HF 2880

as introduced - 90th Legislature (2017 - 2018) Posted on 02/20/2018 10:24am

A bill for an act
relating to civil liability; establishing a cause of action for disparagement of
agricultural food products; proposing coding for new law in Minnesota Statutes,
chapter 604.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

[604.135] CIVIL LIABILITY FOR DISPARAGEMENT OF
AGRICULTURAL FOOD PRODUCTS.

Subdivision 1.

Definitions.

For purposes of this section:

(1) "agricultural food product" means any agricultural or aquacultural food product that
is sold or distributed in a form that will perish or decay beyond marketability within a period
of time;

(2) "disparagement" means dissemination in any manner to the public any information
that the disseminator knows to be false and that states or implies that (i) an agricultural food
product is not safe for consumption by the public, or (ii) generally accepted agricultural and
management practices make an agricultural food product unsafe for consumption by the
public; and

(3) "generally accepted agricultural and management practices" means those agronomic
and animal husbandry practices commonly used by farmers in the production of an
agricultural commodity including tillage options, fertilizers, crop protection practices, and
the feeding, transporting, housing, and health practices for livestock.

Subd. 2.

Cause of action for damages.

Any producer of an agricultural food product
who suffers damage as a result of another person's disparagement of the agricultural food
product has a cause of action for damages and any other appropriate relief in a court of
competent jurisdiction.

Subd. 3.

Liability for damages.

Any person who disparages an agricultural food product
with intent to harm the producer is liable to the producer for triple the damages caused.

Subd. 4.

Limitation on actions for damages.

Any civil action for damages for
disparagement of an agricultural food product must be commenced within the time period
applicable to actions under section 541.07, clause (1).