State of South Dakota


SOUTH DAKOTA CODIFIED LAWS
TITLE 20. PERSONAL RIGHTS AND OBLIGATIONS
CHAPTER 20-10A. LIABILITY FOR DISPARAGEMENT OF AGRICULTURAL FOOD PRODUCTS

20-10A-1. Definition of terms

Terms used in this chapter mean:

(1) "Agricultural food product," any food product of agriculture or aquaculture that is sold or distributed in a form that will perish or decay beyond marketability within a period of time; and

(2) "Disparagement," dissemination in any manner to the public of any information that the disseminator knows to be false and that states or implies that an agricultural food product is not safe for consumption by the public or that generally accepted agricultural and management practices make agricultural food products unsafe for consumption by the public;

(3) "Generally accepted agricultural and management practices," agronomic and animal husbandry procedures used in the production of agricultural goods including tillage options, fertilizers, crop protection practices for crop production, and the feeding, transporting, housing, and health practices for livestock.

20-10A-2. Cause of action for damages

Any producer of perishable agricultural food products who suffers damage as a result of another person's disparagement of any such perishable agricultural food product has a cause of action for damages and any other appropriate relief in a court of competent jurisdiction.

20-10A-3. Liability for damages

Any person who disparages a perishable agricultural food product with intent to harm the producer is liable to the producer for treble the damages so caused.

20-10A-4. Limitation on actions for damages

Any civil action for damages for disparagement of perishable agricultural food products shall be commenced within one year after the cause of action accrues.


March 19, 1998