{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-3911.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-3911.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-3911.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-3911.html"}],"law_id":72075,"edition_id":1,"section_id":72075,"structure_id":15092,"section_number":"3.2-3911","catch_line":"Damages resulting from pesticide use or application","history":"1975, c. 377, \u00a7 3.1-249.10; 1981, c. 260; 1989, c. 575, \u00a7 3.1-249.56; 2008, c. 860.","full_text":"A\n\nAny person claiming damages from the use or application of any pesticide classified for restricted use shall file with the Commissioner a written statement within 60 days after the date that damages occurred and, if a growing crop is alleged to have been damaged, prior to the time that 25 percent of the crop has been harvested. Such statement shall contain: (i) the name of the person allegedly responsible for the application of such pesticide; (ii) the name of the owner or lessee of the property where the crop is grown and the damage is alleged to have occurred; and (iii) the date of the alleged damage. Upon receipt of the statement, the Commissioner shall 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 the statement as requested.B\n\nThe Commissioner shall inspect damages where possible and make his findings available to the parties. The claimant shall permit the Commissioner, the certificate holder, and his representatives to observe within reasonable hours any plants, animals, or other property alleged to have been damaged. 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.C\n\nThe filing of a statement or the failure to file a statement need not be alleged in any complaint filed in a court of law. The failure to file the statement shall not be considered a bar to the maintenance of any criminal or civil action.","order_by":null,"text":{"0":{"id":259700,"text":"Any person claiming damages from the use or application of any pesticide classified for restricted use shall file with the Commissioner a written statement within 60 days after the date that damages occurred and, if a growing crop is alleged to have been damaged, prior to the time that 25 percent of the crop has been harvested. Such statement shall contain: (i) the name of the person allegedly responsible for the application of such pesticide; (ii) the name of the owner or lessee of the property where the crop is grown and the damage is alleged to have occurred; and (iii) the date of the alleged damage. Upon receipt of the statement, the Commissioner shall 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 the statement as requested.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":259701,"text":"The Commissioner shall inspect damages where possible and make his findings available to the parties. The claimant shall permit the Commissioner, the certificate holder, and his representatives to observe within reasonable hours any plants, animals, or other property alleged to have been damaged. 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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":259702,"text":"The filing of a statement or the failure to file a statement need not be alleged in any complaint filed in a court of law. The failure to file the statement shall not be considered a bar to the maintenance of any criminal or civil action.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15092,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13103,"metadata":{},"date_created":"2026-06-26 03:52:06","date_modified":"2026-06-26 03:52:06","permalink":{"id":195859,"object_type":"structure","relational_id":15092,"identifier":"1","token":"3.2\/III\/39\/1","url":"\/3.2\/III\/39\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13103,"edition_id":1,"name":"Pesticide Control","identifier":"39","label":"chapter","depth":3,"order_by":1,"parent_id":13102,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":195857,"object_type":"structure","relational_id":13103,"identifier":"39","token":"3.2\/III\/39","url":"\/3.2\/III\/39\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13102,"edition_id":1,"name":"Production and Sale of Agricultural Products","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12793,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":195443,"object_type":"structure","relational_id":13102,"identifier":"III","token":"3.2\/III","url":"\/3.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12793,"edition_id":1,"name":"Agriculture, Animal Care, and Food","identifier":"3.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":193939,"object_type":"structure","relational_id":12793,"identifier":"3.2","token":"3.2","url":"\/3.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63769,"structure_id":15092,"section_number":"3.2-3900","catch_line":"Definitions","url":"\/3.2-3900\/","token":"3.2\/III\/39\/1\/3.2-3900","metadata":false},{"id":66023,"structure_id":15092,"section_number":"3.2-3901","catch_line":"Repealed","url":"\/3.2-3901\/","token":"3.2\/III\/39\/1\/3.2-3901","metadata":false},{"id":61056,"structure_id":15092,"section_number":"3.2-3904","catch_line":"Powers and duties of the Board","url":"\/3.2-3904\/","token":"3.2\/III\/39\/1\/3.2-3904","metadata":false},{"id":69195,"structure_id":15092,"section_number":"3.2-3905","catch_line":"Repealed","url":"\/3.2-3905\/","token":"3.2\/III\/39\/1\/3.2-3905","metadata":false},{"id":61539,"structure_id":15092,"section_number":"3.2-3906","catch_line":"Board to adopt regulations","url":"\/3.2-3906\/","token":"3.2\/III\/39\/1\/3.2-3906","metadata":false},{"id":62168,"structure_id":15092,"section_number":"3.2-3907","catch_line":"Delegation of authority; exclusive authority to regulate","url":"\/3.2-3907\/","token":"3.2\/III\/39\/1\/3.2-3907","metadata":false},{"id":79394,"structure_id":15092,"section_number":"3.2-3908","catch_line":"Protection of trade secrets and other