206.14 - REPORTS OF PESTICIDE ACCIDENTS, INCIDENTS OR LOSS.
206.14 REPORTS OF PESTICIDE ACCIDENTS, INCIDENTS OR
LOSS.
1. The secretary may by rule require the reporting of significant
pesticide accidents or incidents to a designated state agency.
2. Any person claiming damages from a pesticide application shall
have filed with the secretary on a form prescribed by the secretary a
written statement claiming that the person has been damaged.
a. This report shall have been filed within sixty days after
the alleged date that damages occurred. If a growing crop is alleged
to have been damaged, the report must be filed prior to the time that
twenty-five percent of the crop has been harvested. Such statement
shall contain, but shall not be limited to the name of the person
allegedly responsible for the application of said pesticide, the name
of the owner or lessee of the land on which the crop is grown and for
which damage is alleged to have occurred, and the date on which the
alleged damage occurred.
b. The secretary shall prepare a form to be furnished to
persons to be used in such cases and such form shall contain such
other requirements as the secretary may deem proper. The secretary
shall, upon receipt of such statement, notify the licensee and the
owner or lessee of the land or other person who may be charged with
the responsibility of the damages claimed, and furnish copies of such
statements as may be requested. The secretary shall inspect damages
whenever possible and when the secretary determines that the
complaint has sufficient merit the secretary shall make such
information available to the person claiming damage and to the person
who is alleged to have caused the damage.
3. The filing of such a report or failure to give notice shall
not preclude recovery in an action for damages and shall not affect
the limitations of actions set forth in chapter 614. Nothing herein
shall prohibit an action for damages for bodily injury or death to
any person.
a. The filing of such report or the failure to file such a
report shall not be a violation of this chapter. However, if the
person failing to file such report is the only one injured from such
use or application of a pesticide by others, the secretary may, when
in the public interest, refuse to hold a hearing for the denial,
suspension or revocation of a license or permit issued under this
chapter until such report is filed.
b. Where damage is alleged to have occurred, the claimant
shall permit the secretary, the licensee and the licensee's
representatives, such as surety or insurer, to observe within
reasonable hours the lands or nontarget organism alleged to have been
damaged in order that such damage may be examined. Failure of the
claimant to permit such observation and examination of the damaged
lands shall automatically bar the claim against the licensee.
4. The secretary shall require, by rule, that veterinarians
licensed and practicing veterinary medicine in the state promptly
report to the department a case of domestic livestock poisoning or
suspected poisoning by agricultural chemicals. Section History: Early Form
[C73, § 206.13, 455B.102; C75, 77, § 206.14, 455B.102; C79, §
206.14, 455B.132; C81, § 206.14]
Referred to in § 139A.21