§ 5-404. Actions against farmers permitting gleaning

   (a) Definitions. --

   (1) In this section the following words have the meanings indicated.

   (2) "Agent of a charitable organization" means a person who:

      (i) Is or was a director, officer, or employee of a charitable organization; or

      (ii) On a volunteer basis, is or was providing services or performing duties on behalf of a charitable organization.

   (3) "Charitable organization" means an organization, institution, association, society, or corporation that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code.

   (4) "Farmer" means a person, including a corporation, who engages in an activity conducted solely or primarily for the production of a farm product.

   (5) "Farm product" has the meaning stated in § 10-601 of the Agriculture Article.

   (6) "Glean" means:

      (i) To harvest or collect farm products from the fields of a farmer who grants access to the fields without charging a fee; and

      (ii) To distribute the farm products to needy individuals, including unemployed and low-income individuals.

(b) In general. -- Except as provided in subsection (c) of this section, a farmer is not personally liable for damages in a civil action brought against the farmer for injury to a person or property by a charitable organization or an agent of a charitable organization that the farmer permitted to glean on the farmer's property.

(c) Scope of section. -- This section does not limit any liability that otherwise exists for willful or malicious failure to guard or warn against any dangerous condition, use, structure, or activity.

HISTORY: 1988, ch. 663; 1990, ch. 6, § 2; 1997, ch. 14, § 9; 2002, ch. 19, § 10.