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SF 5136

Civil cause of action establishment for disparagement of perishable food products

2025-2026 Regular Session

Minnesota would create a civil cause of action allowing perishable food producers to sue knowingly false disparagement about safety or farming practices, with damages and a one-yea

Referred to Judiciary and Public Safety
#foodandnutrition #legalproceedings
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Bill Summary · SF 5136

Summary of Bill SF 5136 (2025-2026) – Minnesota

Title

Civil cause of action establishment for disparagement of perishable food products

Purpose and Intent

The bill creates a new civil cause of action in Minnesota law that allows a perishable food product producer to sue individuals who disparage their product with the intent to harm the producer’s reputation. If the disparagement involves false statements about safety for human consumption or about the agricultural practices used, the producer may recover damages and other court-ordered relief.

Key Provisions and Changes Proposed

  • Section 604.125 – Disparagement of Perishable Food Products
    • A plaintiff (the perishable food product producer) may bring a civil action against an individual who disparages the producer’s product with the intent to harm the producer’s reputation.
    • Liability requires that the individual knowingly makes false statements asserting that: 1) The perishable food product is not safe for human consumption; or 2) The agricultural practices used to produce the product render it not safe for human consumption.
    • Remedies: If the court finds disparagement under (a), it may award general damages, special damages, or other relief that the court deems just and equitable.
    • Statute of limitations: An action must be commenced within one year of when the cause of action arose.
    • Definitions:
    • “Agricultural practices” include practices in crop or livestock production, specifically mentioning fertilizers, tillage, crop protection practices, feeding, transporting, housing, and health practices in livestock production.
    • “Perishable food product” is defined as per the meaning in MN Statutes, section 34A.01, subdivision 9.
    • Note: The disparagement must be with the intent to harm the producer’s reputation, and the statements must be knowingly false to trigger liability.

Who/What is Affected

  • Affected Party: Perishable food product producers in Minnesota who may pursue a civil claim.
  • Potential Defendants: Individuals who disparage a producer’s perishable food product through knowingly false statements about safety or agricultural practices.
  • Other Stakeholders: Courts, potentially media, influencers, or other communicators who disseminate statements about perishable food products and agricultural methods (in the context of the statute).

Procedural and Timeline Aspects

  • Filing Deadline: Action must be filed within one year after the cause of action arises.
  • Jurisdiction: Civil action in Minnesota state courts (as a new section within Minnesota Statutes, chapter 604).
  • Standards: The plaintiff must prove that the disparagement statements were knowingly false and made with intent to harm the producer’s reputation; a court may award damages or other just relief as appropriate.

Practical Implications and Considerations

  • The bill targets reputational harm related to safety and agricultural practices of perishable food products.
  • It creates a relatively short statute of limitations (one year) for this specific claim.
  • The requirement of “knowingly” false statements and “intent to harm” sets a mens rea threshold that could influence how claims are litigated.
  • Definitions align with existing statutory meanings for “perishable food product” and “agricultural practices,” ensuring consistency with related Minnesota law.
  • The scope could cover statements in advertising, online postings, press releases, or other communications that meet the standard of disparagement under the statute.

Status

  • Introduced and referred to the Judiciary and Public Safety committee as of April 15, 2026.

Compiled from official sources — confirm details with the bill’s official record.

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