HARRY HUGHES, Governor

1853

4-104. RESERVED.

PART II. GENERAL PROVISIONS.

4-105. RULES AND REGULATIONS.

THE SECRETARY MAY ADOPT RULES AND REGULATIONS TO CARRY
OUT THE PROVISIONS OF THIS SUBTITLE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 209, as that section related to adopting
rules and regulations.

4-106. INSPECTION AND HANDLING OF DONATED FOOD.

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.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 132C(c).

In item (2) of this section, the reference to the
food being "donated" is new language added to
clarify that the procedures established under
this section may relate only to donated food.

4-107. EXEMPTION OF CERTAIN FOOD DONORS FROM LIABILITY.

(A)  SCOPE OF SECTION.

THE EXEMPTION PROVIDED FOR IN THIS SECTION DOES NOT
APPLY TO ANY PERSON WHO DONATES FOOD TO A NONPROFIT
CORPORATION, ORGANIZATION, OR ASSOCIATION THAT SELLS OR
OFFERS FOR SALE ANY DONATED FOOD.

(B)  EXEMPTION FROM LIABILITY.

UNLESS THE ACT OR OMISSION AMOUNTS TO GROSS NEGLIGENCE
OR WILLFUL AND WANTON MISCONDUCT, A PERSON WHO IN GOOD FAITH
DONATES FOOD FOR USE OR DISTRIBUTION BY A NONPROFIT
CORPORATION, ORGANIZATION, OR ASSOCIATION IS NOT CIVILLY
LIABLE FOR ANY ACT OR OMISSION THAT AFFECTS THE NATURE, AGE,
CONDITION, OR PACKAGING OF THE DONATED FOOD.

REVISOR'S NOTE: This section formerly appeared as
Article 43, § 132C(a) and (b).