This chapter is known and may be cited asthe "Wyoming Commonsense Consumption Act".
11-47-102. Definitions.
(a) As used in this act:
(i) "Livestock" means as defined in W.S.11-39-101(a)(vi);
(ii) "Agricultural producer" means any producer oflivestock, crops for food or fiber, dairy products and any other product forhuman consumption from an agricultural operation;
(iii) "Long term consumption" means the cumulativeeffect of the consumption of any qualified product and not the effect of asingle instance of consumption;
(iv) "Qualified product" means any food or drink asdefined in section 201(f) of the Federal Food Drug and Cosmetic Act (21 U.S.C. 321(f)), and specifically includes meat and meat products from livestock,food, fiber, dairy products and any other product for human consumption from anagricultural operation;
(v) "Seller" means any person or entity lawfullyengaged in the business of marketing, distributing, advertising or selling aqualified product;
(vi) "Trade association" means any association orbusiness organization that is not operated for profit, if two (2) or moremembers are manufacturers, marketers, distributors, agricultural producers,advertisers or sellers of a qualified product;
(vii) "This act" means W.S. 11-47-101 through11-47-103.
11-47-103. Limitation on liability for long term consumption.
(a) No manufacturer, seller, trade association, agriculturalproducer, wholesaler, broker or retailer of a qualified product is subject tocivil liability for injury or death in any case in which liability is based onthe individual's weight gain, obesity or a health condition related to weightgain or obesity, and the weight gain, obesity or health condition results fromthe individual's long term consumption of a qualified product.
(b) Subsection (a) of this section shall not preclude civilliability if:
(i) The claim of injury or death is based on a materialviolation of a composition, branding or labeling standard prescribed by stateor federal law; and
(A) The claimed injury or death was actually and proximatelycaused by that violation; and
(B) The violation was committed with intent to deceive orinjure consumers or with actual knowledge that the violation was injurious toconsumers.
This chapter is known and may be cited asthe "Wyoming Commonsense Consumption Act".
11-47-102. Definitions.
(a) As used in this act:
(i) "Livestock" means as defined in W.S.11-39-101(a)(vi);
(ii) "Agricultural producer" means any producer oflivestock, crops for food or fiber, dairy products and any other product forhuman consumption from an agricultural operation;
(iii) "Long term consumption" means the cumulativeeffect of the consumption of any qualified product and not the effect of asingle instance of consumption;
(iv) "Qualified product" means any food or drink asdefined in section 201(f) of the Federal Food Drug and Cosmetic Act (21 U.S.C. 321(f)), and specifically includes meat and meat products from livestock,food, fiber, dairy products and any other product for human consumption from anagricultural operation;
(v) "Seller" means any person or entity lawfullyengaged in the business of marketing, distributing, advertising or selling aqualified product;
(vi) "Trade association" means any association orbusiness organization that is not operated for profit, if two (2) or moremembers are manufacturers, marketers, distributors, agricultural producers,advertisers or sellers of a qualified product;
(vii) "This act" means W.S. 11-47-101 through11-47-103.
11-47-103. Limitation on liability for long term consumption.
(a) No manufacturer, seller, trade association, agriculturalproducer, wholesaler, broker or retailer of a qualified product is subject tocivil liability for injury or death in any case in which liability is based onthe individual's weight gain, obesity or a health condition related to weightgain or obesity, and the weight gain, obesity or health condition results fromthe individual's long term consumption of a qualified product.
(b) Subsection (a) of this section shall not preclude civilliability if:
(i) The claim of injury or death is based on a materialviolation of a composition, branding or labeling standard prescribed by stateor federal law; and
(A) The claimed injury or death was actually and proximatelycaused by that violation; and
(B) The violation was committed with intent to deceive orinjure consumers or with actual knowledge that the violation was injurious toconsumers.
This chapter is known and may be cited asthe "Wyoming Commonsense Consumption Act".
11-47-102. Definitions.
(a) As used in this act:
(i) "Livestock" means as defined in W.S.11-39-101(a)(vi);
(ii) "Agricultural producer" means any producer oflivestock, crops for food or fiber, dairy products and any other product forhuman consumption from an agricultural operation;
(iii) "Long term consumption" means the cumulativeeffect of the consumption of any qualified product and not the effect of asingle instance of consumption;
(iv) "Qualified product" means any food or drink asdefined in section 201(f) of the Federal Food Drug and Cosmetic Act (21 U.S.C. 321(f)), and specifically includes meat and meat products from livestock,food, fiber, dairy products and any other product for human consumption from anagricultural operation;
(v) "Seller" means any person or entity lawfullyengaged in the business of marketing, distributing, advertising or selling aqualified product;
(vi) "Trade association" means any association orbusiness organization that is not operated for profit, if two (2) or moremembers are manufacturers, marketers, distributors, agricultural producers,advertisers or sellers of a qualified product;
(vii) "This act" means W.S. 11-47-101 through11-47-103.
11-47-103. Limitation on liability for long term consumption.
(a) No manufacturer, seller, trade association, agriculturalproducer, wholesaler, broker or retailer of a qualified product is subject tocivil liability for injury or death in any case in which liability is based onthe individual's weight gain, obesity or a health condition related to weightgain or obesity, and the weight gain, obesity or health condition results fromthe individual's long term consumption of a qualified product.
(b) Subsection (a) of this section shall not preclude civilliability if:
(i) The claim of injury or death is based on a materialviolation of a composition, branding or labeling standard prescribed by stateor federal law; and
(A) The claimed injury or death was actually and proximatelycaused by that violation; and
(B) The violation was committed with intent to deceive orinjure consumers or with actual knowledge that the violation was injurious toconsumers.
