WILLIAM DONALD SCHAEFER, Governor                   Ch. 297

(D) THE PROVISIONS OF THIS SECTION DO NOT APPLY TO THE
CONSTRUCTION, REMODELING, OR ALTERATION OF ANY AREAS IN A FOOD
ESTABLISHMENT USED SOLELY FOR OFFICE SPACE, OR RECREATIONAL
AREAS.

4-322.

(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) THE EXEMPTION PROVIDED FOR IN THIS SUBSECTION 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.

(2) 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.

4-323.

(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 REGULATION GOVERNING
FOOD SERVICE FACILITIES THAT IS ADOPTED BY THE DEPARTMENT 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

(2)  HAS AMONG ITS RESIDENT CHILDREN ONLY CHILDREN
PLACED IN THE GROUP HOME BY A COURT, A LICENSED CHILD PLACEMENT
AGENCY, OR A GOVERNMENT AGENCY, INCLUDING A LOCAL DEPARTMENT OF
SOCIAL SERVICES.

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