80-8-301. Report of loss or damage -- effect of failure to report. (1) A person suffering loss or damage resulting from the use or application of any pesticide by any person shall, within 30 days from the time the occurrence of the loss became known to the person, file with the department of agriculture a verified report of loss setting forth, so far as known to the claimant, the following:
(a) name and address of claimant;
(b) type, kind, and location of property alleged to be injured or damaged;
(c) date the alleged injury or damage occurred;
(d) name of person applying the pesticide and allegedly responsible for the loss or damage;
(e) name of the owner or occupant of the property for whom the pesticide application was made.
(2) The filing of a report or the failure to file a report may not be alleged in any complaint that might be filed in a court of law, and the failure to file may not of itself be considered any bar to the maintenance of a criminal or civil action.
(3) The failure to file a report is not a violation of this chapter. However, if the person failing to file a report is the only one injured from the use or application of a pesticide by any person, the department may refuse to hold a hearing for the denial, suspension, or revocation of a license issued under this chapter until the report is filed. The filing of a report does not constitute institution of a civil or criminal suit in any court, state or federal.
History: En. Sec. 21, Ch. 403, L. 1971; R.C.M. 1947, 27-233; amd. Sec. 5, Ch. 184, L. 1981; amd. Sec. 2603, Ch. 56, L. 2009.
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