Iowa Administrative Code

1. All federal regulations adopted in 21—76.1(189A). 2. All federal regulations adopted in 21—76.2(189A), except Part 303 and Part 307.4(c) of Title 9, Chapter III, of the Code of Federal Regulations, revised as of January 1, 2016. This rule is intended to implement Iowa Code cha…

306, Parts 309 through 320, Part 329, Part 332, Part 412, Part 416, Part 417, Part 418, Part 424, Part 430, Part 431, Part 441 and Part 442 of Title 9, Chapter III, of the Code of Federal Regulations, revised as of December 31, 2023, are hereby adopted in their entirety by refere…

Chapter III, of the Code of Federal Regulations, revised as of December 31, 2023, is hereby adopted in its entirety with the following exceptions: Sections 381.96, 381.97, 381.99, 381.101, 381.102, 381.104, 381.105, 381.106, 381.107, and 381.128, Subpart R, Subpart T, Subpart V, …

and (d) of Title 9, Chapter III, Subchapter A, of the Code of Federal Regulations, revised as of December 31, 2023, in which slaughter of livestock or poultry, or the preparation of livestock products or poultry products is maintained for transportation or sale in commerce, shall…

custom/exempt facilities shall develop and implement a sanitation standard operating procedure (SSOP) in a manner consistent with Section 416.12, Title 9, Chapter III, Code of Federal Regulations. This rule is intended to implement Iowa Code sections 189A.3 and 189A.7(8). [ARC 82…

appropriate Iowa form will be substituted, and whenever an official mark is designated, the following official Iowa marks will be substituted: 1. Iowa inspected and condemned brand: 2. Iowa product label mark of inspection for amenable species: 3. Iowa inspected carcass brand for…

76.7(1) Each carcass which has been inspected and passed in an official establishment shall be marked at the time of inspection with the official inspection legend containing the number of the official establishment. 76.7(2) Except as provided otherwise in 9 CFR Part 316.8, each …

broker, renderer, animal food manufacturer, or wholesaler or public warehouser of livestock or poultry products, or engaged in the business of buying, selling or transporting in intrastate commerce any dead, dying, disabled or diseased livestock or poultry or parts of the carcass…

of buying, selling, transporting in intrastate commerce, dead, dying, disabled or diseased animals, or any parts of the carcasses of any animal, unless they have been licensed for the purpose of disposing of the bodies of dead animals pursuant to Iowa Code section 167.2. All pers…

“Agricultural animal” means any of the following: 1. An animal that is maintained for its parts or products having commercial value, including but not limited to its muscle tissue, organs, fat, blood, manure, bones, milk, wool, hide, pelt, feathers, eggs, semen, embryos, or honey…

dangerous wild animal must display at least one visible, readable sign with suitable wording on the person’s premises where the dangerous wild animal is kept warning the public that the dangerous wild animal is confined there. [ARC 0949C, IAB 8/21/13, effective 9/25/13]

wild animal must immediately notify an animal warden or other local law enforcement official of any escape of a dangerous wild animal. [ARC 0949C, IAB 8/21/13, effective 9/25/13]

is no longer able to care for the animal, both of the following shall apply: 1. The person must so notify the department, stating the planned disposition of the dangerous wild animal. 2. The person must dispose of the dangerous wild animal by transferring ownership and possession…

77.13(1) Except as provided in subrule 77.13(2), the department shall seize a dangerous wild animal which is in the possession of a person if the person is not in compliance with the requirements of this chapter. An animal warden as defined in Iowa Code section 162.2, or an anima…

1. An institution accredited or certified by the American Zoo and Aquarium Association. 2. A wildlife sanctuary. 3. A person who keeps falcons, if the person has been issued a falconry license by the department of natural resources pursuant to Iowa Code section 483A.1. 4. A perso…

possess a dangerous wild animal, cause or allow a dangerous wild animal owned by a person or in the person’s possession to breed, or transport a dangerous wild animal into this state. [ARC 0949C, IAB 8/21/13, effective 9/25/13]

possesses a dangerous wild animal on July 1, 2007, may continue to own or possess the dangerous wild animal if the person is 18 years old or older and meets all of the following: 77.3(1) The person must not have been convicted of an offense involving the abuse or neglect of an an…

possess a dangerous wild animal must maintain liability insurance coverage in an amount of not less than $100,000, with a deductible of not more than $250, for each occurrence of property damage, bodily injury, or death caused by each dangerous wild animal kept by the person. The…

own or possess a dangerous wild animal must have an electronic identification device implanted beneath the skin or hide of the dangerous wild animal, unless a licensed veterinarian states in writing that the implantation would endanger the comfort or health of the animal. In such…

77.6(1) The person who continues to own or possess a dangerous wild animal must notify the department using a registration form prepared by the department not later than December 31, 2007. 77.6(2) The registration form shall include all of the following information: a. The person…

77.7(1) The person who continues to own or possess a dangerous wild animal must pay the department an annual registration fee as follows: a. $500 for a member of the order proboscidea, which are any species of elephant. b. $500 for a member of the family rhinocero tidae of the or…

a dangerous wild animal must maintain health and ownership records for the dangerous wild animal for the life of the animal, including: deaths and cause of each death; the complete name, address and telephone number of the person to whom an animal was transferred or sold; the dat…

