3-113

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.