BILL NUMBER: AB 698	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Strickland

                        FEBRUARY 22, 2007

   An act to add Section 47.2 to the Civil Code, relating to
defamation.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 698, as introduced, Strickland. Perishable agricultural product
defamation.
   Existing law provides for civil liability for defamation and
provides that defamation is effected by libel or slander. Under
existing law, an action for libel or slander is based, in part, on
false and unprivileged publications, as specified. Under existing
law, privileged publications are publications made in connection with
the discharge of official duties or in certain official proceedings.

   This bill would allow a producer of a perishable agricultural
product, as defined, who suffers actual damages as a result of
another person's disparagement of the producer's product to recover
those actual damages if certain facts are found to be true. The bill
would define "disparagement" for these purposes as a false and
unprivileged publication regarding a perishable agricultural product
that clearly impugns the safety of the product. The bill would
require the plaintiff to bear the burden of proof as to each element
of the cause of action.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 47.2 is added to the Civil Code, to read:
   47.2.  (a) A producer of a perishable agricultural product who
suffers actual damages as a result of another person's disparagement
of the producer's product may recover those actual damages if each of
the following is found to be true:
   (1) The disparagement clearly concerns the product specifically
produced by the plaintiff, and is not applicable to the product as it
is generally produced.
   (2) The disparagement is disseminated to the public in any manner.

   (3) The defendant knows the disparaging statement is false, or
acts with reckless disregard for its truth or falsity.
   (4) The defendant intended the statement to cause financial harm
to the plaintiff, or either recognized or should have recognized that
it was likely to do so.
   (b) The plaintiff shall bear the burden of proving each element of
the cause of action.
   (c) The following definitions apply for the purposes of this
section:
   (1)  "Disparagement" means a false and unprivileged publication
made orally, in writing, or in any other visual or aural form
regarding a perishable agricultural product that clearly impugns the
safety of the product.
   (2) "Perishable agricultural product" means an agricultural
product, as defined in subdivision (a) of Section 58501 of the Food
and Agricultural Code, that is sold or distributed in a form that
will perish or decay beyond marketability within a period of time.
   (d) This section shall not eliminate or limit any other cause of
action that may be available.