WILLIAM DONALD SCHAEFER, Governor                   Ch. 664

(III)  "GLEANING COOPERATIVE" MEANS A NONPROFIT
ORGANIZATION THAT IS:

1.  TAX EXEMPT UNDER § 501 OF THE INTERNAL
REVENUE CODE; AND

2.  ORGANIZED AND OPERATED TO PROVIDE AND
DISTRIBUTE FOOD FREE OF CHARGE TO NEEDY INDIVIDUALS, INCLUDING
UNEMPLOYED AND LOW INCOME INDIVIDUALS.

(IV) "WHOLESALE MARKET VALUE" MEANS THE VALUE
OF DONATED FARM PRODUCTS BASED ON THE WHOLESALE MARKET PRICE OF
THE FARM PRODUCT IN THE NEAREST REGIONAL MARKET DURING THE
CALENDAR WEEK IN WHICH THE DONATION IS MADE, DETERMINED WITHOUT
CONSIDERATION OF GRADE OR QUALITY OF THE PRODUCT, AS IF THE
QUANTITY OF THE PRODUCT DONATED WERE MARKETABLE.

(2)  THE SUBTRACTION UNDER SUBSECTION (A) OF THIS
SECTION INCLUDES THE AMOUNT BY WHICH:

(I)  THE FAIR WHOLESALE MARKET VALUE, DETERMINED
AS OF THE DATE OF THE DONATION, OF CROPS FARM PRODUCTS DONATED BY
AN INDIVIDUAL DURING THE TAXABLE YEAR TO A GLEANING COOPERATIVE;
EXCEEDS

(II)  THE AMOUNT ATTRIBUTABLE TO THE DONATED
CROP FARM PRODUCTS THAT THE INDIVIDUAL CLAIMS AS A DEDUCTION FOR
A CHARITABLE CONTRIBUTION UNDER § 170 OF THE INTERNAL REVENUE
CODE.

(3)  TO QUALIFY FOR THE SUBTRACTION UNDER PARAGRAPH
(2) OF THIS SUBSECTION, AN INDIVIDUAL SHALL FILE WITH THE
INDIVIDUAL'S INCOME TAX RETURN:

(I)  A WRITTEN STATEMENT FROM THE GLEANING
COOPERATIVE THAT RECEIVES THE CROPS FARM PRODUCTS THAT CERTIFIES:

1.  THE QUANTITY OF THE DONATED CROP
RECEIVED; AND

2.  THAT THE DONATED CROP FARM PRODUCTS
WILL BE USED EXCLUSIVELY TO PROVIDE FREE FOOD TO NEEDY
INDIVIDUALS AND WILL NOT BE TRANSFERRED IN EXCHANGE FOR MONEY,
OTHER PROPERTY, OR SERVICES; AND

(II)  ANY INFORMATION THAT THE COMPTROLLER

REQUIRES BY REGULATION TO SUBSTANTIATE THE FAIR WHOLESALE MARKET
VALUE OF THE DONATED CROP FARM PRODUCTS AS OF THE DATE OF THE
DONATION A WRITTEN STATEMENT FROM THE MARYLAND DEPARTMENT OF
AGRICULTURE, USING SUCH MARKET DATA AS IS DEEMED SUITABLE BY THE
SECRETARY OF THAT DEPARTMENT, THAT CERTIFIES THE WHOLESALE MARKET
VALUE OF THE DONATED FARM PRODUCTS.

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