Ch. 546 LAWS OF MARYLAND

SUBSTANCE AS OF THE TIME THE ACTION WAS TAKEN AGAINST THE
SUBSTANCE.

(C) THE RIGHT OF ACTION CREATED BY § 21-254 OF THE HEALTH -
GENERAL ARTICLE LIES ONLY AGAINST THE SECRETARY OF HEALTH
AND MENTAL HYGIENE IN THE SECRETARY'S OFFICIAL CAPACITY, AND
THE SECRETARY SHALL HAVE NO PERSONAL LIABILITY FOR THE
PAYMENT OF ANY JUDGMENT THAT IS ENTERED IN ANY ACTION
BROUGHT UNDER § 21-254 OF THE HEALTH - GENERAL ARTICLE.

(D) UNDER § 21-254 OF THE HEALTH - GENERAL ARTICLE, THE
STATE WAIVES ITS SOVEREIGN IMMUNITY TO THE EXTENT OF THE
RIGHT OF ACTION THAT IS EXPRESSLY CREATED, BUT IN NO FURTHER
OR OTHER RESPECT.

(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.

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