# Title 32 — Judicial Remedies

## Chapter 32-44 — Defamation of Agricultural Products and Management Practices

### § 32-44-01. Definitions.

As used in this chapter, unless the context otherwise requires:
1. "Agricultural producer" means any person engaged in growing, raising, distributing, or
selling an agricultural product, or manufacturing the product for consumer use.
2. "Agricultural product" means any plant or animal, or the product of a plant or animal,
grown, raised, distributed, or sold for a commercial purpose. The term also includes
any agricultural practices used in the production of such products.
3. "Defamatory statement" means intentional words or conduct which reflects on the
character or reputation of another or upon the quality, safety, or value of another's
property in a manner which tends:
a. To lower another in the estimation of the community;
b. To deter third persons from dealing with another; or
c. To deter third persons from buying the products of another.
4. "Disseminate" means to publish or otherwise convey a statement to a third party but
does not include repeating a false and defamatory statement made by another unless
the person repeating the statement knew the statement was false.
5. "False statement" means a statement that either expressly includes a fact or implies a
fact as justification for an opinion and the fact is not based upon reasonable and
reliable scientific inquiry, data, or facts.
6. "Knowing the statement to be false" means the communicator knew the statement was
false or acted with reckless disregard of whether the statement was false.
### § 32-44-02. Civil liability for defamation of agricultural producers.

A person who willfully or purposefully disseminates a false and defamatory statement,
knowing the statement to be false, regarding an agricultural producer or an agricultural product
under circumstances in which the statement may be reasonably expected to be believed and
the agricultural producer is damaged as a result, is liable to the agricultural producer for
damages and other relief allowed by law in a court of competent jurisdiction, including injunctive
relief and compensatory and exemplary damages. If it is found by a court or jury that a person
has maliciously disseminated a false and defamatory statement regarding an agricultural
product or agricultural producer, the agricultural producer may recover up to three times the
actual damages proven and the court must order that the agricultural producer recover costs,
disbursements, and actual reasonable attorney's fees incurred in the action.
### § 32-44-03. Persons entitled to claim for relief.

In addition to the provisions of section 32-44-02, if a false and defamatory statement is
disseminated referring to an entire group or class of agricultural producers or products, a cause
of action arises in favor of each producer of the group or class and any association representing
an agricultural producer, regardless of the size of the group or class. Each cause of action by a
producer or an association representing an agricultural producer in such case is limited to the
actual damages of the producer, injunctive relief, and exemplary damages.
### § 32-44-04. Statute of limitations.

Any civil action for damages under this chapter must be commenced within two years from
the date of the false and defamatory statement.
