SECTIONS 11761-11765 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 11761-11765

11761. Any person that alleges any loss, nonperformance, or damage
as a result of the use or application of any pesticide, or of any
substance, method, or device for pesticidal purposes; or for the
purpose of preventing, destroying, repelling, mitigating, or
correcting any disorder of plants; or for the purpose of inhibiting,
regulating, stimulating, or otherwise altering plant growth by direct
application to plants or soil shall, within 30 days from the time
that the occurrence of such loss, nonperformance, or damage became
known to such person, file with the commissioner of the county in
which the loss, nonperformance, or damage, or some part of the loss,
nonperformance, or damage, is alleged to have occurred, a verified
report of the loss, nonperformance, or damage.

11762. If a growing crop is alleged to have been damaged as a
result of the activities which are described in Section 11761, the
verified report of loss, nonperformance, or damage shall be filed
prior to the time 50 percent of the crop is harvested, unless the
loss, nonperformance, or damage is not known until after the crops
are harvested.

11763. The verified report of loss, nonperformance, or damage shall
set forth, so far as known to the claimant, all of the following:
(a) Name and address of the claimant.
(b) Type, kind and location of property which is allegedly injured
or damaged.
(c) Date the alleged loss, nonperformance, or damage occurred.
(d) Name of pest control operator that is allegedly responsible.
(e) Name of the owner or occupant of the property for whom the
person or pest control operator was rendering labor or services.

11764. The filing of the verified report, or the failure to file
it, need not be alleged in any complaint which may be filed. The
failure to file the verified report of loss, nonperformance, or
damage is not a bar to the maintenance of a civil action for the
recovery of damages for the loss, nonperformance, or damage.

11765. The failure to file a verified report of loss is evidence
that no loss, nonperformance, or damage occurred.