Public Act 0684 104TH GENERAL ASSEMBLY
 

 
Public Act 104-0684
 
HB4859 EnrolledLRB104 17053 LNS 30468 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The School Code is amended by by changing 
Section 2-3.189 as follows:
 
    (105 ILCS 5/2-3.189)
    Sec. 2-3.189. School unused food sharing plan.
    (a) School districts shall incorporate a food sharing plan 
for unused food into their local wellness policy under Section 
2-3.139. The food sharing plan shall focus on needy students, 
with the plan being developed and supported jointly by the 
district's local health department. Participants in the child 
nutrition programs, the National School Lunch Program and 
National School Breakfast Program, the Child and Adult Care 
Food Program (CACFP), and the Summer Food Service Program 
(SFSP) shall adhere to the provisions of the Richard B. 
Russell National School Lunch Act, as well as accompanying 
guidance from the U.S. Department of Agriculture on the Food 
Donation Program, to ensure that any leftover food items are 
properly donated in order to combat potential food insecurity 
in their communities. For the purpose of this Section, 
"properly" means in accordance with all federal regulations 
and State and local health and sanitation codes.
    (b) As used in this subsection (b):
    "Child nutrition program" means a federally reimbursable 
meal program administered by the United States Department of 
Agriculture, including, but not limited to, the National 
School Lunch Program, the School Breakfast Program, and the 
Summer Food Service Program. 
    "Share table" means a designated table, cart, bin, or 
similar area within a school's food service area where a 
student may place whole, unopened food or beverage items the 
student chooses not to consume for another student to take at 
no cost.
    A school district may comply with subsection (a) by 
implementing a share table. The school district may develop 
and follow a policy on standard operating procedures for share 
tables. This policy may reference the State Board of 
Education's School Nutrition Programs Administrative Handbook 
or the United States Department of Agriculture's Guidance on 
the Food Donation Program in Child Nutrition Programs for 
share table operations.
(Source: P.A. 102-359, eff. 8-13-21; 102-813, eff. 5-13-22.)
 
    Section 99. Effective date. This Act takes effect August 
1, 2027.