Brown v. Rocky Farmers Co-Op., Inc.

CAROL M. HANSEN, Judge.

¶ 1 On January 29, 2002, Defendant, Rocky Fanners Co-op, Inc., applied Velpar, a herbicide, to Plaintiff Thomas Brown’s alfalfa field. Sometime in April of 2002, Brown noticed herbicide damage to the alfalfa. On May 6, 2002, Brown filed a complaint with the Oklahoma State Department of Agriculture pursuant to Oklahoma Combined Pesticide Law, 2 O.S.2001 § 3-82 (H). This subsection of the law provides:

No action for alleged damages to growing annual crops or plants may be brought or maintained unless the person claiming the damages has filed with the Board a written…