Section 5-404 - Actions against farmers permitting gleaning. - Maryland Statutes

§ 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. 
 

[1988, ch. 663; 1990, ch. 6, § 2; 1997, ch. 14, § 9; 2002, ch. 19, § 10.]