§ 5-634. Donated food  


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  •    (a) "Person" defined. -- In this section, "person" has the meaning stated in § 21-322 of the Health - General Article.

    (b) Persons whose liability not limited. -- 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) Limitation on liability. -- 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.


HISTORY: 1990, ch. 546, § 3; 1997, ch. 14, § 9; 2002, ch. 19, § 10.