CHAPTER 96. FALSE DISPARAGEMENT OF PERISHABLE FOOD PRODUCTS
CIVIL PRACTICE AND REMEDIES CODE
TITLE 4. LIABILITY IN TORT
CHAPTER 96. FALSE DISPARAGEMENT OF PERISHABLE FOOD PRODUCTS
Sec. 96.001. DEFINITION. In this chapter, "perishable food
product" means a food product of agriculture or aquaculture that
is sold or distributed in a form that will perish or decay beyond
marketability within a limited period of time.
Added by Acts 1995, 74th Leg., ch. 80, Sec. 1, eff. Sept. 1,
1995.
Sec. 96.002. LIABILITY. (a) A person is liable as provided by
Subsection (b) if:
(1) the person disseminates in any manner information relating
to a perishable food product to the public;
(2) the person knows the information is false; and
(3) the information states or implies that the perishable food
product is not safe for consumption by the public.
(b) A person who is liable under Subsection (a) is liable to the
producer of the perishable food product for damages and any other
appropriate relief arising from the person's dissemination of the
information.
Added by Acts 1995, 74th Leg., ch. 80, Sec. 1, eff. Sept. 1,
1995.
Sec. 96.003. PROOF. In determining if information is false, the
trier of fact shall consider whether the information was based on
reasonable and reliable scientific inquiry, facts, or data.
Added by Acts 1995, 74th Leg., ch. 80, Sec. 1, eff. Sept. 1,
1995.
Sec. 96.004. CERTAIN MARKETING OR LABELING EXCLUDED. A person
is not liable under this chapter for marketing or labeling any
agricultural product in a manner that indicates that the product:
(1) was grown or produced by using or not using a chemical or
drug;
(2) was organically grown; or
(3) was grown without the use of any synthetic additive.
Added by Acts 1995, 74th Leg., ch. 80, Sec. 1, eff. Sept. 1,
1995.