June 13, 2003
The Honorable Thad Cochran
113 Dirksen Senate Office Building
United States Senate
Washington, DC 20510
Dear Senator Cochran:
The undersigned groups respectfully urge your opposition to S. 1007, the so-called "Better Nutrition for School Children Act of 2003." Rather than improving nutrition, the legislation would authorize broader federal restrictions on the sale of foods outside of the school food service area and require the Department of Agriculture to conduct a rulemaking for that purpose. We anticipate that S. 1007 may be offered as an amendment during consideration of the Child Nutrition reauthorization bill.
Already, the Department of Agriculture prohibits the sale of "foods of minimal nutritional value" in the school food service area during meal service. The definition of "foods of minimal nutritional value" was developed in a rulemaking under the direction of then-Assistant Secretary Carol Tucker Foreman. Other restrictions on the sale of food are a matter of local control.
S. 1007 is intended to alter this balanced approach to federal/state/local policy regarding sale of foods on school premises. It would require USDA to complete a rulemaking within one year to redefine "foods of minimal nutritional value" and to revise the scope of federal food sale restrictions. Federal mandates often have unintended consequences. For example, schools that have found open campus policies necessary may find that such federal food sale restrictions encourage more children to leave campus. A respect for local decision-making is well grounded.
Authors of S. 1007 are reasonably concerned about the serious and complex problem of childhood obesity. However, S. 1007 would not provide better nutrition and certainly would not alleviate childhood obesity. HHS Secretary Thompson and FDA Commissioner McClellan have recently noted that while childhood obesity has soared over the past twenty years, caloric consumption among the young has not significantly changed. Rather, physical activity has declined. We believe that both nutrition education and physical activity must be addressed in solving the childhood obesity problem, and are dedicated to working with Congress to resolve this complicated issue. In lieu of federal mandates on local school decision-making regarding the sale of foods, we respectfully submit that schools would be most effective by advancing nutrition education and promoting daily physical activity. Parents and local school officials offer unique talents, skills and perspective. Their opinions should not be overridden by sweeping new federal restrictions, no matter how well intentioned.
We appreciate your consideration of our views and respectfully urge your opposition to S. 1007.
American Bakers Association
Biscuit & Cracker Manufacturers' Association
Corn Refiners Association
Grocery Manufacturers of America
National Automatic Merchandising Association
National Confectioners Association
National Soft Drink Association
Snack Food Association
Sugar Association
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