South Dakota Code § 38-21-46

Notice of damage--Requirements--Exception
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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
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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.

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