I want to be very clear that my point was a practical one, e.g. that if one fails to declare food, even if it is not restricted in any way, that there are not likely to be significant consequences. But, this is not something to play around with, particularly for individuals who have had other immigration or customs issues in the past,
1. Making a false declaration is a felony.
2. Making a false declaration may result in administrative or civil penalties of as much as $11,000.
3. Addition to various watch lists which may complicate ESTA and visa issuance for non-USN's.
4. Make future entry a lengthy and frustrating process.
5. Revocation of GE (or other TTP) or inability to obtain down the road.
These are in reverse order of likelihood. E.g., federal prison is extremely unlikely. Losing GE is very likely.