38-21-46. Notice of damage–Requirements–Exception.
Any person claiming damages from any use of a pesticide shall notify by certified mail the pesticide applicator of the alleged damage within the earlier of:
(1)Thirty days after the date that the damages were observed or should have been observed; or
(2)If a growing crop is alleged to have been damaged, before the time that twenty-five percent of the crop has been harvested or destroyed.
This section does not apply if the person seeking reimbursement for damage was the applicator of the pesticide.
Source: SL 1974, ch 255, §20; SL 1991, ch 326, §18; SL 2020, ch 174, § 18.