As used in this chapter: (1) "Disparagement" means the publication to a third party of a false factual statement; and (a) The published statement is of and concerning the plaintiff's specific perishable agricultural food product; (b) The statement clearly impugns the safety of the product; (c) The defendant intended the publication to cause harm to the plaintiff's pecuniary interest, or either recognized or reasonably should have recognized that it was likely to do so; (d) The defendant made the statement with actual malice, that is, he knew that the statement was false or acted in reckless disregard of its truth or falsity; and (e) The statement does in fact cause the plaintiff pecuniary loss. (2) "Perishable agricultural food product" means an agricultural product as defined in section 22-2602 , Idaho Code, intended for human consumption which is sold or distributed in a form that will perish or decay beyond marketability within a period of time.
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