Md. Code Ann., Cts. & Jud. Proc. § 5-634
Donated food
Effective Jul 1, 2024Added as Courts and Judicial Proceedings § 5-377 by Acts 1990, c. 546, § 3. Renumbered as Courts and Judicial Proceedings § 5-634 by Acts 1997, c. 14, § 9, eff. April 8, 1997. Amended by Acts 2018, c. 172, § 1, eff. July 1, 2018; Act 2018, c. 173, § 1, eff. July 1,2018; Acts 2024, c. 769, § 1, eff. July 1, 2024; Acts 2024, c. 770, § 1, eff. July 1, 2024.State of Maryland
- (a) In this section, “person” has the meaning stated in § 21-322 of the Health--General Article.
(b) The limitation on liability provided for in subsection (c) of this section does not apply to any person who:
- (1) Donates food to a nonprofit corporation, organization, or association that sells or offers for sale any donated food;
- (2) Prepares donated food for use or distribution by a nonprofit corporation, organization, or association that sells or offers for sale any donated food; or
- (3) Serves donated food distributed by a nonprofit corporation, organization, or association that sells or offers for sale any donated food.
(c) Unless the act or omission amounts to gross negligence or willful and wanton misconduct, a person is not civilly liable for any act or omission that affects the nature, age, condition, or packaging of the donated food if the person in good faith:
- (1) Donates food for use or distribution by a nonprofit corporation, organization, or association;
- (2) Prepares donated food for use or distribution by a nonprofit corporation, organization, or association;
- (3) Serves donated food distributed by a nonprofit corporation, organization, or association; or
- (4) Dispenses donated food distributed by a nonprofit corporation, organization, or association.
Added as Courts and Judicial Proceedings § 5-377 by Acts 1990, c. 546, § 3. Renumbered as Courts and Judicial Proceedings § 5-634 by Acts 1997, c. 14, § 9, eff. April 8, 1997. Amended by Acts 2018, c. 172, § 1, eff. July 1, 2018; Act 2018, c. 173, § 1, eff. July 1,2018; Acts 2024, c. 769, § 1, eff. July 1, 2024; Acts 2024, c. 770, § 1, eff. July 1, 2024.