Notwithstanding any other provision of law, the good faith donor of any perishable or nonperishable food, apparently fit for human consumption, to a bona fide charitable or nonprofit organization for free distribution, or a gleaner of any perishable food apparently fit for human consumption, shall not be subject to criminal penalty or civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness or intentional misconduct of the donor or gleaner.
Nothing in this section is intended to limit any liability on the part of a donee charitable or nonprofit organization accepting perishable food items.
This section includes the good faith donation of perishable or nonperishable food not readily marketable due to appearance, freshness, grade, surplus or other consideration, but does not restrict the authority of any appropriate agency to regulate or ban the use of such food for human consumption.