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Emergency Law Inventory | Full Law Text

Law Number

Md. Courts and Judicial Proceedings Code Ann. 5-634

Summary Title

Liability: Food Donation

Summary

An individual, who, in good faith, donates, prepares, or serves food for use by a nonprofit or a nonprofit that dispenses the food, will not be held legally responsible for the nature or condition of the food. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.

Full Title

Donated Food

Full Text

(a) "Person" defined. -- In this section, "person" has the meaning stated in ยง 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.