South Dakota § 38-21-46 Notice of damage--Requirements--Exception.

South Dakota Statutes

§ 38-21-46 — Notice of damage--Requirements--Exception.

South Dakota § 38-21-46

Title 38AGRICULTURE AND HORTICULTURE

Ch. 38-19AAGRICULTURAL PESTICIDE APPLICATION

This text of South Dakota § 38-21-46 (Notice of damage--Requirements--Exception.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 38-21-46 (2026).

Text

Any person claiming damages from any use of a pesticide shall notify by certified mail the pesticide applicator of the alleged damage within the earlier of:

(1)Thirty days after the date that the damages were observed or should have been observed; or (2) If a growing crop is alleged to have been damaged, before the time that twenty - five percent of the crop has been harvested or destroyed. This section does not apply if the person seeking reimbursement for damage was the applicator of the pesticide.

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Any person claiming damages from any use of a pesticide shall notify by certified mail the pesticide applicator of the alleged damage within the earlier of: (1) Thirty days after the date that the damages were observed or should have been observed; or (2) If a growing crop is alleged to have been damaged, before the time that twenty - five percent of the crop has been harvested or destroyed. This section does not apply if the person seeking reimbursement for damage was the applicator of the pesticide.