§ 32-44-01 — Definitions

As used in this chapter, unless the context otherwise requires:
1. "Agricultural producer" means any person engaged in growing, raising, distributing, or
selling an agricultural product, or manufacturing the product for consumer use.
2. "Agricultural product" means any plant or animal, or the product of a plant or animal,
grown, raised, distributed, or sold for a commercial purpose. The term also includes
any agricultural practices used in the production of such products.
3. "Defamatory statement" means intentional words or conduct which reflects on the
character or reputation of another or upon the quality, safety, or value of another's
property in a manner which tends:
a. To lower another in the estimation of the community;
b. To deter third persons from dealing with another; or
c. To deter third persons from buying the products of another.
4. "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 the statement was false.
5. "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 based upon reasonable and
reliable scientific inquiry, data, or facts.
6. "Knowing the statement to be false" means the communicator knew the statement was
false or acted with reckless disregard of whether the statement was false.