6-2003. DISPARAGEMENT OF PERISHABLE AGRICULTURAL FOOD PRODUCTS — RIGHT OF ACTION FOR DAMAGES. (1) A producer of perishable agricultural food products who suffers actual damages as a result of another person’s disparagement of the producer’s product may bring an action for actual damages in a court of competent jurisdiction.
(2) The plaintiff shall bear the burden of proof and persuasion as to each element of the cause of action and must prove each element by clear and convincing evidence.
(3) The plaintiff may only recover actual pecuniary damages. Neither presumed nor punitive damages shall be allowed.
(4) The disparaging factual statement must be clearly directed at a particular plaintiff’s product. A factual statement regarding a generic group of products, as opposed to a specific producer’s product, shall not serve as the basis for a cause of action.
(5) Notwithstanding any limitation contained in chapter 2, title 5, Idaho Code, an action under the provisions of this chapter must be commenced within two (2) years after the cause of action accrues and not thereafter.
(6) This statutory cause of action is not intended to abrogate the common law action for product disparagement or any other cause of action otherwise available.
History:
[6-2003, added 1992, ch. 252, sec. 1, p. 737.]
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