# Courts and Judicial Proceedings (GCJ)

## Title 5. Limitations, Prohibited Actions, and Immunities

### Subtitle 6. Immunities and Prohibited Actions -- Health and Public Safety

#### Section 5-634

(a) In this section, "person" has the meaning stated in Sec. 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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Md. Code Ann., Cts. & Jud. Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)