3-113 - Action for false claims against perishable agricultural food product; limitation; definitions
3-113. Action for false claims against perishable agricultural food product; limitation; definitions
A. A producer, shipper, or an association that represents producers or shippers, of perishable agricultural food products that suffers damages as a result of malicious public dissemination of false information that the food product is not safe for human consumption may bring an action for damages and for any other appropriate relief, including compensatory and punitive damages, in a court of competent jurisdiction.
B. A person who intentionally disseminates false information to the public that a perishable agricultural food product is not safe for human consumption for the purpose of harming a producer or shipper is liable for damages determined under subsection A.
C. In any action brought under this section the court may award the successful party court costs and reasonable attorney fees.
D. An action under this section shall be commenced within two years after the false information is disseminated.
E. For purposes of this section:
1. "False information" means information that is not based on reliable scientific facts and reliable scientific data and that the disseminator knows or should have known to be false.
2. "Perishable agricultural food product" means any agricultural or aquacultural food product or commodity that is grown or produced in this state and that is sold or distributed in a form that will perish or decay within a reasonable period of time.
3. "Producer" means the person who grows or produces perishable agricultural food products.
4. "Shipper" means a person who ships, transports, sells or markets perishable agricultural food products under the person's registered trademark or label or a person who first markets the perishable agricultural food product on behalf of the producer.