2005 Texas Civil Practice & Remedies Code CHAPTER 96. FALSE DISPARAGEMENT OF PERISHABLE FOOD PRODUCTS

CIVIL PRACTICE & REMEDIES CODE

CHAPTER 96. FALSE DISPARAGEMENT OF PERISHABLE FOOD PRODUCTS


	§ 96.001. DEFINITION.  In this chapter, "perishable food 
product" means a food product of agriculture or aquaculture that is 
sold or distributed in a form that will perish or decay beyond 
marketability within a limited period of time.

Added by Acts 1995, 74th Leg., ch. 80, § 1, eff. Sept. 1, 1995.            


	§ 96.002. LIABILITY.  (a) A person is liable as provided 
by Subsection (b) if:
		(1)  the person disseminates in any manner information 
relating to a perishable food product to the public;
		(2)  the person knows the information is false;  and                          
		(3)  the information states or implies that the 
perishable food product is not safe for consumption by the public.
	(b)  A person who is liable under Subsection (a) is liable to 
the producer of the perishable food product for damages and any 
other appropriate relief arising from the person's dissemination of 
the information.

Added by Acts 1995, 74th Leg., ch. 80, § 1, eff. Sept. 1, 1995.            


	§ 96.003. PROOF.  In determining if information is false, 
the trier of fact shall consider whether the information was based 
on reasonable and reliable scientific inquiry, facts, or data.

Added by Acts 1995, 74th Leg., ch. 80, § 1, eff. Sept. 1, 1995.            


	§ 96.004. CERTAIN MARKETING OR LABELING EXCLUDED.  A 
person is not liable under this chapter for marketing or labeling 
any agricultural product in a manner that indicates that the 
product:
		(1)  was grown or produced by using or not using a 
chemical or drug;        
		(2)  was organically grown;  or                                               
		(3)  was grown without the use of any synthetic 
additive.                   

Added by Acts 1995, 74th Leg., ch. 80, § 1, eff. Sept. 1, 1995.