77.9(1) The person who continues to own or possess a dangerous wild animal must confine the dangerous wild animal in a primary enclosure on the person’s premises. The primary enclosure should be of sound construction and maintained in good repair to protect the animal from injury…

which suspends in whole or in part the requirements or provisions of a rule as applied to an identified person on the basis of the particular circumstances of that person. [ARC 5721C, IAB 6/30/21, effective 8/4/21]

reference to the particular person and rule or portion thereof to which the order pertains, a statement of the relevant facts and reasons upon which the action is based, and a description of the precise scope and duration of the waiver if one is issued. 8.10(1) Department discret…

filed, and available for public inspection as provided in Iowa Code section 17A.3. Petitions for a waiver and orders granting or denying a waiver petition are public records under Iowa Code chapter 22. Some petitions or orders may contain information the department is authorized …

the department shall make a submission on the Internet site established pursuant to Iowa Code section 17A.9A for the submission of waiver information. The submission shall identify the rules for which a waiver has been granted or denied, the number of times a waiver was granted o…

may be withdrawn, canceled, or modified if, after appropriate notice and hearing, the department issues an order finding any of the following: 1. The petitioner or the person who was the subject of the waiver order withheld or misrepresented material facts relevant to the proprie…

the particular rule for which the waiver was granted. As a result, the recipient of a waiver under this chapter who violates a condition of the waiver may be subject to the same remedies or penalties as a person who violates the rule at issue.

within its terms and the specific facts indicated therein for the person to whom the order pertains in any proceeding in which the rule in question is sought to be invoked.

petition may be taken in accordance with Iowa Code chapter 17A. These rules are intended to implement Iowa Code section 17A.9A and chapter 159. [Filed 8/3/01, Notice 2/21/01—published 8/22/01, effective 9/26/01] [Filed ARC 5721C (Notice ARC 5575C, IAB 4/21/21), IAB 6/30/21, effec…

process for the granting of individual waivers from rules adopted by the department in situations where no other more specifically applicable law provides for waivers. To the extent another more specific provision of law governs the issuance of a waiver from a particular rule, th…

has jurisdiction over the rule and the requested waiver is consistent with applicable statutes, constitutional provisions, or other provisions of law. The department may not waive requirements created or duties imposed by statute.

21—8.6(17A,159), the department may in its sole discretion issue an order waiving in whole or in part the requirements of a rule if the department finds, based on clear and convincing evidence, all of the following: 1. The application of the rule would impose an undue hardship on…

department as follows: 8.5(1) License application. If the petition relates to a license application, the petition shall be made in accordance with the filing requirements for the license in question. 8.5(2) Contested cases. If the petition relates to a pending contested case, the…

where applicable and known to the requester: 1. The name, address, and telephone number of the entity or person for whom a waiver is being requested and the case number of any related contested case. 2. A description and citation of the specific rule from which a waiver is reques…

department may request additional information from the petitioner relative to the petition and surrounding circumstances. If the petition was not filed in a contested case, the department may, on its own motion or at the petitioner’s request, schedule a telephonic or in-person me…

ensure that, within 30 days of the receipt of the petition, notice of the pendency of the petition and a concise summary of its contents have been provided to all persons to whom notice is required by any provision of law. In addition, the department may give notice to other pers…

regarding contested case hearings shall apply to any petition for a waiver filed within a contested case and shall otherwise apply to agency proceedings for a waiver only when the department so provides by rule or order or is required to do so by statute.

“Automatic grain scale” means a scale constructed with a mechanical device so that a stream of grain flowing into its hopper can be checked at any given weight, long enough to register said weight and dump the load. The garner above the scale should have at least three times the …

load of its full nominal capacity without developing undue stresses or deflections, (2) it may reasonably be expected to withstand normal usage without undue impairment of accuracy or the correct functioning of parts, and (3) it will be reasonably permanent in adjustment. 85.10(1…

85.11(1) In the construction of a scale pit, walls must be of reinforced concrete. A slab floor must be installed in the pit. The floor must be at least 12 inches thick with a minimum of grade 40 reinforcement rod running into all piers and sidewalls, installed according to the m…

a permanent location provided the following conditions for the construction are incorporated: 85.12(1) Scale installation applications and permits must be submitted to the department the same as the pit scale installation, with specifications being furnished by the manufacturer, …

must be sealed as to their accuracy once every two years. Said weights after being sealed are to be used only as master test weights. This rule is intended to implement Iowa Code section 215.17. [ARC 7129C, IAB 12/13/23, effective 1/17/24]

applying a lead and wire seal in such a way that insertion of a coin in the coin slot will be prevented. This rule is intended to implement Iowa Code section 215.18. [ARC 7129C, IAB 12/13/23, effective 1/17/24]

increased beyond the manufacturer’s designed dimension except when the modification has been approved by a competent scale-engineering authority, preferably that of the engineering department of the manufacturer of the scale, and by the weights and measures bureau. This rule is i…

facilities for normal access thereto shall be provided, that the test weights of the weights and measures official, in the denominations customarily provided, and in the amount deemed necessary by the weights and measures official for the proper testing of the scale, may readily …

and axle-load scales apply only to such scales in official use for the enforcement of traffic in highway laws or for the collection of statistical information by government agencies. This rule is intended to implement Iowa Code section 215.18. [ARC 7129C, IAB 12/13/23, effective …

MEASURES

85.2(1) The specifications, tolerances and regulations for commercial weighing and measuring devices, together with amendments thereto, as recommended by the National Institute of Standards and Technology (NIST) and published in NIST Handbook 44 amended or revised as of January 1…