TITLE 22

AGRICULTURE AND HORTICULTURE

CHAPTER 34

PESTICIDES AND CHEMIGATION

22-3417A.  Liability limited. There shall be no liability on the part of and no action for damages against any aerial pesticide applicator for the noise of application in the vicinity of a ratite farm if the applicator notifies the owner of the ratites not less than twenty-four (24) hours nor more than forty-eight (48) hours prior to the application. Provided however, that the applicator shall follow all federal aviation administration rules and regulations and all state statutes and rules regarding aerial applications. The provisions of this section shall not limit liability for harassment or willful violations of state or federal law or rules or regulations promulgated pursuant to those laws.

History:

[22-3417A, added 1995, ch. 217, sec. 1, p. 755.]