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32-44 Defamation of Agricultural Products and Management Practices

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CHAPTER 32-44DEFAMATION OF AGRICULTURAL PRODUCTS AND MANAGEMENT PRACTICES32-44-01. Definitions. As used in this chapter, unless the context otherwise requires:1.&quot;Agricultural producer&quot; means any person engaged in growing, raising, distributing,<br>or selling an agricultural product, or manufacturing the product for consumer use.2.&quot;Agricultural product&quot; means any plant or animal, or the product of a plant or animal,<br>grown, raised, distributed, or sold for a commercial purpose. The term also includes<br>any agricultural practices used in the production of such products.3.&quot;Defamatory statement&quot; means intentional words or conduct which reflects on the<br>character or reputation of another or upon the quality, safety, or value of another's<br>property in a manner which tends:a.To lower another in the estimation of the community;b.To deter third persons from dealing with another; orc.To deter third persons from buying the products of another.4.&quot;Disseminate&quot; means to publish or otherwise convey a statement to a third party but<br>does not include repeating a false and defamatory statement made by another<br>unless the person repeating the statement knew the statement was false.5.&quot;False statement&quot; means a statement that either expressly includes a fact or implies<br>a fact as justification for an opinion and the fact is not based upon reasonable and<br>reliable scientific inquiry, data, or facts.6.&quot;Knowing the statement to be false&quot; means the communicator knew the statement<br>was false or acted with reckless disregard of whether the statement was false.32-44-02.Civil liability for defamation of agricultural producers.A person whowillfully or purposefully disseminates a false and defamatory statement, knowing the statement to<br>be false, regarding an agricultural producer or an agricultural product under circumstances in<br>which the statement may be reasonably expected to be believed and the agricultural producer is<br>damaged as a result, is liable to the agricultural producer for damages and other relief allowed by<br>law in a court of competent jurisdiction, including injunctive relief and compensatory and<br>exemplary damages. If it is found by a court or jury that a person has maliciously disseminated a<br>false and defamatory statement regarding an agricultural product or agricultural producer, the<br>agricultural producer may recover up to three times the actual damages proven and the court<br>must order that the agricultural producer recover costs, disbursements, and actual reasonable<br>attorney's fees incurred in the action.32-44-03. Persons entitled to claim for relief. In addition to the provisions of section32-44-02, if a false and defamatory statement is disseminated referring to an entire group or<br>class of agricultural producers or products, a cause of action arises in favor of each producer of<br>the group or class and any association representing an agricultural producer, regardless of the<br>size of the group or class. Each cause of action by a producer or an association representing an<br>agricultural producer in such case is limited to the actual damages of the producer, injunctive<br>relief, and exemplary damages.32-44-04. Statute of limitations. Any civil action for damages under this chapter mustbe commenced within two years from the date of the false and defamatory statement.Page No. 1Document Outlinechapter 32-44 defamation of agricultural products and management practices