(a)
(1) As used in this section, “excess food” means any food that remains after a school has served breakfast and lunch to students during a school day.
(2) “Excess food” does not include any food that has expired, been opened, or been consumed.
(b) A public school or an open-enrollment public charter school may distribute excess food to students enrolled in the public school or open-enrollment public charter school.
(c)
(1) The method by which a public school or open-enrollment public charter school distributes excess food shall be established by the public school or open-enrollment public charter school in accordance with the United States Department of Agriculture and the United States Food and Drug Administration requirements and guidelines for the distribution of excess food and in consultation with the Department of Health guidelines.
(2) A public school or open-enrollment public charter school may develop a policy describing the process for distributing excess food under this section, saving excess food for later consumption, or donating excess food.