2020 Idaho Code
Title 6 - ACTIONS IN PARTICULAR CASES
Chapter 20 - DISPARAGEMENT OF AGRICULTURAL FOOD PRODUCTS
Section 6-2002 - DEFINITIONS.

Universal Citation: ID Code § 6-2002 (2020)

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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