Section 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 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; or
        (2) the food, if offered for sale commercially, would not be readily marketable because of appearance or grade, or because it is surplus.
   (c) A person who donates to a food bank 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.

Authorities

17.20.347

Notes

Recent Bills that will modify this

HB 179 FOOD PROGRAM DONATIONS; FISH AND GAME

Implemented As

18 AAC 31.200

References

AS 17.20.347 "Donor" and "food bank" defined.

History

(Sec. 1 ch 75 SLA 1984; am Sec. 1 ch 16 SLA 1995; am Sec. 22 ch 72 SLA 1998; am Sec. 8, 9 ch 151 SLA 2004)