HOUSE BILL No. 4660 April 22, 1997, Introduced by Reps. Lowe, Goschka, Walberg, Oxender, McBryde, Middleton, Cropsey, Horton, McManus, Gernaat and Voorhees and referred to the Committee on Agriculture. A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 2965. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 SEC. 2965. (1) A PERSON THAT INTENTIONALLY DISPARAGES AN 2 AGRICULTURAL PRODUCT IS LIABLE IN A CIVIL ACTION FOR DAMAGES AND 3 FOR OTHER RELIEF THAT THE COURT CONSIDERS APPROPRIATE. IF A 4 PERSON IS FOUND IN A CIVIL ACTION FOR DAMAGES TO HAVE DISPARAGED 5 AN AGRICULTURAL PRODUCT, THE COURT SHALL AWARD DAMAGES IN THE 6 AMOUNT OF 3 TIMES THE ACTUAL DAMAGES. 7 (2) A PRODUCER THAT SUFFERS DAMAGES, AN ASSOCIATION THAT 8 REPRESENTS PRODUCERS THAT SUFFER DAMAGES, OR THE ATTORNEY GENERAL 9 ON BEHALF OF THE STATE OR AT A STATE DEPARTMENT'S REQUEST MAY 10 BRING AN ACTION UNDER THIS SECTION. AN ACTION SHALL NOT BE 11 BROUGHT UNDER THIS SECTION MORE THAN 2 YEARS AFTER THE LAST 02400'97 CPD 2 1 DISPARAGEMENT OF THE AGRICULTURAL PRODUCT BY THE PERSON THAT IS 2 LIABLE FOR THAT DISPARAGEMENT. 3 (3) IF AN ASSOCIATION REPRESENTING PRODUCERS BRINGS AN 4 ACTION UNDER THIS SECTION, THE ASSOCIATION SHALL NOTIFY EACH 5 PRODUCER MEMBER THAT SUFFERED OR MAY HAVE SUFFERED DAMAGES COM- 6 PENSABLE UNDER THIS SECTION. A PRODUCER REPRESENTED BY THE ASSO- 7 CIATION BRINGING AN ACTION MAY APPEAR THROUGH THE PRODUCER'S OWN 8 ATTORNEY OR MAY REQUEST EXCLUSION FROM THE ACTION. THE COURT 9 SHALL EXCLUDE A PRODUCER THAT REQUESTS EXCLUSION. IF AN ASSOCIA- 10 TION BRINGS AN ACTION UNDER THIS SECTION, A JUDGMENT IN THAT 11 ACTION, WHETHER FAVORABLE OR NOT, INCLUDES EACH OF THE 12 ASSOCIATION'S PRODUCER MEMBERS THAT RECEIVES NOTICE AND DOES NOT 13 REQUEST EXCLUSION, WHETHER OR NOT A PRODUCER MADE AN APPEARANCE 14 THROUGH THE PRODUCER'S ATTORNEY. 15 (4) A NOTICE REQUIRED BY SUBSECTION (3) SHALL STATE AT LEAST 16 ALL OF THE FOLLOWING: 17 (A) THAT THE COURT WILL EXCLUDE A PRODUCER MEMBER OF THE 18 ASSOCIATION IF, BY A SPECIFIED DATE, THE PRODUCER REQUESTS 19 EXCLUSION. 20 (B) THAT A PRODUCER MEMBER THAT DOES NOT REQUEST EXCLUSION 21 MAY APPEAR THROUGH THE PRODUCER'S OWN ATTORNEY. 22 (C) THAT A JUDGMENT IN THE ACTION, WHETHER FAVORABLE OR NOT, 23 INCLUDES EACH OF THE ASSOCIATION'S PRODUCER MEMBERS THAT RECEIVES 24 NOTICE AND DOES NOT REQUEST EXCLUSION, WHETHER OR NOT A PRODUCER 25 MADE AN APPEARANCE THROUGH THE PRODUCER'S ATTORNEY. 26 (5) IF AN ASSOCIATION REPRESENTING PRODUCERS RECOVERS MONEY 27 DAMAGES FOR ITS PRODUCER MEMBERS IN AN ACTION BROUGHT UNDER THIS 02400'97 3 1 SECTION, THE COURT SHALL ORDER THE ASSOCIATION TO SUBMIT A PLAN 2 FOR THE DISTRIBUTION OF THE MONEY DAMAGE AWARD TO THE ASSOCIATION 3 AND ITS PRODUCER MEMBERS THAT ARE INCLUDED IN THE JUDGMENT. THE 4 COURT MAY ACCEPT OR MODIFY THE ASSOCIATION'S PLAN WHEN ORDERING 5 THE DISTRIBUTION OF THE MONEY DAMAGES. 6 (6) AS USED IN THIS SECTION: 7 (A) "AGRICULTURAL PRODUCT" MEANS AN AGRICULTURAL OR AQUACUL- 8 TURAL COMMODITY THAT IS GROWN, RAISED, PRODUCED, DISTRIBUTED, OR 9 SOLD WITHIN THIS STATE. 10 (B) "DISPARAGE AN AGRICULTURAL PRODUCT" MEANS TO DISSEMINATE 11 TO THE PUBLIC IN ANY MANNER INFORMATION ABOUT AN AGRICULTURAL 12 PRODUCT THAT DIRECTLY INDICATES THAT THE AGRICULTURAL PRODUCT IS 13 NOT SAFE FOR HUMAN CONSUMPTION; THAT, AT THE TIME OF DISSEMINA- 14 TION, THE PERSON DISSEMINATING KNOWS IS INACCURATE; AND THAT IS 15 NOT BASED ON REASONABLE AND RELIABLE SCIENTIFIC INQUIRY, FACTS, 16 OR DATA. 17 (C) "PRODUCER" MEANS A PERSON WHO GROWS, RAISES, PRODUCES, 18 DISTRIBUTES, OR SELLS AN AGRICULTURAL PRODUCT. 02400'97 Final page. CPD