00 CS FOR SENATE BILL NO. 68(HES) am                                                                                       
01 "An Act relating to the donation to a food bank of hatchery salmon, to the                                              
02 donation of food by meat processors, seafood processors, manufacturers, packers,                                        
03 processors, bottlers, and similar entities, and to who qualifies as a food bank."                                       
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
05    * Section 1.   AS 17.20.345 is amended by adding a new subsection to read:                                           
06  (c)  A person who donates to a food bank salmon from a hatchery that operates                                         
07 under a permit issued under AS 16.10.400 - 16.10.470 is immune from liability as                                        
08 provided in this section if the salmon is apparently fit for human consumption at the                                   
09 time of its donation, even if the hatchery does not have a permit issued by the                                         
10 Department of Environmental Conservation under this chapter, AS 03.05, or other                                         
11 statute to process fisheries products for human consumption.                                                            
12    * Sec. 2.  AS 17.20.347 is amended to read:                                                                          
13  Sec. 17.20.347.  "DONOR'' AND "FOOD BANK'' DEFINED.  In                                                               
14 AS 17.20.345 and 17.20.346                                                                                              
01   (1)  "donor"                                                                                                         
02   [(A)]  includes a person, farmer, retailer, slaughterhouse under                                                    
03 state supervision, freight company, distributor, wholesaler, meat processor,                                           
04 seafood processor, or similar entity, and [;                                                                         
05   (B)  EXCLUDES] a person who acts in a commercial capacity                                                           
06 as a manufacturer, packer, processor, bottler, or similar entity, even if that                                        
07 activity is the person's primary activity;                                                                              
08   (2)  "food bank" means a nonprofit [AN] organization [RECOGNIZED                                                   
09 BY THE STATE OR FEDERAL GOVERNMENT AS A NONPROFIT                                                                       
10 ORGANIZATION AND] that operates principally to collect, inspect, and salvage                                            
11 donated food for free distribution either to needy persons or to nonprofit                                           
12 organizations for free distribution to needy persons; in this paragraph, "nonprofit                                     
13 organization" means an organization recognized by the state or federal                                                  
14 government as a nonprofit organization.