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

Terms Used In South Dakota Codified Laws 38-21-46

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(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.

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