The State Department of Health is authorized to allow restaurants and food establishments which have a current permit issued by the department to dispose of food that has been frozen or properly preserved for human consumption through donation to charitable facilities, charitable organizations and/or individuals providing charitable services. The executive director of the charitable facility or organization receiving such food, or his authorized designee, shall agree to a waiver of liability in favor of the restaurant or food establishment stating that such donations are being provided in the condition used by the restaurant or food establishment, and without warranty of any nature.