Definitions

TITLE 6 ACTIONS IN PARTICULAR CASES CHAPTER 20 DISPARAGEMENT OF AGRICULTURAL FOOD PRODUCTS 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.