Iowa Administrative Code

A temporary grain storage facility may, in the discretion of the department, be approved and licensed on the following bases: 90.24(1) License period. A license for a temporary storage facility may be issued at any time but shall be effective for the storage of grain only from Au…

Emergency ground pile storage space may, in the discretion of the department, be approved and licensed for the storage of corn on the following bases: 90.25(1) License period. A license for emergency ground pile storage space shall be effective from August 1 to January 31 of the …

Polyvinyl bag storage space may, in the discretion of the department, be approved and licensed for the storage of corn on the following bases: 90.26(1) License period. A license for polyvinyl bag storage space shall be effective from August 1 to May 1 of the following year. A pol…

Warehouse operators with a probability of failure factor greater than 40 percent, as calculated by the statistical model, shall be examined at least twice in a 12-month period. [ARC 9455C, IAB 8/6/25, effective 7/10/25]

The bureau shall follow a step-by-step enforcement policy to ensure consistent compliance with and application of this chapter. The department recognizes that violations of certain rules may have more serious ramifications; thus, the enforcement of those rules requires stricter p…

The bureau may require the applicant to file updated information if the information on the application is no longer current. The application, insurance certificate, financial statement, tariff, license fee, indemnity fund fee and background information on a person applying for th…

Separate class licenses bearing the same number may be issued to the same business entity authorizing the storage of bulk grain under one license and the storage of products other than bulk grain under the other license (Class 2 warehouse). The separate licenses may be for the sa…

The warehouse operator license certificate, including the warehouse diagram, shall be posted at all times in a conspicuous location in the place of business. A license certificate shall be posted in each location where grain is delivered or weighed. Upon receipt of an amended lic…

90.6(1) Renewals. The bureau shall send to each licensed warehouse operator written notice that the application, the license fee and the indemnity fund fee for annual renewal of the warehouse operator license shall be received in accordance with Iowa Code section 203C.37. If the …

90.7(1) New license applicants. To obtain a warehouse operator license, an applicant shall submit a financial statement that shall: a. Be prepared within three months from the date of filing and comply with paragraph 90.7(2)“a” or “b”; or b. Be prepared as of the applicant’s usua…

Bonds filed with the bureau shall be on forms prescribed by the bureau. Irrevocable letters of credit filed with the bureau shall be on the form prescribed by the bureau. Bonds and irrevocable letters of credit shall be written so as to provide funds to protect depositors having …

Insurance shall be carried in an insurance company or companies authorized to do business in this state and shall be provided by and carried in the name of the warehouse operator. Each policy providing such coverage must have attached thereto an Iowa warehouse endorsement form as…

For this chapter, the following definitions apply: “Bureau” means the grain warehouse bureau of the department of agriculture and land stewardship. “Generally accepted accounting principles” means accounting principles generally accepted in the United States of America, in accord…

A grain statement must be prepared at the close of business at the end of each calendar month and filed with the bureau by the tenth of the following month. The grain statement must be on a form or in a format prescribed by the bureau. The bureau will furnish forms to the dealer …

91.11(1) The bureau must be notified in writing prior to: a. Change of ownership of the grain dealer. b. Change of name or business address of the grain dealer. c. Change of the grain dealer’s fiscal year end. d. The ceasing of operations. 91.11(2) The licensee must notify the bu…

91.12(1) Financial statements—audit or bond or irrevocable letter of credit. a. A grain dealer must not purchase grain by a credit-sale contract until the licensee complies with paragraph this subrule. If the grain dealer elects to be authorized to issue credit-sale contracts und…

The bureau will follow a step-by-step enforcement policy to ensure consistent compliance with and application of this chapter. The department recognizes that violations of certain rules may have more serious ramifications; thus, the enforcement of those rules requires stricter po…

Licensees with a probability of failure factor greater than 40 percent, as calculated by the statistical model, may be examined at least twice in an 18-month period. [ARC 9456C, IAB 8/6/25, effective 7/10/25]

91.15(1) Persons who may file claims—time of filing. These rules are applicable only in those instances where a bond or letter of credit has been filed to satisfy Iowa Code section 203.3 or subrule 91.12(3). If a bond or irrevocable letter of credit is on file with the department…

Subject to the provisions of this chapter, a licensee may issue electronic grain contracts using its own computer system or may contract with an independent provider to issue electronic grain contracts. If the licensee contracts with an independent provider, rules 21—91.16(203) t…

A provider must be independent of any outside influence or bias in action or appearance. A provider must enter into a provider agreement with the department prior to being approved by the department. A provider must issue and maintain electronic grain contracts only on behalf of …

Prior to engaging in the issuance of electronic grain contracts, a licensee must enter into a user agreement with a provider approved by the department. All electronic grain contracts issued by the licensee will be issued through and filed in the provider’s electronic central fil…

Electronic grain contracts must comply with the provisions of Iowa Code chapters 203 and 554D. 91.19(1) Agreement to conduct electronic transactions. A licensee or the licensee’s provider must maintain complete and sufficient records to show agreement between the grain seller and…

A grain dealer license may be amended to cover a name change of the same legal entity. The licensee must give the bureau notice of a proposed name change. The bureau will confirm the name change with the secretary of state or other governmental agency prior to amending the licens…