information","url":"\/3.2-3908\/","token":"3.2\/III\/39\/1\/3.2-3908","metadata":false},{"id":79564,"structure_id":15092,"section_number":"3.2-3909","catch_line":"Reports of pesticide accidents and incidents","url":"\/3.2-3909\/","token":"3.2\/III\/39\/1\/3.2-3909","metadata":false},{"id":57516,"structure_id":15092,"section_number":"3.2-3910","catch_line":"Complaints to Commissioner or the Board","url":"\/3.2-3910\/","token":"3.2\/III\/39\/1\/3.2-3910","metadata":false},{"id":72075,"structure_id":15092,"section_number":"3.2-3911","catch_line":"Damages resulting from pesticide use or application","url":"\/3.2-3911\/","token":"3.2\/III\/39\/1\/3.2-3911","metadata":false},{"id":74997,"structure_id":15092,"section_number":"3.2-3912","catch_line":"Pesticide Control Fund established","url":"\/3.2-3912\/","token":"3.2\/III\/39\/1\/3.2-3912","metadata":false},{"id":62765,"structure_id":15092,"section_number":"3.2-3913","catch_line":"Exclusion of medicinal and toilet preparations","url":"\/3.2-3913\/","token":"3.2\/III\/39\/1\/3.2-3913","metadata":false}],"previous_section":{"id":57516,"structure_id":15092,"section_number":"3.2-3910","catch_line":"Complaints to Commissioner or the Board","url":"\/3.2-3910\/","token":"3.2\/III\/39\/1\/3.2-3910","metadata":false},"next_section":{"id":74997,"structure_id":15092,"section_number":"3.2-3912","catch_line":"Pesticide Control Fund established","url":"\/3.2-3912\/","token":"3.2\/III\/39\/1\/3.2-3912","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-3911\/","history_text":"

This law was first created in 1975. The record of its establishment is cataloged in chapter 377 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1975 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1981, chapter 260; in 1989, chapter 575; in 2008, chapter 860<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":195897,"object_type":"law","relational_id":72075,"identifier":"3.2-3911","token":"3.2\/III\/39\/1\/3.2-3911","url":"\/3.2-3911\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-3911\/","token":"3.2\/III\/39\/1\/3.2-3911","dublin_core":{"Title":"Damages resulting from pesticide use or application","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-3911","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person claiming damages<\/span> from the use or application of any pesticide classified for restricted use<\/span> shall file with the Commissioner<\/span> a written statement within 60 days after the date that damages<\/span> occurred and, if a growing crop is alleged to have been damaged, prior to the time that 25 percent of the crop has been harvested. Such statement shall contain: (i) the name of the person allegedly responsible for the application of such pesticide; (ii) the name of the owner or lessee of the property where the crop is grown and the damage is alleged to have occurred; and (iii) the date of the alleged damage. Upon receipt of the statement, the Commissioner<\/span> shall notify the certificate<\/span> holder and the owner or lessee of the property or other person who may be charged with the responsibility of the damages<\/span> claimed, and furnish copies of the statement as requested. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commissioner<\/span> shall inspect damages<\/span> where possible and make his findings<\/span> available to the parties. The claimant shall permit the Commissioner<\/span>, the certificate<\/span> holder, and his representatives to observe within reasonable hours any plants, animals, or other property alleged to have been damaged. Failure of the claimant to permit such observation and examination of the damaged property shall relieve the Commissioner<\/span> of responsibility to take further action with reference to that claim. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The filing of a statement or the failure to file a statement need not be alleged in any complaint filed in a court<\/span> of law<\/span>. The failure to file the statement shall not be considered a bar to the maintenance of any criminal or civil action<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDAMAGES RESULTING FROM PESTICIDE USE OR APPLICATION (\u00a7 3.2-3911)\n\nA. Any person claiming damages from the use or application of any pesticide\nclassified for restricted use shall file with the Commissioner a written\nstatement within 60 days after the date that damages occurred and, if a growing\ncrop is alleged to have been damaged, prior to the time that 25 percent of the\ncrop has been harvested. Such statement shall contain: (i) the name of the\nperson allegedly responsible for the application of such pesticide; (ii) the\nname of the owner or lessee of the property where the crop is grown and the\ndamage is alleged to have occurred; and (iii) the date of the alleged damage.\nUpon receipt of the statement, the Commissioner shall notify the certificate\nholder and the owner or lessee of the property or other person who may be\ncharged with the responsibility of the damages claimed, and furnish copies of\nthe statement as requested.\n\nB. The Commissioner shall inspect damages where possible and make his findings\navailable to the parties. The claimant shall permit the Commissioner, the\ncertificate holder, and his representatives to observe within reasonable hours\nany plants, animals, or other property alleged to have been damaged. Failure of\nthe claimant to permit such observation and examination of the damaged property\nshall relieve the Commissioner of responsibility to take further action with\nreference to that claim.\n\nC. The filing of a statement or the failure to file a statement need not be\nalleged in any complaint filed in a court of law. The failure to file the\nstatement shall not be considered a bar to the maintenance of any criminal or\ncivil action.\n\nHISTORY: 1975, c. 377, \u00a7 3.1-249.10; 1981, c. 260; 1989, c. 575, \u00a7 3.1-249.56;\n2008, c. 860.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}