Section 5-634 - Donated food.
§ 5-634. Donated food.
(a) "Person" defined.- In this section, "person" has the meaning stated in § 21-322 of the Health - General Article.
(b) Persons whose liability not limited.- The limitation on liability provided for in subsection (c) of this section does not apply to any person who:
(1) Donates food to a nonprofit corporation, organization, or association that sells or offers for sale any donated food;
(2) Prepares donated food for use or distribution by a nonprofit corporation, organization, or association that sells or offers for sale any donated food; or
(3) Serves donated food distributed by a nonprofit corporation, organization, or association that sells or offers for sale any donated food.
(c) Limitation on liability.- Unless the act or omission amounts to gross negligence or willful and wanton misconduct, a person 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:
(1) Donates food for use or distribution by a nonprofit corporation, organization, or association;
(2) Prepares donated food for use or distribution by a nonprofit corporation, organization, or association;
(3) Serves donated food distributed by a nonprofit corporation, organization, or association; or
(4) Dispenses donated food distributed by a nonprofit corporation, organization, or association.
[1990, ch. 546, § 3; 1997, ch. 14, § 9; 2002, ch. 19, § 10.]