SDCL § 38-21-46: Notice of damage--Requirements--Exception.

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.