TITLE 6

ACTIONS IN PARTICULAR CASES

CHAPTER 20

DISPARAGEMENT OF AGRICULTURAL FOOD PRODUCTS

6-2002.  Definitions. As used in this chapter:

(1)  "Disparagement" means the publication to a third party of a false factual statement; and

(a)  The published statement is of and concerning the plaintiff’s specific perishable agricultural food product;

(b)  The statement clearly impugns the safety of the product;

(c)  The defendant intended the publication to cause harm to the plaintiff’s pecuniary interest, or either recognized or reasonably should have recognized that it was likely to do so;

(d)  The defendant made the statement with actual malice, that is, he knew that the statement was false or acted in reckless disregard of its truth or falsity; and

(e)  The statement does in fact cause the plaintiff pecuniary loss.

(2)  "Perishable agricultural food product" means an agricultural product as defined in section 22-2602, Idaho Code, intended for human consumption which is sold or distributed in a form that will perish or decay beyond marketability within a period of time.

History:

[6-2002, added 1992, ch. 252, sec. 1, p. 736; am. 2001, ch. 20, sec. 1, p. 26.]