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Statutes Text

Article - Courts and Judicial Proceedings




§5–634.

    (a)    In this section, “person” has the meaning stated in § 21-322 of the Health - General Article.

    (b)    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)    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.



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