2-2457a. Statement of claim of damage from pesticide application; filing with secretary; forms; effect of failure to file. (a) Because pesticides have short residual life, a person damaged from pesticide application shall file with [the] secretary, within 60 days after the date the damage was discovered, a written statement, on a form prescribed by the secretary, claiming that the person has been damaged. The statement shall contain, but shall not be limited to, the name of the person responsible for the application of the pesticide, if known, the name of the owner or lessee of the land on which the pesticide was being applied at the time the alleged damage occurred, if known, and the name of the owner or lessee of the land on which it is alleged that the damage occurred.
(b) The secretary shall prepare a form to be furnished to persons for use in such cases and such forms shall contain such other information as the secretary may deem proper. The secretary shall send a duplicate copy of this statement to the person responsible for the application of the pesticide, if known, and to the owner or lessee of the land to which the pesticide was being applied at the time the alleged damage occurred, if known, or other person who may be charged with the responsibility for the alleged damage.
(c) The failure to file a report pursuant to this section:
(1) Shall create a rebuttable presumption that the alleged damage did not result from the pesticide application;
(2) shall not preclude the maintenance of any criminal or civil action; and
(3) shall not constitute a violation of the Kansas pesticide law.
(d) This section shall be part of and supplemental to the Kansas pesticide law.
History: L. 1986, ch. 8, ยง 1; April 17.
Structure Kansas Statutes
2-2439 Administration of act; rules and regulations.
2-2440a Pesticide business licensee requirements.
2-2440b Unlawful acts; pest control technician registration, requirements and fees.
2-2441a Commercial applicator's certificate; exemptions; application and fees; expiration.
2-2442 Same; temporary permit; examination.
2-2443a Same; examination; reciprocity; fees; subjects included in examination.
2-2444a Categories of qualification for certification and licensing; subdivision by secretary.
2-2446 Renewal of certification or registration.
2-2447 Nonresident applicant for license; consent to action for damages; service of process.
2-2449 Grounds for denial, suspension, revocation or modification of license.
2-2452 Appeal of denial, suspension or revocation.
2-2456 Registration and marking of equipment.
2-2459a Courses of instruction.
2-2460a Cooperation with other agencies; educational institutions or persons.
2-2464a Disposition of moneys; pesticide use fee fund.
2-2467a Rules and regulations.
2-2470 Allowable pesticide applications by the applicator.
2-2471 Rule and regulation authority to the secretary to limit pesticide use.
2-2472 Pesticide management areas; development by the secretary.
2-2474 Same; public hearing concerning designation; notice.
2-2475 Temporary pesticide management areas; secretary authorization.
2-2476 Pesticide management area; order of designation.
2-2477 Same; secretary authorization to revoke, modify or expand.
2-2478 Same; use of pesticides in area; civil penalty; appeal procedure.
2-2479 Same; statewide education program on areas and plans.
2-2480 Uniformity of pesticide law; state has exclusive jurisdiction.