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Illinois General Assembly· HB 4859Governor Approved

SCH CD-UNUSED FOOD SHARING, the official text

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HB4859 Enrolled                      LRB104 17053 LNS 30468 b

1  AN ACT concerning education.

2  Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4  Section 5. The School Code is amended by by changing

5 Section 2-3.189 as follows:

6  (105 ILCS 5/2-3.189)

7  Sec. 2-3.189. School unused food sharing plan.

8  (a) School districts shall incorporate a food sharing plan

9 for unused food into their local wellness policy under Section

10 2-3.139. The food sharing plan shall focus on needy students,

11 with the plan being developed and supported jointly by the

12 district's local health department. Participants in the child

13 nutrition programs, the National School Lunch Program and

14 National School Breakfast Program, the Child and Adult Care

15 Food Program (CACFP), and the Summer Food Service Program

16 (SFSP) shall adhere to the provisions of the Richard B.

17 Russell National School Lunch Act, as well as accompanying

18 guidance from the U.S. Department of Agriculture on the Food

19 Donation Program, to ensure that any leftover food items are

20 properly donated in order to combat potential food insecurity

21 in their communities. For the purpose of this Section,

22 "properly" means in accordance with all federal regulations

23 and State and local health and sanitation codes.
    HB4859 Enrolled             -2-  LRB104 17053 LNS 30468 b

1   (b) As used in this subsection (b):

2   "Child nutrition program" means a federally reimbursable

3 meal program administered by the United States Department of

4 Agriculture, including, but not limited to, the National

5 School Lunch Program, the School Breakfast Program, and the

6 Summer Food Service Program.

7   "Share table" means a designated table, cart, bin, or

8 similar area within a school's food service area where a

9 student may place whole, unopened food or beverage items the

10 student chooses not to consume for another student to take at

11 no cost.

12  A school district may comply with subsection (a) by

13 implementing a share table. The school district may develop

14 and follow a policy on standard operating procedures for share

15 tables. This policy may reference the State Board of

16 Education's School Nutrition Programs Administrative Handbook

17 or the United States Department of Agriculture's Guidance on

18 the Food Donation Program in Child Nutrition Programs for

19 share table operations.

20 (Source: P.A. 102-359, eff. 8-13-21; 102-813, eff. 5-13-22.)

21  Section 99. Effective date. This Act takes effect August

22 1, 2027.
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