South Dakota § 38-21-46 - Notice of damage--Requirements--Exception.

Full text of South Dakota South Dakota Codified Laws § 38-21-46 — Notice of damage--Requirements--Exception., with citation guidance and answers to common questions.

§ 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.

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

Source: official South Dakota text · Last verified 2026-08-27

Frequently Asked Questions About South Dakota § 38-21-46

What does South Dakota Codified Laws § 38-21-46 cover?

Section 38-21-46 ("Notice of damage--Requirements--Exception.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite South Dakota § 38-21-46?

A common citation format is "South Dakota Codified Laws § 38-21-46" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of South Dakota law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.

How does South Dakota § 38-21-46 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.