2015 Maryland Code
COURTS AND JUDICIAL PROCEEDINGS
Title 5 - LIMITATIONS, PROHIBITED ACTIONS, AND IMMUNITIES
Subtitle 4 - IMMUNITIES AND PROHIBITED ACTIONS -- BUSINESSES, ASSOCIATIONS, AND CHARITIES
§ 5-404 - Actions against farmers permitting gleaning

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Agent of a charitable organization" means a person who:

(i) Is or was a director, officer, or employee of a charitable organization; or

(ii) On a volunteer basis, is or was providing services or performing duties on behalf of a charitable organization.

(3) "Charitable organization" means an organization, institution, association, society, or corporation that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code.

(4) "Farmer" means a person, including a corporation, who engages in an activity conducted solely or primarily for the production of a farm product.

(5) "Farm product" has the meaning stated in § 10-601 of the Agriculture Article.

(6) "Glean" means:

(i) To harvest or collect farm products from the fields of a farmer who grants access to the fields without charging a fee; and

(ii) To distribute the farm products to needy individuals, including unemployed and low-income individuals.

(b) In general. -- Except as provided in subsection (c) of this section, a farmer is not personally liable for damages in a civil action brought against the farmer for injury to a person or property by a charitable organization or an agent of a charitable organization that the farmer permitted to glean on the farmer's property.

(c) Scope of section. -- This section does not limit any liability that otherwise exists for willful or malicious failure to guard or warn against any dangerous condition, use, structure, or activity.