                                 CODE OF VIRGINIA

DAMAGES RESULTING FROM PESTICIDE USE OR APPLICATION (§ 3.2-3911)

A. 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.

B. 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.

C. 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.

HISTORY: 1975, c. 377, § 3.1-249.10; 1981, c. 260; 1989, c. 575, § 3.1-249.56;
2008, c. 860.