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.