3-367.01. Report of loss, damage or nonperformance; effect of failure to file

A. A person suffering loss, damage or nonperformance on any agricultural, ornamental or silvicultural crop resulting from the use or application by others of a pesticide or a method or device for applying pesticides shall file with the department and with the person or persons who are alleged to have caused the loss, damage or nonperformance a written report as prescribed by subsection B within the following times:

1. For a growing crop, within thirty days after the damage is noticed or before fifty per cent of the affected portion of the crop is harvested.

2. For a crop if damage is not visible during growing, within fifteen working days after the damage was visible at harvest.

3. For a crop if damage was not visible during growing or at harvest and the crop is sold by the farmer, within fifteen working days after the farmer is notified of the damage by the buyer.

B. The report shall include, so far as is known to the claimant:

1. The name and address of the claimant.

2. The type, kind and location of property allegedly injured or damaged.

3. The date the alleged loss, damage or nonperformance occurred.

4. The name of the person allegedly responsible for the loss, damage or nonperformance.

5. The suspected pesticide or action that caused the loss, damage or nonperformance.

6. The name of the owner or occupant of the property on which the loss, damage or nonperformance occurred.

C. The failure to report damage as required under this section is prima facie evidence that no loss occurred.