(a) General rule.--Notwithstanding any other provision of law, any person who, in good faith, donates food to a charitable or religious organization for ultimate free distribution to needy individuals, shall not be subject to criminal or civil liability arising from the condition of such food, if the donor reasonably inspects the food at the time of donation and finds the food fit for human consumption. The immunity provided by this subsection shall not extend to donors where damages result from the negligence, recklessness or intentional misconduct of the donor, or if the donor has, or should have had, actual or constructive knowledge that the food is tainted, contaminated or harmful to the health or well-being of the ultimate recipient.

(b) Condition of food.--The immunity provided by this section is applicable to the good faith donation of food not readily marketable due to considerations not affecting¹ its fitness for human consumption including but not limited to appearance, freshness, grade or surplus, but shall not be deemed or construed to restrict the authority of any authorized agency to otherwise regulate or ban the use of such food for human consumption.