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§ 5-634. Donated food

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: July 1, 2018

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 5. Limitations, Prohibited Actions, and Immunities (Refs & Annos)
Subtitle 6. Immunities and Prohibited Actions--Health and Public Safety (Refs & Annos)
Effective: July 1, 2018
MD Code, Courts and Judicial Proceedings, § 5-634
§ 5-634. Donated food
Person defined in Health-General Article
(a) In this section, “person” has the meaning stated in § 21-322 of the Health--General Article.
Donation, preparation, service, or sale of food
(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.
Use or distribution by nonprofit corporation, organization, or association
(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.

Credits

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.
MD Code, Courts and Judicial Proceedings, § 5-634, MD CTS & JUD PRO § 5-634
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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