Only authorized employees of the licensee will have access to the provider’s central filing system or the licensee’s electronic database. A provider must prevent unauthorized persons from gaining access to its central filing system. If a licensee uses its own computer database, t…

A license certificate must be posted in each location where grain is purchased or delivered. [ARC 9456C, IAB 8/6/25, effective 7/10/25]

The grain dealer license and all unused credit-sale contracts must be forwarded to the bureau immediately upon cancellation, suspension, or revocation of such license. A grain dealer’s letter requesting cancellation of the grain dealer license must also state whether there are an…

91.5(1) Renewals. The bureau will send to each licensed grain dealer written notice that the application, the license fee and the indemnity fund fee for annual renewal of the grain dealer license must be received in accordance with Iowa Code section 203.5. If the bureau does not …

91.6(1) New license applicants. To obtain a grain dealer license, an applicant must submit a financial statement that must: a. Be prepared within three months from the date of filing and comply with Iowa Code section 203.3; or b. Be prepared as of the applicant’s usual fiscal yea…

Bonds filed with the bureau must be on forms prescribed by the bureau. Irrevocable letters of credit issued to the bureau must be on the form prescribed by the bureau. Bonds and irrevocable letters of credit must be written so as to provide funds to protect producers who have sol…

91.8(1) Grain dealer’s standard business operation. “Standard business operation” means the licensed grain dealer’s standard written procedures and schedule for issuing payments to sellers for delivered grain. However, standard business operation does not include the payment for …

91.9(1) General records. A grain dealer must maintain complete and sufficient records to show all purchases, sales, and payments for grain purchased. 91.9(2) Daily position record. Unless otherwise approved by the bureau, every grain dealer must keep and maintain on a daily basis…

“Warehouse receipt” means a warehouse receipt issued for bulk grain in accordance with Iowa Code chapter 203C. [ARC 9457C, IAB 8/6/25, effective 7/10/25] GRAIN INDEMNITY FUND BOARD

Until the amounts are amended or waived by the grain indemnity fund board pursuant to Iowa Code section 203D.5, in accordance with Iowa Code chapter 17A, fees are assessed as follows: 92.10(1) A per-bushel fee on all purchased grain, in an amount of one-quarter cent per bushel, r…

Persons applying for a new grain dealer license or warehouse operator license owe the initial participation fee regardless of whether the grain indemnity fund board has otherwise waived or adjusted the per-bushel or participation fees for licenses. Payment of the fees is due befo…

92.12(1) Quarterly payments. The per-bushel fee and the participation fee installment payment and the quarterly report are due, except as provided in subrule 92.12(2), on the fifteenth day of the fiscal month succeeding the fiscal quarter in which the fee accrued. The fiscal quar…

92.13(1) Delinquent payments defined. In regard to the submission of the quarterly report, per-bushel fee and participation fee installment payment, the licensee is deemed to be delinquent if any of the following apply: a. The quarterly report and payment of the per-bushel fee du…

92.14(1) Delinquent payments defined. In regard to an underpayment discovered during the performance of an examination, the licensee is deemed to be delinquent if any of the following apply: a. The underpayment for any quarter exceeds the margin of error, which for this rule is t…

The office of the grain indemnity fund board is located in the Hoover State Office Building, Des Moines, Iowa; telephone 515.281.5321; mailing address: Grain Indemnity Fund Board, c/o Grain Warehouse Bureau, Iowa Department of Agriculture and Land Stewardship, Hoover State Office…

In regard to claims by a depositor or seller arising against a grain dealer or warehouse operator, a claim against the grain depositors and sellers indemnity fund may be filed with the Grain Warehouse Bureau (the bureau), Iowa Department of Agriculture and Land Stewardship, Hoove…

In regard to claims by depositors arising against a warehouse operator whose license has expired or has been revoked or canceled and who has not filed a petition for bankruptcy and where the bureau has been appointed by the court as the receiver of the grain assets of the warehou…

Within 30 days of the receipt of a claim, the bureau will send notice of the claim to each member of the board. [ARC 9457C, IAB 8/6/25, effective 7/10/25]

When adequate information is available, the bureau will make a report to the board of claims ready for determination, identifying the gross and net amount of each claim and the bureau’s recommendations as to the validity and value of each claim. The bureau may report the claims r…

The board will review the report submitted by the bureau and may request additional information on a claim. The board will determine the amount of the loss and the amount the claimant is validly entitled to from the fund within 90 days after the submission of the report to the bo…

92.25(1) Time limit for filing. A claimant whose claim has been determined by the board may appeal the determination by filing an appeal with the board within 20 days of the date the notice of the determination was sent. Appeals shall include a statement as to the amount the appe…

92.26(1) Subrogation and payment. If the board has validated all or part of a claim, the board authorizes the chairperson or the chairperson’s designee to facilitate payment from the fund to the claimant in the determined amount upon the claimant’s execution of a subrogation of t…

Unless otherwise determined by the chairperson, the board will meet at 2 p.m. on the third Thursday of each month. In-person board meetings will generally be held in a conference room in the Hoover State Office Building. Telephone and video conference call meetings may be permitt…