Ch. 600

LAWS OF MARYLAND

Article - Health - General

Section 21-322

Annotated Code of Maryland

(1987 Replacement Volume and 1988 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Health - General

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, "PERSON" SHALL INCLUDE A NONPROFIT
CORPORATION, ORGANIZATION, OR ASSOCIATION.

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

(I)   [donates] DONATES food to a nonprofit
corporation, organization, or association that sells or offers
for sale any donated food;

(II)  PREPARES DONATED FOOD FOR USE OR
DISTRIBUTION BY A NONPROFIT CORPORATION, ORGANIZATION, OR
ASSOCIATION THAT SELLS OR OFFERS FOR SALE ANY DONATED FOOD; OR

(III)  SERVES DONATED FOOD DISTRIBUTED BY A
NONPROFIT CORPORATION, ORGANIZATION, OR ASSOCIATION THAT SELLS OR
OFFERS FOR SALE ANY DONATED FOOD.

[(2)] (3) 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 IF THE PERSON IN GOOD FAITH:

(I)  DONATES FOOD FOR USE OR DISTRIBUTION BY A
NONPROFIT CORPORATION, ORGANIZATION, OR ASSOCIATION;

(II)  PREPARES DONATED FOOD FOR USE OR
DISTRIBUTION BY A NONPROFIT CORPORATION, ORGANIZATION, OR
ASSOCIATION;

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