TITLE 22

AGRICULTURE AND HORTICULTURE

CHAPTER 34

PESTICIDES AND CHEMIGATION

22-3417.  Damage claims. (1) Any individual suffering loss or damage resulting from the use or application by others of any pesticide must file with the department a written report of loss which contains but is not limited to the following information:

(a)  The name and address of the claimant; and

(b)  the type of property alleged to be damaged; and

(c)  the name of the individual applying the pesticide and allegedly responsible; and

(d)  the name of the owner or lessee of the property for whom such application of pesticide was made.

This report must be filed within sixty (60) days of the occurrence of the alleged damage, or prior to the harvest of more than twenty-five percent (25%) of such damaged crop.

(2)  The filing of such report or the failure to file such a report need not be alleged in any complaint which might be filed in a court of law, and the failure to file the report shall not be considered a bar to the maintenance of any criminal or civil action.

(3)  The failure to file such a report shall not be a violation of this act.

(4)  The department may investigate and determine the nature and extent of the alleged damage.

(5)  The department shall prepare and file in its office a report of its investigation.

(6)  Copies of the report made by the department may be given upon request to individuals who are financially interested in the matter.

History:

[22-3417, added 1976, ch. 190, sec. 2, p. 701.]