00 CS FOR HOUSE BILL NO. 179(FSH)
01 "An Act relating to donations of certain food items to certain food service organizations
02 and to food banks."
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
04 * Section 1. AS 16.05 is amended by adding a new section to read:
05 Sec. 16.05.931. Donation of food items to meal programs. (a)
06 Notwithstanding any other provision of this chapter, to the extent consistent with
07 federal law, a person may donate covered food items to a covered organization or a
08 food bank.
09 (b) The food items that a person may donate under (a) of this section are
10 (1) lawfully taken game, marine plants, and aquatic plants, or parts of
11 game, marine plants, or aquatic plants;
12 (2) lawfully taken nests or eggs of fish or game; and
13 (3) fish or parts of a fish, if taken lawfully for subsistence or sport use.
14 (c) A covered organization that may accept covered food items under this
01 section is
02 (1) a public, nonprofit, or private school or child care facility,
03 including a preschool facility and a head start facility;
04 (2) a public or nonprofit residential child care facility or residential
05 psychiatric treatment center licensed under AS 47.32;
06 (3) a public or nonprofit hospital, medical clinic, long-term health care
07 facility, or other medical facility;
08 (4) a senior center facility or a food program for senior individuals.
09 (d) A covered organization may provide meals with the covered food items to
10 the covered organization's staff and
11 (1) the students attending the covered organization, if the covered
12 organization is a public, nonprofit, or private school, including a preschool facility and
13 a head start facility;
14 (2) the patients of the covered organization, if the covered organization
15 is a public or nonprofit hospital, medical clinic, long-term health care facility, or
16 residential psychiatric treatment center;
17 (3) the children whom the covered organization provides care for, if
18 the covered organization if the covered organization is a public, nonprofit, or private
19 child care facility, or residential child care facility;
20 (4) the senior individuals using the services of the covered
21 organization, if the covered organization is a senior center or a senior food program.
22 (e) Notwithstanding any other provision of law, a covered organization may
23 accept state and federal funding for a meal service program of the covered
24 organization and may charge fees for meals that it provides to its users and staff.
25 However, a covered organization may not sell its meals to persons other than its users
26 and staff.
27 (f) In this section,
28 (1 ) "covered food item" means a food item identified in (b) of this
30 (2) "covered organization" means a facility identified in (c) of this
01 (3) "food bank" has the meaning given in AS 17.20.347;
02 (4) "head start facility" means a facility operating as a head start
03 facility under AS 14.38.010;
04 (5) "meal" means a meal provided for immediate consumption using
05 covered food items;
06 (6) "meal service program" means a program under which a covered
07 organization provides meals to its users and its staff under this section;
08 (7) "residential child care facility" has the meaning given in
09 AS 47.32.900;
10 (8) "residential psychiatric treatment center" has the meaning given in
11 AS 47.32.900;
12 (9) "senior center facility" means a facility that provides senior
13 individuals with services and activities;
14 (10) "senior food program" means a program that provides senior
15 individuals with food;
16 (11) "senior individual" means an individual who is 60 years of age or
18 (12) "users" means the individuals identified in (d) of this section.
19 * Sec. 2. AS 17.20.345(a) is amended to read:
20 (a) Notwithstanding the provisions of AS 17.20.290, 17.20.305, or 17.20.315,
21 a donor of food for free distribution by a food bank or a donor of covered food items
22 under AS 16.05.931 is not subject to civil or criminal liability arising from an injury
23 or death attributable to the condition of the donated food or covered food item if the
24 injury or death is not a result of the gross negligence, recklessness, or intentional
25 misconduct of the donor.
26 * Sec. 3. AS 17.20.346(a) is amended to read:
27 (a) Notwithstanding the provisions of AS 17.20.290, 17.20.305, or 17.20.315,
28 a food bank that receives and distributes food, including a covered food item under
29 AS 16.05.931, and a covered organization are [IS] not subject to civil or criminal
30 liability arising from an injury or death attributable to the condition of the food or
31 covered food item if
01 (1) the food bank or covered organization inspects the food received
02 in a reasonable manner, [AND] finds it to be apparently fit for human consumption at
03 the time of distribution, and, if the food is a covered food item, processes the
04 covered food item as required by the Department of Environmental
06 (2) the food bank or covered organization has no actual or
07 constructive knowledge at the time the food or covered food item is distributed that it
08 is adulterated, tainted, contaminated, or would be harmful to the health or well-being
09 of an individual consuming it; and
10 (3) the injury or death is not a direct result of the negligence,
11 recklessness, or intentional misconduct of the food bank or the covered organization.
12 * Sec. 4. AS 17.20.346 is amended by adding a new subsection to read:
13 (c) In this section, "covered organization" means a covered organization that
14 provides meals under AS 16.05.931. In this subsection, "covered organization" and
15 "meal" have the meanings given in AS 16.05.931.
16 * Sec. 5. AS 17.20.347 is amended by adding a new paragraph to read:
17 (3) "covered food item" has the meaning given in AS 16.05.931.