Maryland Statutes
Subtitle 4 - Immunities and Prohibited Actions -- Businesses, Associations, and Charities
Section 5-404 - Actions Against Farmers Permitting Gleaning

(a)    (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)    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)    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.

Structure Maryland Statutes