Idaho Statutes
pecnv.out

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.]


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