Home Table of Contents

§ 3-82D. Alleging damages--Written complaint statement--Inspection

Oklahoma Statutes AnnotatedTitle 2. AgricultureEffective: November 1, 2023

Oklahoma Statutes Annotated
Title 2. Agriculture
Chapter 1. Agricultural Code (Refs & Annos)
Article 3. Entomology and Plant Industry (Refs & Annos)
D. Combined Pesticide Law
Effective: November 1, 2023
2 Okl.St.Ann. § 3-82D
§ 3-82D. Alleging damages--Written complaint statement--Inspection
A. Prior to filing an action against an applicator for damages to growing crops or plants, any person alleging damages to growing crops or plants shall:
1. Within ninety (90) calendar days of the date that the alleged damages occurred or prior to the time that twenty-five percent (25%) of the allegedly damaged crops or plants are harvested, whichever occurs first, file a written complaint statement with the Department regarding the alleged damages; and
2. Between the date of filing of the written complaint pursuant to paragraph 1 of this subsection and the date harvesting or destruction of the allegedly damaged crops or plants occurs, allow the applicator and the representatives of the applicator reasonable access to the property to inspect and take samples of the allegedly damaged crops or plants during reasonable hours. The representatives of the applicator may include, but not be limited to, crop consultants, bondsmen, and insurers. Nothing in this paragraph shall limit in any way the harvesting or destruction of the allegedly damaged crops or plants in the ordinary course of business and practice.
B. Any person failing to comply with subsection A of this section shall be barred from filing an action for damages against the applicator.

Credits

Laws 2023, c. 72, § 4, eff. Nov. 1, 2023.
2 Okl. St. Ann. § 3-82D, OK ST T. 2 § 3-82D
Current with emergency effective legislation through Chapter 295 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
End of Document