217B.140 Claim of damage -- When filed ---- Statement of alleged pesticide use,

381 words·~2 min read·/ky/217b-140

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

contents -- Effect -- Inspection of damaged property.

(1)Investigations into claims of pesticide misuse conducted by the department shall

occur only when the applicator of the pesticide is required by this chapter and

related administrative regulations to obtain a license to use pesticides.

(2)Any person claiming pesticide misuse by a pesticide applicator shall file with the

department a written statement of alleged misuse. The statement shall be submitted

to the department:

(a)Within sixty

(60)days after the date the alleged pesticide misuse occurred; or

(b)Prior to the time that twenty-five percent (25%) of a crop affected by pesticide

misuse is harvested.

(3)A statement of alleged pesticide misuse shall contain:

(a)The name of the person allegedly responsible for the pesticide application;

(b)The name of the person who alleges misuse of pesticide;

(c)The name of the owner or lessee of the land where the effects of the alleged

pesticide application misuse are evident; and

(d)The date on which the alleged pesticide misuse occurred.

(4)The filing of a report or the failure to file a report need not be alleged in any

complaint for damages resulting from pesticide misuse which might be filed in a

court of law, and the failure to file the report shall not be considered any bar to the

maintenance of any criminal or civil action. Failure to file a report shall not be a

violation of this chapter. If the person failing to file the report is the only person

injured from the misuse of a pesticide, the department may, when in the public

interest, refuse to hold a hearing for the denial, suspension, or revocation of a

license or registration issued under this chapter until the report is filed.

(5)When pesticide misuse is alleged, the claimant shall permit the person allegedly

responsible for the application of the pesticide, registration holder, and his or her

representatives, such as a bondsman or insurer, to observe within reasonable hours,

the lands upon which alleged effects of pesticide misuse is evident in order that the

effects may be examined. Failure of the claimant to permit the observation and

examination of the location of the alleged effects shall automatically bar the claim

against the person allegedly responsible for the pesticide application misuse.