Courts - Immunity From Liability - Donation of Pet Supplies, the official text

WES MOORE, Governor                                Ch. 464

Chapter 464

                   (Senate Bill 314)

AN ACT concerning

        Courts – Immunity From Liability – Donation of Pet Supplies

FOR the purpose of establishing a certain immunity from liability for a person who donates
         a pet item or dispenses a donated pet item; authorizing the State Department of
         Agriculture to inspect donated commercial feed and establish procedures for
         handling donated commercial feed; and generally relating to civil liability and the
         donation of pet items.

BY repealing and reenacting, without amendments,
         Article – Agriculture
         Section 1–101(a), (d), and (g) and 6–101(a) and (d)
         Annotated Code of Maryland
         (2016 Replacement Volume and 2025 Supplement)

BY adding to
         Article – Agriculture
         Section 6–106.1
         Annotated Code of Maryland
         (2016 Replacement Volume and 2025 Supplement)

BY adding to
         Article – Courts and Judicial Proceedings
         Section 5–634.1
         Annotated Code of Maryland
         (2020 Replacement Volume and 2025 Supplement)

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

                   Article – Agriculture

1–101.

(a) In this article the following words have the meanings indicated.

(d) “Department” means the State Department of Agriculture.

         (g) “Person” includes the State, any county, municipal corporation or other
political subdivision of the State, or any of their units, or an individual, receiver, trustee,
guardian, executor, administrator, fiduciary, or representative of any kind, or any

                   –1–
Ch. 464  2026 LAWS OF MARYLAND

partnership, firm, association, public or private corporation, or any other entity, unless
otherwise provided.

6–101.

         (a) In this subtitle the following words have the meanings indicated.

         (d) “Commercial feed” means a material or combination of materials distributed,
or intended for distribution, for use as feed, or for mixing in feed for any animal other than
man including feed prepared and distributed for consumption by dogs and cats, or any
domesticated animal normally maintained in a cage or tank, including gerbils, hamsters,
canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes, and turtles,
except:

                  (1) Unmixed whole seeds and physically altered entire unmixed seeds that
are not chemically altered or adulterated;

                  (2) Commodities such as hay, straw, stover, silage, cobs, husks, hulls, and
individual chemical compounds or substances when the commodities, compounds, or
substances are not intermixed with other materials or adulterated; or

                  (3) A material or combination of materials that is exempt from this
definition in regulations adopted by the Secretary.

6–106.1.

        (A) THE DEPARTMENT MAY:

                (1) INSPECT FOR WHOLESOMENESS ANY COMMERCIAL FEED
DONATED TO A NONPROFIT CORPORATION, ORGANIZATION, OR ASSOCIATION; AND

                (2) ESTABLISH PROCEDURES FOR HANDLING COMMERCIAL FEED
DONATED TO ANY NONPROFIT CORPORATION, ORGANIZATION, OR ASSOCIATION.

        (B) A PERSON SHALL HAVE THE IMMUNITY FROM LIABILITY UNDER §
5–634.1 OF THE COURTS ARTICLE FOR ANY ACT OR OMISSION THAT AFFECTS THE
NATURE, AGE, CONDITION, OR PACKAGING OF THE DONATED COMMERCIAL FEED.

                              Article – Courts and Judicial Proceedings

5–634.1.

        (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

         –2–
WES MOORE, Governor  Ch. 464

                (2) “PERSON” INCLUDES THE STATE, ANY COUNTY, MUNICIPAL
CORPORATION OR OTHER POLITICAL SUBDIVISION OF THE STATE, OR ANY OF THEIR
UNITS, OR AN INDIVIDUAL, A RECEIVER, A TRUSTEE, A GUARDIAN, AN EXECUTOR, AN
ADMINISTRATOR, A FIDUCIARY, OR A REPRESENTATIVE OF ANY KIND, OR ANY
PARTNERSHIP, FIRM, ASSOCIATION, PUBLIC OR PRIVATE CORPORATION, OR OTHER
ENTITY.

                (3) (I) “PET ITEM” MEANS ANY APPARENTLY FIT TANGIBLE PET

SUPPLY THAT MEETS ALL QUALITY AND LABELING STANDARDS IMPOSED BY

FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS EVEN IF THE ITEM MAY NOT
BE READILY MARKETABLE DUE TO APPEARANCE, AGE, FRESHNESS, GRADE,
SURPLUS, OR OTHER CONDITION.

                         (II) “PET ITEM” INCLUDES APPARENTLY FIT COMMERCIAL
FEED AS DEFINED IN § 6–101 OF THE AGRICULTURE ARTICLE.

        (B) 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
A DONATED PET ITEM IF THE PERSON IN GOOD FAITH:

                (1) DONATED THE PET ITEM FOR USE OR DISTRIBUTION BY A
NONPROFIT CORPORATION, ORGANIZATION, OR ASSOCIATION OR A UNIT OF STATE
OR LOCAL GOVERNMENT; OR

                (2) DISPENSED THE DONATED PET ITEM ON BEHALF OF A NONPROFIT
CORPORATION, ORGANIZATION, OR ASSOCIATION OR A UNIT OF STATE OR LOCAL
GOVERNMENT.

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.

Approved by the Governor, May 12, 2026.

–3–