{"data":{"id":"us-ky/krs-217b.140","jurisdiction":"us-ky","citation":"KRS 217B.140","heading":"Claim of damage -- When filed ---- Statement of alleged pesticide use,","body":"contents -- Effect -- Inspection of damaged property.\n(1) Investigations into claims of pesticide misuse conducted by the department shall\noccur only when the applicator of the pesticide is required by this chapter and\nrelated administrative regulations to obtain a license to use pesticides.\n(2) Any person claiming pesticide misuse by a pesticide applicator shall file with the\ndepartment a written statement of alleged misu se. The statement shall be submitted\nto the department:\n(a) Within sixty (60) days after the date the alleged pesticide misuse occurred; or\n(b) Prior to the time that twenty-five percent (25%) of a crop affected by pesticide\nmisuse is harvested.\n(3) A statement of alleged pesticide misuse shall contain:\n(a) The name of the person allegedly responsible for the pesticide application;\n(b) The name of the person who alleges misuse of pesticide;\n(c) The name of the owner or lessee of the land where the effects o f the alleged\npesticide application misuse are evident; and\n(d) The date on which the alleged pesticide misuse occurred.\n(4) The filing of a report or the failure to file a report need not be alleged in any\ncomplaint for damages resulting from pesticide mi suse which might be filed in a\ncourt of law, and the failure to file the report shall not be considered any bar to the\nmaintenance of any criminal or civil action. Failure to file a report shall not be a\nviolation of this chapter. If the person failing to file the report is the only person\ninjured from the misuse of a pesticide, the department may, when in the public\ninterest, refuse to hold a hearing for the denial, suspension, or revocation of a\nlicense or registration issued under this chapter until the report is filed.\n(5) When pesticide misuse is alleged, the claimant shall permit the person allegedly\nresponsible for the application of the pesticide, registration holder, and his or her\nrepresentatives, such as a bondsman or insurer, to observe within re asonable hours,\nthe lands upon which alleged effects of pesticide misuse is evident in order that the\neffects may be examined. Failure of the claimant to permit the observation and\nexamination of the location of the alleged effects shall automatically bar the claim\nagainst the person allegedly responsible for the pesticide application misuse.","path":["KRS Chapter 217B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=51114","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:28Z","sha256":"dcdb1ab07eb9fa1e2fc59f093cc384aec8eeafb5cee53382db6fb7994c307906","source_id":"us-ky","stale":false,"prev":"us-ky/krs-217b.130","next":"us-ky/krs-217b.150"},"notice":"GroundRules: Original legal text. Not legal advice."}