206.14 - REPORTS OF PESTICIDE ACCIDENTS, INCIDENTS OR LOSS.

        206.14  REPORTS OF PESTICIDE ACCIDENTS, INCIDENTS OR
      LOSS.
         1.  The secretary may by rule require the reporting of significant
      pesticide accidents or incidents to a designated state agency.
         2.  Any person claiming damages from a pesticide application shall
      have filed with the secretary on a form prescribed by the secretary a
      written statement claiming that the person has been damaged.
         a.  This report shall have been filed within sixty days after
      the alleged date that damages occurred.  If a growing crop is alleged
      to have been damaged, the report 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 said pesticide, the name
      of the owner or lessee of the land on which the crop is grown and for
      which damage is alleged to have occurred, and the date on which the
      alleged damage occurred.
         b.  The secretary shall prepare a form to be furnished to
      persons to be used in such cases and such form shall contain such
      other requirements as the secretary may deem proper.  The secretary
      shall, upon receipt of such statement, notify the licensee and the
      owner or lessee of the land 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 secretary shall inspect damages
      whenever possible and when the secretary determines that the
      complaint has sufficient merit the secretary shall make such
      information available to the person claiming damage and to the person
      who is alleged to have caused the damage.
         3.  The filing of such a report or failure to give notice shall
      not preclude recovery in an action for damages and shall not affect
      the limitations of actions set forth in chapter 614.  Nothing herein
      shall prohibit an action for damages for bodily injury or death to
      any person.
         a.  The filing of such report or the failure to file such a
      report shall not be a violation of this chapter.  However, if the
      person failing to file such report is the only one injured from such
      use or application of a pesticide by others, the secretary may, when
      in the public interest, refuse to hold a hearing for the denial,
      suspension or revocation of a license or permit issued under this
      chapter until such report is filed.
         b.  Where damage is alleged to have occurred, the claimant
      shall permit the secretary, the licensee and the licensee's
      representatives, such as surety or insurer, to observe within
      reasonable hours the lands or nontarget organism 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
      lands shall automatically bar the claim against the licensee.
         4.  The secretary shall require, by rule, that veterinarians
      licensed and practicing veterinary medicine in the state promptly
      report to the department a case of domestic livestock poisoning or
      suspected poisoning by agricultural chemicals.  
         Section History: Early Form
         [C73, § 206.13, 455B.102; C75, 77, § 206.14, 455B.102; C79, §
      206.14, 455B.132; C81, § 206.14]
         Referred to in § 139A.21