SF5136

Purpose

• Establishes a new civil cause of action to address disparagement of perishable food products. The goal is to protect perishable food product producers from knowingly false statements that damage their reputation, specifically statements about safety for human consumption or the safety of agricultural practices used to produce the product.

Main Provisions

• New civil claim: Disparagement of Perishable Food Products is created under Minnesota Statutes chapter 604 (new section 604.125).
• Elements of the claim:
  • A person disparages a perishable food product with the intent to harm the producer’s reputation.
  • The producer suffers harm as a result.
  • The disparaging statements are knowingly false and concern either:
  • that the product is not safe for human consumption, or
  • that the agricultural practices used to produce the product render it not safe for human consumption.
• Remedies:
  • The court may award general damages, special damages, or other relief that is just and equitable.
• Time limit:
  • An action under this section must be commenced within one year of when the cause of action arose.
• Definitions:
  • Agricultural practices: includes practices used in crop or livestock production, such as fertilizers, tillage, crop protection, and the feeding, transporting, housing, and health practices in livestock production.
  • Perishable food product: has the meaning given in section 34A.01 subdivision 9.
• Scope:
  • The new provisions codify a specific liability rule within Minnesota’s civil law framework and add a targeted remedy related to false statements about safety of perishable food products and their production practices.

Changes to Existing Law

• Creates a new standalone cause of action within Minnesota Statutes chapter 604 for disparagement of perishable food products, filling a gap by allowing producers to sue for reputational harm caused by knowingly false statements about safety.
• Establishes a concrete one-year statute of limitations for this claim, which is a notable procedural change for disputes involving food product disparagement.

Definitions and Key Terms (for clarity)

• disparagement of perishable food products
• perishable food product
• not safe for human consumption
• agricultural practices
• fertilizers
• tillage
• crop protection
• feeding
• transporting
• housing
• health practices
• general damages
• special damages
• equitable relief
• one year (statute of limitations)
• Minnesota Statutes chapter 604
• 34A.01 subdivision 9

Relevant Terms - disparagement - perishable food product - not safe for human consumption - safely produced agricultural practices - agricultural practices - general damages - special damages - equitable relief - one year - 34A.01 subdivision 9 - Minnesota Statutes chapter 604 - civil cause of action - false statements - intent to harm - reputation of producer - harm suffered