(2) Chewing gum or any substance that is used as a
component of chewing gum.

[Part II. General Provisions]

[4-105.

The Secretary may adopt, rules and regulations to carry out
the provisions of this subtitle.]                                                           

[4-106.

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.]

[4-107.

(a)  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)  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.]

[4-108.

(a)  In this section, "group home" means a foster home,
emergency shelter, or family type residential facility for
children that is:

(1) Sponsored by a public or private agency; and

(2) Supervised by foster parents, house parents, or
counselors.

(b)  Any group home is exempt from any rule or regulation
governing food service facilities that is adopted by the

Secretary or a local government, if the group home:

(1) At no time has more than 14 residents including
house parents and supervisory, professional, and custodial staff
members; and

- 1270 -

Ch. 297

LAWS OF MARYLAND