Miller wants to see a state policy banning deep fat fryers and soda machines from schools repealed.

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Miller also wants schools to be allowed more days (six instead of one per week) to sell cupcakes and other high-fat, high-sugar foods during the school day.

To make his point about local control, Millers's first official act as commissioner was to grant "full amnesty to  cupcakes."

“This is not about force-feeding cupcakes to our children,”Miller said. “It is about local control.”

Miller’s critics say the restrictions on fatty, sugar-laden foods came in response to an increase in child obesity in Texas, and repealing them is a step backward.

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