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.

Terms Used In Idaho Code 6-2002

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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. See Idaho Code 6-2002
  • Plaintiff: The person who files the complaint in a civil lawsuit.
(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.