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- Alaska Statutes.
- Title 17. Food and Drugs
- Chapter 20. Alaska Food, Drug, and Cosmetic Act
- Section 346. Liability of Food Bank.
previous: Section 345
. Liability of Food Donor.
next: Section 347
. "Donor" and "Food Bank" Defined.
AS 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
- (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
- (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
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