Ch. 546 LAWS OF MARYLAND

[(2) This subsection does not grant any immunity for an abuser who makes
a report or participates in the investigation or proceeding.]

19-354.

[(a) Except as provided in subsection (b) of this section, a hospital or related
institution is not immune from liability for negligence or any other tort on the grounds
that the hospital or related institution is a charitable institution.

(b) A hospital or related institution that is a charitable institution and is insured
against this liability in an amount of not less than $100,000 is not liable for damages in
excess of the limits of that insurance.] A HOSPITAL OR RELATED INSTITUTION
THAT IS A CHARITABLE INSTITUTION SHALL HAVE THE IMMUNITY FROM
LIABILITY DESCRIBED UNDER TITLE 5, SUBTITLE 3 § 5-375 OF THE
COURTS AND JUDICIAL PROCEEDINGS ARTICLE.

21-254.

[(d) (1) The Secretary shall be liable under this section only if the owner can
prove by a preponderance of evidence that, at the time of the action taken against the
substance, the substance did not pose an immediate threat.

(2) Any liability under this section shall be limited to the market value of
the substance as of the time the action was taken against the substance.

(e) The right of action created by this section lies only against the Secretary 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 this section.

(f) Under this section, this State waives its sovereign immunity to the extent of
the right of action that is expressly created, but in no further or other respect.]

(D) THE SECRETARY SHALL HAVE THE IMMUNITY FROM LIABILITY
DESCRIBED UNDER TITLE 5, SUBTITLE 3 § 5-376 OF THE COURTS AND
JUDICIAL PROCEEDINGS ARTICLE.

21-322.

(a) The Department of Health and Mental Hygiene and the State Department
of Agriculture may:

(1) Inspect for wholesomeness any food donated to a nonprofit
corporation, organization, or association; and

(2) Establish procedures for handling food donated to any nonprofit
corporation, organization, or association.

(b) (1) In this [section] SUBSECTION, "person" shall include a nonprofit
corporation, organization, or association.

(2) [The exemption provided for in this subsection does not apply to any
person who:

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