As used in this chapter:
(1) “Disparagement” means the publication to a third party of a false factual statement; and The published statement is of and concerning the plaintiff’s specific perishable agricultural food product;
(2) The statement clearly impugns the safety of the product;
(3) 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;
(4) 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
(5) The statement does in fact cause the plaintiff pecuniary loss.
(6) “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.