As the lame duck Congress quacks its way to a noisy, petulant death, one of the bills that it is considering before the Democrats lose control of the House is child nutrition legislation.

CHICAGO - NOVEMBER 09: Bimbo donut products are offered for sale at the Cermak Fresh Market grocery store in the Little Village neighborhood on November 9, 2010 in Chicago, Illinois. Today it was announced that Groupo Bimbo would purchase Sara Lee's North American Fresh Bakery business for $959 million. (Photo by Scott Olson/Getty Images)

Under the legislation, which passed the House last week, ALL food sold in schools during regular school hours, whether in vending machines, in cafeterias, or at fundraisers, would be required to meet Agriculture Department guidelines. As we all know, Michelle Obama’s signature public policy arena is to reduce childhood obesity, and she is one of the advocates for the language and has been joined by various public interest groups.

A spokesperson for the Center for Science in the Public Interest, Margo Wootan, says that selling baked goods or junk food at fundraisers can easily be substituted by non-food events. She makes an interesting argument: parents don’t want their kids’ lunch money spent on junk food. Therefore, eliminating junk food as an option in reality is increasing parental choice. This is like saying that I think that we should buy as many products as possible that are made in America. Therefore, let’s eliminate all foreign-made goods from the stores. This is just a matter of increasing consumer choice.

Like most legislation, this bill is written broadly. In order to make passage more likely, Tom Vilsack, Secretary of Agriculture, submitted a letter to Congress that during the Obama Administration he does not intend to ban bake sales. Another problem with the wording of the bill is that it distinguishes frequent food sales from infrequent without wasting their time defining frequent. So if this becomes a law, every administration would get to determine which level of frequency is deemed necessary for federal action.