Alaska Statutes: AS 17.20.345. Liability of Food Donor.

Alaska Statutes. Title 17. Food and Drugs Chapter 20. Alaska Food, Drug, and Cosmetic Act Section 345. Liability of Food Donor.

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AS 17.20.345. Liability of Food Donor.

   (a) Notwithstanding the provisions of AS 17.20.290 , 17.20.305, or 17.20.315, a donor of food for free distribution by a food bank or charitable organization is not subject to civil or criminal liability arising from an injury or death attributable to the condition of the donated food if the injury or death is not a result of the gross negligence, recklessness, or intentional misconduct of the donor.
   (b) Nothing in this section, AS 17.20.290 , 17.20.305, 17.20.315, or AS 45.50.471 - 45.50.561 prohibits the donation by a donor of food apparently fit for human consumption at the time of its donation solely because
        (1) the label on the food is missing or the food is otherwise misbranded; this paragraph does not apply to the label required under (d)(2) of this section;
        (2) the food, if offered for sale commercially, would not be readily marketable because of appearance or grade, or because it is surplus; or
        (3) a date on the food indicating when the food is best eaten by or used by has expired.
   (c) A person who donates to a food bank or charitable organization salmon from a hatchery that operates under a permit issued under AS 16.10.400 - 16.10.470 is immune from liability as provided in this section if the salmon is apparently fit for human consumption at the time of its donation, even if the hatchery does not have a permit issued by the Department of Environmental Conservation under this chapter or other statute to process fisheries products for human consumption.
   (d) A donor of unsold hot food to a food bank or charitable organization is immune from liability as provided in this section if
        (1) at the time the food is donated, the food is apparently fit for human consumption;
        (2) the donor labels the food with a statement that reads “This food has been previously heated. Best if kept frozen until ready to eat.”

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