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30th Legislature(2017-2018)

Bill Text 30th Legislature


00 Enrolled HB 186                                                                                                         
01 Relating to the donation of food; and relating to food banks.                                                           
02                           _______________                                                                               
03    * Section 1. AS 17.20.345 is amended to read:                                                                        
04 Sec. 17.20.345. Liability of food donor. (a) Notwithstanding the provisions of                                          
05 AS 17.20.290, 17.20.305, or 17.20.315, a donor of food for free distribution by a food                                  
06 bank or charitable organization is not subject to civil or criminal liability arising                                 
07 from an injury or death attributable to the condition of the donated food if the injury or                              
08 death is not a result of the gross negligence, recklessness, or intentional misconduct of                               
09       the donor.                                                                                                        
10            (b)  Nothing in this section, AS 17.20.290, 17.20.305, 17.20.315, or                                         
11       AS 45.50.471 - 45.50.561 prohibits the donation by a donor of food apparently fit for                             
12       human consumption at the time of its donation solely because                                                      
13                 (1)  the label on the food is missing or the food is otherwise                                          
14       misbranded; this paragraph does not apply to the label required under (d)(2) of                                 
15       this section; [OR]                                                                                              
01 (2)  the food, if offered for sale commercially, would not be readily                                                   
02       marketable because of appearance or grade, or because it is surplus; or                                         
03 (3)  a date on the food indicating when the food is best eaten by or                                                  
04       used by has expired.                                                                                            
05 (c)  A person who donates to a food bank or charitable organization salmon                                            
06 from a hatchery that operates under a permit issued under AS 16.10.400 - 16.10.470 is                                   
07 immune from liability as provided in this section if the salmon is apparently fit for                                   
08 human consumption at the time of its donation, even if the hatchery does not have a                                     
09 permit issued by the Department of Environmental Conservation under this chapter or                                     
10       other statute to process fisheries products for human consumption.                                                
11    * Sec. 2. AS 17.20.345 is amended by adding a new subsection to read:                                                
12 (d)  A donor of unsold hot food to a food bank or charitable organization is                                            
13       immune from liability as provided in this section if                                                              
14 (1)  at the time the food is donated, the food is apparently fit for human                                              
15       consumption;                                                                                                      
16 (2)  the donor labels the food with a statement that reads "This food has                                               
17       been previously heated. Best if kept frozen until ready to eat."                                                  
18    * Sec. 3. AS 17.20.346 is amended to read:                                                                           
19 Sec. 17.20.346. Liability of food bank or charitable organization. (a)                                                
20 Notwithstanding the provisions of AS 17.20.290, 17.20.305, or 17.20.315, a food bank                                    
21 or charitable organization that receives and distributes food is not subject to civil or                              
22 criminal liability arising from an injury or death attributable to the condition of the                                 
23       food if                                                                                                           
24 (1)  the food bank or charitable organization inspects the food                                                       
25 received in a reasonable manner and finds it to be apparently fit for human                                             
26       consumption at the time of distribution;                                                                          
27 (2)  the food bank or charitable organization has no actual or                                                        
28 constructive knowledge at the time the food is distributed that it is adulterated, tainted,                             
29 contaminated, or would be harmful to the health or well-being of an individual                                          
30       consuming it; and                                                                                                 
31 (3)  the injury or death is not a direct result of the negligence,                                                      
01       recklessness, or intentional misconduct of the food bank or charitable organization.                            
02 (b)  Nothing in this section, AS 17.20.290, 17.20.305, 17.20.315, or                                                    
03 AS 45.50.471 - 45.50.561 prohibits the distribution by a food bank or charitable                                      
04 organization of food apparently fit for human consumption at the time of its                                          
05       distribution solely because                                                                                       
06                 (1)  the label on the food is missing or the food is otherwise                                          
07       misbranded; [OR]                                                                                                  
08                 (2)  the food, if sold commercially, would not be readily marketable                                    
09       because of appearance or grade, or because it is surplus; or                                                    
10 (3)  a date on the food indicating when the food is best eaten by or                                                  
11       used by has expired.                                                                                            
12    * Sec. 4. AS 17.20.347 is amended to read:                                                                           
13 Sec. 17.20.347. Definitions ["DONOR" AND "FOOD BANK" DEFINED].                                                        
14       In AS 17.20.345 - 17.20.347 [AS 17.20.345 AND 17.20.346],                                                       
15 (1)  "donor" includes a person, farmer, retailer, delicatessen,                                                       
16 restaurant, hotel, store, slaughterhouse under state supervision, freight company,                                    
17 distributor, wholesaler, meat processor, seafood processor, or similar entity, and a                                    
18 person who acts in a commercial capacity as a manufacturer, packer, processor,                                          
19       bottler, or similar entity, even if that activity is the person's primary activity;                               
20 (2)  "food bank" means a nonprofit organization that operates                                                           
21 principally to collect, inspect, and salvage donated food for free distribution either to                               
22 needy persons or to nonprofit organizations for free distribution to needy persons [; IN                                
23 THIS PARAGRAPH, "NONPROFIT ORGANIZATION" MEANS AN                                                                       
24 ORGANIZATION RECOGNIZED BY THE STATE OR FEDERAL                                                                         
25       GOVERNMENT AS A NONPROFIT ORGANIZATION].                                                                          
26    * Sec. 5. AS 17.20.347 is amended by adding new paragraphs to read:                                                  
27 (3)  "charitable organization" means a nonprofit organization that                                                      
28 provides food without charge to individuals who do not have money to pay for the                                        
29       food or who do not have homes;                                                                                    
30                 (4)  "food" includes unsold hot food;                                                                   
31 (5)  "nonprofit organization" means an organization recognized by the                                                   
01       state or federal government as a nonprofit organization.                                                          
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