1-1  By:  Turner of Coleman, et al.                         H.B. No. 722
    1-2       (Senate Sponsor - Lucio)
    1-3        (In the Senate - Received from the House April 3, 1995;
    1-4  April 4, 1995, read first time and referred to Committee on Natural
    1-5  Resources; April 20, 1995, reported favorably by the following
    1-6  vote:  Yeas 8, Nays 0; April 20, 1995, sent to printer.)
    1-7                         A BILL TO BE ENTITLED
    1-8                                AN ACT
    1-9  relating to liability for false disparagement of perishable food
   1-10  products.
   1-11        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-12        SECTION 1.  Title 4, Civil Practice and Remedies Code, is
   1-13  amended by adding Chapter 96 to read as follows:
   1-14     CHAPTER 96.  FALSE DISPARAGEMENT OF PERISHABLE FOOD PRODUCTS
   1-15        Sec. 96.001.  DEFINITION.  In this chapter, "perishable food
   1-16  product" means a food product of agriculture or aquaculture that is
   1-17  sold or distributed in a form that will perish or decay beyond
   1-18  marketability within a limited period of time.
   1-19        Sec. 96.002.  LIABILITY. (a)  A person is liable as provided
   1-20  by Subsection (b) if:
   1-21              (1)  the person disseminates in any manner information
   1-22  relating to a perishable food product to the public;
   1-23              (2)  the person knows the information is false; and
   1-24              (3)  the information states or implies that the
   1-25  perishable food product  is not safe for consumption by the public.
   1-26        (b)  A person who is liable under Subsection (a) is liable to
   1-27  the producer of the perishable food product for damages and any
   1-28  other appropriate relief arising from the person's dissemination of
   1-29  the information.
   1-30        Sec. 96.003.  PROOF.  In determining if information is false,
   1-31  the trier of fact shall consider whether the information was based
   1-32  on reasonable and reliable scientific inquiry, facts, or data.
   1-33        Sec. 96.004.  CERTAIN MARKETING OR LABELING EXCLUDED.  A
   1-34  person is not liable under this chapter for marketing or labeling
   1-35  any agricultural product in a manner that indicates that the
   1-36  product:
   1-37              (1)  was grown or produced by using or not using a
   1-38  chemical or drug;
   1-39              (2)  was organically grown; or
   1-40              (3)  was grown without the use of any synthetic
   1-41  additive.
   1-42        SECTION 2.  This Act takes effect September 1, 1995, and
   1-43  applies only to information disseminated on or after that date.
   1-44        SECTION 3.  The importance of this legislation and the
   1-45  crowded condition of the calendars in both houses create an
   1-46  emergency and an imperative public necessity that the
   1-47  constitutional rule requiring bills to be read on three several
   1-48  days in each house be suspended, and this rule is hereby suspended.
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