VETOES
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; OR

(III)  SERVES DONATED FOOD DISTRIBUTED BY A
NONPROFIT CORPORATION, ORGANIZATION, OR ASSOCIATION; OR

(IV)  DISPENSES DONATED FOOD DISTRIBUTED BY A
NONPROFIT CORPORATION, ORGANIZATION, OR ASSOCIATION.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1989.

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