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§ 5-404. Farmers and gleaning

West's Annotated Code of MarylandCourts and Judicial Proceedings

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 5. Limitations, Prohibited Actions, and Immunities (Refs & Annos)
Subtitle 4. Immunities and Prohibited Actions--Businesses, Associations, and Charities (Refs & Annos)
MD Code, Courts and Judicial Proceedings, § 5-404
§ 5-404. Farmers and gleaning
(a)(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.
Actions brought by charitable organizations
(b) 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.
Willful or malicious failure to guard or warn against dangerous conditions
(c) 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.


Added as Courts and Judicial Proceedings § 5-308.1 by Acts 1988, c. 663, § 1, eff. July 1, 1988. Amended by Acts 1990, c. 6, § 2, eff. Feb. 16, 1990. Renumbered as Courts and Judicial Proceedings § 5-404 by Acts 1997, c. 14, § 9, eff. April 8, 1997.
MD Code, Courts and Judicial Proceedings, § 5-404, MD CTS & JUD PRO § 5-404
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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