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Fast food non-competition clause in public school?

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What is the name of your state? I'm in Kentucky.

This is not a huge legal case by any means, but yesterday I brought my daughter's lunch to her elementary school in a large bag with the name "Panera" on it - the restaurant. (I eat with her class each day). The bag contained food from home. Other days I've used plastic grocery store bags, etc., but I had run out. Her teacher told me I was not allowed to bring "fast food" to school; I said that it wasn't, etc. Then today she told me that some large number of teachers had talked to her about it. I said that I had a right to carry food in any bag (I'm not really fighting with her, and she's telling me this to some degree rolling her eyes). I know there is a non-competition statute, but I can't find it. I have found 158.850, but it just addresses the school itself selling foods in competition with school lunch. For what it's worth, can anyone tell me about the law here - is it federal, statewide, county-wide, etc.? Is there (just so that I know for sure) any reason why I wouldn't be able to carry a bag with the name of a restaurant? {And I mean, what if I put a Starbucks cookie in along with her turkey sandwich and banana, etc.?} And I'm also curious if it ties into a health component or if it's purely financial (i.e. just fast food ...).What is the name of your state?
 


HomeGuru

Senior Member
What is the name of your state? I'm in Kentucky.

This is not a huge legal case by any means, but yesterday I brought my daughter's lunch to her elementary school in a large bag with the name "Panera" on it - the restaurant. (I eat with her class each day). The bag contained food from home. Other days I've used plastic grocery store bags, etc., but I had run out. Her teacher told me I was not allowed to bring "fast food" to school; I said that it wasn't, etc. Then today she told me that some large number of teachers had talked to her about it. I said that I had a right to carry food in any bag (I'm not really fighting with her, and she's telling me this to some degree rolling her eyes). I know there is a non-competition statute, but I can't find it. I have found 158.850, but it just addresses the school itself selling foods in competition with school lunch. For what it's worth, can anyone tell me about the law here - is it federal, statewide, county-wide, etc.? Is there (just so that I know for sure) any reason why I wouldn't be able to carry a bag with the name of a restaurant? {And I mean, what if I put a Starbucks cookie in along with her turkey sandwich and banana, etc.?} And I'm also curious if it ties into a health component or if it's purely financial (i.e. just fast food ...).What is the name of your state?
**A: talk to the school principal. Tomorrow go to school with lunch in a Hooter's bag.
Next week Home Depot. How about taking a bag and write in big red letters using a Magic Marker "NOT FAST FOOD" and stick on a Ronald McDonald face.
 
Yep, I went to the principal and he apologized profusely (after, ahem, I reviewed state code, etc.).

I'm collecting bags from around town - IHOP, Applebee's, White Castle, etc.

Liquor Barn might be pushing my luck, but there are days ...
 

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