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CSHB 179(FSH): "An Act relating to donations of certain food items to certain food service organizations and to food banks."

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                                   
29       section;                                                                                                          
30                 (2)  "covered organization" means a facility identified in (c) of this                                  
31       section;                                                                                                          
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                                 
17       older;                                                                                                            
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                                              
05       Conservation;                                                                                                 
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.