”

…USDA would use this authority to propose nutrition standards through the regulatory process, which will allow for public comment by school administrators and all other interested parties. However, USDA agrees with and will respect the intent of Congress to permit exemptions for school-approved fundraisers – including bake sales or other occasional or infrequent fundraisers.

How generous of the USDA. The letter assures, “[A]gain, USDA has no intention of going further than the Congressional directive on this issue…” Would the USDA have the constitutional authority to go “further than the Congressional directive…”?

But if one takes a quick perusal on the USDA website, the emphasis on state flexibility is not so clear.

For example:

Starting in school year 2014-15, all foods sold at school during the school day will need to meet nutrition standards. The Smart Snacks in School regulation applies to foods sold a la carte, in the school store, and vending machines.

In a video posted by the USDA, the narrator explains:

Right now there are healthy guidelines for school lunches but come school year 2014, food sold a la carte and in vending machines will have to be healthy, as required by the ‘Healthy Hunger Free Kids Act.’

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Watch the video here: