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*sb0314*
SENATE BILL 314
D3, M4 6lr0799
By: Senator Waldstreicher
Introduced and read first time: January 22, 2026
Assigned to: Judicial Proceedings
Committee Report: Favorable
Senate action: Adopted
Read second time: February 12, 2026
CHAPTER ______
AN ACT concerning 1
Courts – Immunity From Liability – Donation of Pet Supplies 2
FOR the purpose of establishing a certain immunity from liability for a person who donates 3
a pet item or dispenses a donated pet item; authorizing the State Department of 4
Agriculture to inspect donated commercial feed and establish procedures for 5
handling donated commercial feed; and generally relating to civil liability and the 6
donation of pet items. 7
BY repealing and reenacting, without amendments, 8
Article – Agriculture 9
Section 1–101(a), (d), and (g) and 6–101(a) and (d) 10
Annotated Code of Maryland 11
(2016 Replacement Volume and 2025 Supplement) 12
BY adding to 13
Article – Agriculture 14
Section 6–106.1 15
Annotated Code of Maryland 16
(2016 Replacement Volume and 2025 Supplement) 17
BY adding to 18
Article – Courts and Judicial Proceedings 19
Section 5–634.1 20
Annotated Code of Maryland 21
(2020 Replacement Volume and 2025 Supplement) 22
2 SENATE BILL 314
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Agriculture 3
1–101. 4
(a) In this article the following words have the meanings indicated. 5
(d) “Department” means the State Department of Agriculture. 6
(g) “Person” includes the State, any county, municipal corporation or other 7
political subdivision of the State, or any of their units, or an individual, receiver, trustee, 8
guardian, executor, administrator, fiduciary, or representative of an y kind, or any 9
partnership, firm, association, public or private corporation, or any other entity, unless 10
otherwise provided. 11
6–101. 12
(a) In this subtitle the following words have the meanings indicated. 13
(d) “Commercial feed” means a material or combination of materials distributed, 14
or intended for distribution, for use as feed, or for mixing in feed for any animal other than 15
man including feed prepared and distributed for consumption by dogs and cats, or any 16
domesticated animal normally maintaine d in a cage or tank, including gerbils, hamsters, 17
canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes, and turtles, 18
except: 19
(1) Unmixed whole seeds and physically altered entire unmixed seeds that 20
are not chemically altered or adulterated; 21
(2) Commodities such as hay, straw, stover, silage, cobs, husks, hulls, and 22
individual chemical compounds or substances when the commodities, compounds, or 23
substances are not intermixed with other materials or adulterated; or 24
(3) A material or combination of materials that is exempt from this 25
definition in regulations adopted by the Secretary. 26
6–106.1. 27
(A) THE DEPARTMENT MAY: 28
(1) INSPECT FOR WHOLESOME NESS ANY COMMERCIAL FEED 29
DONATED TO A NONPROFIT CORPORATION, ORGANIZATION, OR ASSOCIATION; AND 30
SENATE BILL 314 3
(2) ESTABLISH PROCEDURES FOR HANDLING COMMERCIAL FEED 1
DONATED TO ANY NONPROFIT CORPORATION, ORGANIZATION, OR ASSOCIATION. 2
(B) A PERSON SHALL HAVE TH E IMMUNITY FROM LIAB ILITY UNDER § 3
5–634.1 OF THE COURTS ARTICLE FOR ANY ACT OR OMISS ION THAT AFFECTS THE 4
NATURE, AGE, CONDITION, OR PACKAGING OF THE DONATED COMMERCIAL FEED. 5
Article – Courts and Judicial Proceedings 6
5–634.1. 7
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 8
INDICATED. 9
(2) “PERSON” INCLUDES THE STATE, ANY COUNTY , MUNICIPAL 10
CORPORATION OR OTHER POLITICAL SUBDIVISION OF THE STATE, OR ANY OF THEIR 11
UNITS, OR AN INDIVIDUAL, A RECEIVER, A TRUSTEE, A GUARDIAN, AN EXECUTOR, AN 12
ADMINISTRATOR, A FIDUCIARY, OR A REPRESENTATIVE OF AN Y K IND, OR ANY 13
PARTNERSHIP, FIRM, ASSOCIATION, PUBLIC OR PRIVATE CORPORATION, OR OTHER 14
ENTITY. 15
(3) (I) “PET ITEM ” MEANS ANY APPARENTLY FIT TANGIBLE PET 16
SUPPLY THAT MEETS AL L QUALITY AND LABELI NG STANDARDS IMPOSED BY 17
FEDERAL, STATE, AND LOCAL LAWS AND REGULATIONS EVEN IF THE ITEM MAY NOT 18
BE READILY MARKETABL E DUE TO APPEARANCE , AGE, FRESHNESS, GRADE, 19
SURPLUS, OR OTHER CONDITION. 20
(II) “PET ITEM ” INCLUDES APPARENTLY FIT COMMERCIAL 21
FEED AS DEFINED IN § 6–101 OF THE AGRICULTURE ARTICLE. 22
(B) UNLESS THE ACT OR OMI SSION AMOUNTS TO GRO SS NEGLIGENCE OR 23
WILLFUL AND WANTON M ISCONDUCT, A PERSON IS NOT CIVI LLY LIABLE FOR ANY 24
ACT OR OMISSION THAT AFFECTS THE NATURE, AGE, CONDITION, OR PACKAGING OF 25
A DONATED PET ITEM IF THE PERSON IN GOOD FAITH: 26
(1) DONATED THE PET ITEM FOR USE OR DISTRIBUTION BY A 27
NONPROFIT CORPORATION, ORGANIZATION, OR ASSOCIATION OR A UNIT OF STATE 28
OR LOCAL GOVERNMENT; OR 29
(2) DISPENSED THE DONATED PET ITEM ON BEHALF OF A NONPROFIT 30
CORPORATION, ORGANIZATION, OR ASSOCIATION OR A UNIT OF STATE OR LOCAL 31
GOVERNMENT. 32
4 SENATE BILL 314
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2026. 2
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.