Section 17.20.346. Liability of food bank.

   (a) Notwithstanding the provisions of AS 17.20.290, 17.20.305, or 17.20.315, a food bank that receives and distributes food is not subject to civil or criminal liability arising from an injury or death attributable to the condition of the food if
        (1) the food bank inspects the food received in a reasonable manner and finds it to be apparently fit for human consumption at the time of distribution;
        (2) the food bank has no actual or constructive knowledge at the time the food is distributed that it is adulterated, tainted, contaminated, or would be harmful to the health or well-being of an individual consuming it; and
        (3) the injury or death is not a direct result of the negligence, recklessness, or intentional misconduct of the food bank.
   (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 distribution by a food bank of food apparently fit for human consumption at the time of its distribution solely because
        (1) the label on the food is missing or the food is otherwise misbranded; or
        (2) the food, if sold commercially, would not be readily marketable because of appearance or grade, or because it is surplus.

Notes

Recent Bills that will modify this

HB 179 FOOD PROGRAM DONATIONS; FISH AND GAME

Implemented As

18 AAC 31.200
18 AAC 31.990

History

(Sec. 1 ch 75 SLA 1984; am Sec. 23 ch 72 SLA 1998; am Sec. 10 ch 151 SLA 2004)