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- Alaska Statutes.
- Title 17. Food and Drugs
- Chapter 20. Alaska Food, Drug, and Cosmetic Act
- Section 345. Liability of Food Donor.
previous: Section 340
. Scope of Provisions Dealing With Sale.
next: Section 346
. Liability of Food Bank.
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 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.
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