(a) Notwithstanding the provisions of AS 17.20.290, 17.20.305, or 17.20.315, a food bank or charitable organization 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 if
(1) the food bank or charitable organization 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 or charitable organization 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 bank or charitable organization.
(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 or charitable organization 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;
(2) the food, if sold commercially, would not be readily marketable because of appearance or grade, or because it is surplus; or
(3) a date on the food indicating when the food is best eaten by or used by has expired.
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