BILL NUMBER: AB 698	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2007

INTRODUCED BY   Assembly Member Strickland
    (   Coauthors:   Assembly Members 
 Berryhill,   Gaines,   Garcia,  
Jeffries,   Keene,   La Malfa,   Maze,
  Plescia,   Sharon Runner,   Silva, 
 and Villines   ) 

                        FEBRUARY 22, 2007

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 698, as amended, 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  make certain legislative findings regarding
false statements relating to agricultural products. The 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.    The Legislature finds and declares all
of the following:  
   (a) California is the largest producer of agricultural products in
the United States.  
   (b) Consumers of California agricultural products need to have
reliable information regarding whether those agricultural products
are safe.  
   (c) False reports of contamination regarding agricultural products
harm California farmers, farmworkers, processors, distributors, and
retailers, as well as the California economy as a whole. Those
reports also harm consumers, who cannot assess which reports of
contamination are reliable.  
   (d) Allowing a civil cause of action for agricultural product
disparagement will discourage false reports of contamination while
protecting the rights of individuals to express legitimate concerns
over the safety of agricultural products. 
   SECTION 1.   SEC. 2.   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 is the first person to disseminate the
disparagement to the public.  
   (3) 
    (4)  The defendant knows the disparaging statement is
false, or acts with reckless disregard for its truth or falsity.

   (4) 
    (5)  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.