§ 3.1-249.56. (Repealed effective October 1, 2008) Reports of pesticide accidents, incidents or loss
A. The Board shall by regulation require the reporting of significant pesticide accidents or incidents which constitute a threat to humans or the environment to appropriate governmental agencies. To the extent feasible, the accident reporting requirements shall be consistent with similar reports required under other laws.
B. Any person claiming damages from the use or application of any pesticide classified for restricted use shall file with the Commissioner a written statement claiming that he has been damaged, within sixty days after the date that damages occurred. If a growing crop is alleged to have been damaged, the statement must be filed prior to the time that twenty-five percent of the crop has been harvested. Such statement shall contain, but shall not be limited to, the name of the person allegedly responsible for the application of such pesticide, the name of the owner or lessee of the property on which the crop is grown and for which damage is alleged to have occurred, and the date on which the alleged damage occurred. The Commissioner shall, upon receipt of such statement, notify the certificate holder and the owner or lessee of the property or other person who may be charged with the responsibility of the damages claimed, and furnish copies of such statements as may be requested. The Commissioner shall inspect damages where possible and his findings shall be made available to the parties.
The filing of such statement or the failure to file such statement need not be alleged in any complaint which might be filed in a court of law, and the failure to file the statement shall not be considered any bar to the maintenance of any criminal or civil action.
Where damage is alleged to have occurred, the claimant shall permit the Commissioner, the certificate holder and his representatives, such as bondsman or insurer, to observe within reasonable hours any plants, animals or other property alleged to have been damaged in order that such damage may be examined. Failure of the claimant to permit such observation and examination of the damaged property shall relieve the Commissioner of responsibility to take further action with reference to that claim.
(1975, c. 377; 1981, c. 260, § 3.1-249.10; 1989, c. 575.)
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