3.2-3911 - Damages resulting from pesticide use or application.
§ 3.2-3911. Damages resulting from pesticide use or application.
A. Any person claiming damages from the use or application of any pesticideclassified for restricted use shall file with the Commissioner a writtenstatement within 60 days after the date that damages occurred and, if agrowing crop is alleged to have been damaged, prior to the time that 25percent of the crop has been harvested. Such statement shall contain: (i) thename of the person allegedly responsible for the application of suchpesticide; (ii) the name of the owner or lessee of the property where thecrop is grown and the damage is alleged to have occurred; and (iii) the dateof the alleged damage. Upon receipt of the statement, the Commissioner shallnotify the certificate holder and the owner or lessee of the property orother person who may be charged with the responsibility of the damagesclaimed, and furnish copies of the statement as requested.
B. The Commissioner shall inspect damages where possible and make hisfindings available to the parties. The claimant shall permit theCommissioner, the certificate holder, and his representatives to observewithin reasonable hours any plants, animals, or other property alleged tohave been damaged. Failure of the claimant to permit such observation andexamination of the damaged property shall relieve the Commissioner ofresponsibility to take further action with reference to that claim.
C. The filing of a statement or the failure to file a statement need not bealleged in any complaint filed in a court of law. The failure to file thestatement shall not be considered a bar to the maintenance of any criminal orcivil action.
(1975, c. 377, § 3.1-249.10; 1981, c. 260; 1989, c. 575, § 3.1-249.56; 2008,c. 860.)