2717-S

AN ACT Relating to false writings or statements concerning the food production industry; amending RCW 4.16.080; adding a new section to chapter 4.24 RCW; adding a new chapter to Title 7 RCW; prescribing penalties; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature declares that the production of agricultural commodities constitutes a large proportion of the Washington economy and that it is beneficial to the citizens of this state to protect the vitality of the agricultural economy by providing a legal claim for relief for producers of agricultural commodities to recover damages for the disparagement of any agricultural commodity.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Disparagement" means dissemination to the public in any manner of any false information regarding the application of any agricultural chemical or process to agricultural commodities that is not based on reliable scientific data, that the disseminator knows or should have known to be false, and that causes the consuming public to doubt the safety of any agricultural commodity. "Disparagement" does not include dissemination to the public of information of any form by a food or food product wholesaler or retailer, their employees or owners.

(2) "Agricultural commodity" means products as defined in RCW 15.65.020.

NEW SECTION. Sec. 3. (1) Any producer of agricultural commodities who suffers damages as a result of another person's disparagement of any such agricultural commodity may bring an action for damages in a court of competent jurisdiction.

(2) In a case where damages are awarded under this section, the court shall award to the plaintiff all costs of the litigation, including reasonable attorneys' fees, investigation costs, and court costs. If the defendant's disparagement was malicious, the court shall also impose on the liable party a civil fine of three times actual damages to be paid to the plaintiff.

(3) Nothing in this section or section 1 of this act may be construed as applying to customary debate among members of the research community or to an opinion or concern of a member of the general public expressed in any news medium in a manner that is open to any member of the general public.

NEW SECTION. Sec. 4. A new section is added to chapter 4.24 RCW to read as follows:

In any civil action where damages are awarded for libel or slander involving a farm or a farm activity, the court shall award the plaintiff all costs of the litigation, including reasonable attorneys' fees, investigation costs, and court costs. If the defendant's libel or slander was malicious, the court shall also impose on the liable party a civil fine of three times actual damages to be paid to the plaintiff.

Sec. 5. RCW 4.16.080 and 1989 c 38 s 2 are each amended to read as follows:

The following actions shall be commenced within three years:

(1) An action for waste or trespass upon real property;

(2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated;

(3) Except as provided in RCW 4.16.040(2), an action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument;

(4) An action for relief upon the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud;

(5) An action against a sheriff, coroner, or constable upon a liability incurred by the doing of an act in his official capacity and by virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution; but this subdivision shall not apply to action for an escape;

(6) An action against an officer charged with misappropriation or a failure to properly account for public funds intrusted to his custody; an action upon a statute for penalty or forfeiture, where an action is given to the party aggrieved, or to such party and the state, except when the statute imposing it prescribed a different limitation: PROVIDED, HOWEVER, The cause of action for such misappropriation, penalty or forfeiture, whether for acts heretofore or hereafter done, and regardless of lapse of time or existing statutes of limitations, or the bar thereof, even though complete, shall not be deemed to accrue or to have accrued until discovery by the aggrieved party of the act or acts from which such liability has arisen or shall arise, and such liability, whether for acts heretofore or hereafter done, and regardless of lapse of time or existing statute of limitation, or the bar thereof, even though complete, shall exist and be enforceable for three years after discovery by aggrieved party of the act or acts from which such liability has arisen or shall arise;

(7) All actions for damages for disparagement of agricultural commodities brought under section 3 of this act.

NEW SECTION. Sec. 6. Sections 1 through 3 of this act shall constitute a new chapter in Title 7 RCW.

NEW SECTION. Sec. 7. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.