CHAPTER 96. FALSE DISPARAGEMENT OF PERISHABLE FOOD PRODUCTS - Texas Statutes

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.