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. (1) Thirty days after the date that the damages were observed or should have been observed; or
2. (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.

Source: SL 1974, ch 255 , § 20; SL 1991, ch 326 , § 18; SL 2020, ch 174 , § 18.