Virginia Code Title 22.1. Education § 22.1-207.3:1. Distribution of excess food

A. As used in this section, “excess food” means any remaining unexpired, unopened, and unconsumed food intended to be served as part of a reimbursable meal that was unable to be utilized for a current or future meal provision after a school has served breakfast and lunch to students during a school day.

B. Each school board may distribute excess food to enrolled students eligible for the School Breakfast Program or National School Lunch Program administered by the U.S. Department of Agriculture who the school board determines are eligible to receive excess food.

C. The method by which a school board distributes excess food shall be established by the school board in accordance with the U.S. Department of Agriculture and the U.S. Food and Drug Administration requirements and guidelines for the distribution of excess food.

D. A school board may develop a policy describing the process for distributing excess food under this section, saving excess food for later consumption, or donating excess food.