(a) As used in this section:
(1) “Commodities” means commodities under § 19-11-203; and
(2) “Not-for-profit organization” means a private corporation under § 4-28-201 et seq. that:
(A) Has a benevolent, philanthropic, patriotic, or charitable purpose; and
(B) Performs a function that would be performed at the public expense if it were not performed by the organization.
(b) Before a state, county, or municipal government entity offers surplus commodities for sale to the public, the state, county, or municipal government entity:
(1) Shall consider offers by not-for-profit organizations for the surplus commodities made by not-for-profit organizations; and
(2) May accept a reasonable bid or offer for the surplus commodities from a not-for-profit organization.