22-3417. DAMAGE CLAIMS. (1) Any individual suffering loss or damage resulting from the use or application by others of any pesticide must file with the department a written report of loss which contains but is not limited to the following information:
(a) The name and address of the claimant; and
(b) the type of property alleged to be damaged; and
(c) the name of the individual applying the pesticide and allegedly responsible; and
(d) the name of the owner or lessee of the property for whom such application of pesticide was made.
This report must be filed within sixty (60) days of the occurrence of the alleged damage, or prior to the harvest of more than twenty-five percent (25%) of such damaged crop.
(2) The filing of such report or the failure to file such a report need not be alleged in any complaint which might be filed in a court of law, and the failure to file the report shall not be considered a bar to the maintenance of any criminal or civil action.
(3) The failure to file such a report shall not be a violation of this act.
(4) The department may investigate and determine the nature and extent of the alleged damage.
(5) The department shall prepare and file in its office a report of its investigation.
(6) Copies of the report made by the department may be given upon request to individuals who are financially interested in the matter.
History:
[22-3417, added 1976, ch. 190, sec. 2, p. 701.]
Structure Idaho Code
Title 22 - AGRICULTURE AND HORTICULTURE
Chapter 34 - PESTICIDES AND CHEMIGATION
Section 22-3401 - DEFINITIONS.
Section 22-3402 - REGISTRATION — LABELS — INFORMATION REQUIRED — FEES.
Section 22-3403 - EXPERIMENTAL PERMITS.
Section 22-3404 - PESTICIDE AND CHEMIGATION APPLICATORS — CLASSIFICATION LICENSING REQUIREMENTS.
Section 22-3406 - PESTICIDE DEALERS.
Section 22-3406A - RESPONSIBILITIES OF CHEMICAL SUPPLIERS.
Section 22-3406B - CHEMIGATOR RESPONSIBILITIES.
Section 22-3407 - REQUALIFICATION.
Section 22-3407B - DEPARTMENT TO COMPILE LIST.
Section 22-3408 - STOP SALE, USE OR REMOVAL ORDER AND CHEMIGATION STOP WORK ORDER.
Section 22-3409 - DENIAL, SUSPENSION, OR REVOCATION OF A LICENSE OR PERMIT.
Section 22-3410 - RECIPROCITY.
Section 22-3411 - CHANGE OF ADDRESS OR PLACE OF BUSINESS.
Section 22-3412 - DELEGATION OF DUTIES.
Section 22-3413 - CONTAINER DISPOSAL.
Section 22-3415 - FEES COLLECTED — DISPOSITION.
Section 22-3416 - COOPERATION WITH OTHER AGENCIES.
Section 22-3417 - DAMAGE CLAIMS.
Section 22-3417A - LIABILITY LIMITED.
Section 22-3418 - RESTRICTED PESTICIDE USE.
Section 22-3419 - PROCEDURE FOR ESTABLISHING A RESTRICTED AREA.
Section 22-3420 - PROHIBITED ACTS.
Section 22-3421 - ADOPTION AND SCOPE OF RULES.
Section 22-3422 - PENALTIES FOR OPERATING WITHOUT LICENSE.
Section 22-3423 - PENALTY FOR VIOLATIONS.
Section 22-3424 - REVIEW OF ACTION OF DIRECTOR.