104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4859
 
Introduced , by Rep. Janet Yang Rohr
 
SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/2-3.189
    Amends the School Code. Allows a school district to comply with provisions concerning school unused food sharing plans by implementing a share table. Provides that the school district may develop and follow a policy on standard operating procedures for share tables. Effective August 1, 2027.


LRB104 17053 LNS 30468 b

 
 
A BILL FOR
 
HB4859LRB104 17053 LNS 30468 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by by changing 
5Section 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 
9for unused food into their local wellness policy under Section 
102-3.139. The food sharing plan shall focus on needy students, 
11with the plan being developed and supported jointly by the 
12district's local health department. Participants in the child 
13nutrition programs, the National School Lunch Program and 
14National School Breakfast Program, the Child and Adult Care 
15Food Program (CACFP), and the Summer Food Service Program 
16(SFSP) shall adhere to the provisions of the Richard B. 
17Russell National School Lunch Act, as well as accompanying 
18guidance from the U.S. Department of Agriculture on the Food 
19Donation Program, to ensure that any leftover food items are 
20properly donated in order to combat potential food insecurity 
21in their communities. For the purpose of this Section, 
22"properly" means in accordance with all federal regulations 
23and State and local health and sanitation codes.
 
 
HB4859- 2 -LRB104 17053 LNS 30468 b

1    (b) As used in this subsection (b):
2    "Child nutrition program" means a federally reimbursable 
3meal program administered by the United States Department of 
4Agriculture, including, but not limited to, the National 
5School Lunch Program, the School Breakfast Program, and the 
6Summer Food Service Program. 
7    "Share table" means a designated table, cart, bin, or 
8similar area within a school's food service area where a 
9student may place whole, unopened food or beverage items the 
10student chooses not to consume for another student to take at 
11no cost.
12    A school district may comply with subsection (a) by 
13implementing a share table. The school district may develop 
14and follow a policy on standard operating procedures for share 
15tables. This policy may reference the State Board of 
16Education's School Nutrition Programs Administrative Handbook 
17or the United States Department of Agriculture's Guidance on 
18the Food Donation Program in Child Nutrition Programs for 
19share 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 
221, 2027.