S-4751.1 _______________________________________________
SUBSTITUTE SENATE BILL 6290
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State of Washington 53rd Legislature 1994 Regular Session
By Senate Committee on Agriculture (originally sponsored by Senators M. Rasmussen, Erwin, Loveland, Snyder, Newhouse, Sellar, Amondson and Bauer)
Read first time 02/02/94.
AN ACT Relating to protecting agriculture producers and products from defamation; adding a new chapter to Title 15 RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. It is the intent of the legislature to protect the free flow of agricultural products and producers, as well as enhancing the general public welfare by proscribing the dissemination of false and disparaging information.
NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Agricultural product" means a plant or animal or a product of a plant or animal, grown or raised for a commercial purpose as defined in RCW 15.65.020. The term also includes agricultural practices used in the production of the products.
(2) "Agricultural producer" means a person engaged in growing or raising an agricultural product, or manufacturing the product for consumer use.
(3) "Defamatory statement" means words disseminated about an agricultural producer that by their nature necessarily must or presumably will as their natural and proximate consequence prejudice him or her in his or her profession, trade, vocation, or office and occasion him or her pecuniary damage.
(4) "Disparaging statement" means words disseminated about an agricultural product that reflect negatively upon the quality, safety, or value of the product such that by their nature these words necessarily must or presumably will as their natural and proximate consequence occasion the agricultural producer of the agricultural product of which these words are disseminated pecuniary damage.
(5) "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 or should have known the statement was false.
(6) "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 correct.
(7) "Knowing the statement to be false" means the communicator knew or should have known that the statement was false.
NEW SECTION. Sec. 3. A person who willfully or purposefully disseminates a false and defamatory or disparaging statement, knowing the statement to be false, under circumstances in which the statement may be reasonably expected to be believed is liable to the producer for substantial damages without proving actual damages.
NEW SECTION. Sec. 4. If a false and defamatory statement is disseminated with reference 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, regardless of the size of the class.
NEW SECTION. Sec. 5. In a suit filed under section 4 of this act, complainant may also request an appropriate court order prohibiting the defendant from disseminating false and defamatory statements about the agricultural producer or its agricultural products in the future.
NEW SECTION. Sec. 6. In a suit brought under section 4 of this act, the prevailing party is entitled to an award of attorneys' fees in connection with the costs of the litigation.
NEW SECTION. Sec. 7. The statutory cause of action set out in this chapter is not intended to abrogate the common law action for product disparagement or any other cause of action otherwise available.
NEW SECTION. Sec. 8. Sections 1 through 7 of this act shall constitute a new chapter in Title 15 RCW.
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