(a) General rule.--Notwithstanding any other provision of law, except as provided in subsection (b), any bona fide charitable or religious organization which receives, in good faith, donated food for ultimate distribution to needy individuals, either for free or for a nominal fee, shall not be subject to criminal or civil liability arising from the condition of such food, if the charitable or religious organization does all of the following:

(b) Exception.--The immunity provided by this section shall not extend to charitable or religious organizations where damages result from the negligence, recklessness, or intentional misconduct of the charitable or religious organization, or if the charitable or religious organization 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.