(a) Notwithstanding any other provision of law, a good-faith donor of any canned or perishable food or farm product, apparently fit for human consumption, who donates to a person for consumption, or to a bona fide charitable or nonprofit organization for free distribution, shall not be subject to criminal penalty or civil damages arising from the condition of the food, if the donor reasonably inspects the food at the time of donation and finds the food apparently fit for human consumption and unless the donor has actual or constructive knowledge that the food is adulterated, tainted, contaminated, or harmful to the health or well-being of the person consuming the food.

(b) This section includes the good-faith donation of canned or perishable food or farm products not readily marketable due to appearance, freshness, grade, surplus, or other considerations, but shall not be deemed or construed to restrict the authority of any lawful agency to otherwise regulate or ban the use of such food for human consumption. (Added 1983, No. 209 (Adj. Sess.).)