Title V, AGRICULTURE (Ch. 159 - 215A)

1. A person shall not knowingly introduce into this state, solicit orders for, deliver, transport, or have in possession with intent to sell, any article which is labeled in any other manner than that prescribed by this subtitle for the label of the article when offered or expose…

A person shall not knowingly manufacture, introduce into the state, solicit orders for, sell, deliver, transport, have in possession with the intent to sell, or offer or expose for sale, any article which is adulterated according to the provisions of this subtitle. [C73, §3901, 4…

1. Except as provided in subsection 2 , a person in possession or having control of an article which is adulterated or which is improperly labeled according to the provisions of this subtitle shall be presumed to know that the article is adulterated or improperly labeled. A perso…

Unless a procedure or method of seizure and confiscation or condemnation is otherwise provided, the secretary is authorized to prohibit the entrance into channels of commerce or possession of any article found to be adulterated or improperly labeled according to the provisions of…

A party whose article, item, commodity or product is wrongfully condemned or seized shall be entitled to maintain a cause of action against the state of Iowa, for the damage proximately caused by the wrongful condemnation or seizure. Such cause of action shall be a claim as defin…

The following provisions apply to all licenses issued or authorized under this subtitle: 1. Applications. Applications for licenses shall be made upon blanks furnished by the department and shall conform to the prescribed rules of the department. 2. Refusal and revocation. For go…

The department shall do all of the following: 1. Execute and enforce this subtitle. 2. Adopt all necessary rules, not inconsistent with law, for enforcing the provisions of this subtitle. 3. Provide educational measures and exhibits, and conduct educational campaigns as are deeme…

Any person engaging in any business for which a license is required by this subtitle, without obtaining such license, may be restrained by injunction, and shall pay all costs made necessary by such procedure. [C24, 27, 31, 35, 39, § 3046; C46, 50, 54, 58, 62, 66, §189.18; C71, 73…

Unless otherwise provided, any person violating any provision of this subtitle or any rule adopted by the department pursuant to such a provision, is guilty of a simple misdemeanor. [C73, §2068, 3901; C97, §2508, 2527, 2592, 2594, 3029, 5070; S13, §2508, 2510-2a, -h, -j, -u, -v5,…

In any criminal proceeding brought for violation of this subtitle, an information or indictment may charge as many offenses as it appears have been committed, and the defendant may be convicted of any or all of the offenses. [C24, 27, 31, 35, 39, § 3048; C46, 50, 54, 58, 62, 66, …

The penalties provided in this subtitle shall not be imposed upon any common carrier for introducing into the state, or having in its possession, any article which is adulterated or improperly labeled according to the provisions of this subtitle, when the same was received by the…

When it appears that any of the provisions of this subtitle have been violated, the department may certify the facts to the proper county attorney. The certification shall be accompanied with a copy of the results of any analysis, examination, or inspection the department may hav…

The county attorney may at once institute the proper proceedings for the enforcement of the penalties provided in this subtitle for the violations. [C97, §4998; S13, §2596-c, 4999-a19; C24, 27, 31, 35, 39, § 3051; C46, 50, 54, 58, 62, 66, §189.23; C71, 73, 75, 77, 79, 81, §189.25…

If the county attorney refuses to act, the governor may, in the governor’s discretion, appoint an attorney to represent the state. [S13, §4999-a19; C24, 27, 31, 35, 39, § 3052; C46, 50, 54, 58, 62, 66, §189.24; C71, 73, 75, 77, 79, 81, §189.26 ]

In any case when it appears that any of the provisions of this subtitle have been violated, the inspector having the investigation in charge shall, when instructed by the department, file an information against the suspected party. [C24, 27, 31, 35, 39, § 3053; C46, 50, 54, 58, 6…

Any person may keep articles specifically set apart in the person’s stock for sale in other states which do not comply with the provisions of this subtitle as to standards, purity, or labeling. [S13, §4999-a20, -a40; C24, 27, 31, 35, 39, § 3054; C46, 50, 54, 58, 62, 66, §189.26; …

Every person who deals in or manufactures any of the articles dealt with in this subtitle shall make upon blanks furnished by the department such reports and furnish such statistics as may be required by the department and certify to the correctness of the same. [C97, §2522; S13,…

The department shall, for the purpose of examination or analysis, procure from time to time, or whenever the department has occasion to believe any of the provisions of this subtitle are being violated, samples of the articles dealt with in these provisions which have been shippe…

No action shall be maintained in any of the courts of the state upon any contract or sale made in violation of or with the intent to violate any provision of this subtitle by one who was knowingly a party thereto. [C97, §2520; C24, 27, 31, 35, 39, § 3056; C46, 50, 54, 58, 62, 66,…

All fees collected under the provisions of this subtitle shall be paid into the state treasury. [C97, §2507; SS15, §2507, 2515-f, 3009-m; C24, 27, 31, 35, 39, § 3057; C46, 50, 54, 58, 62, 66, §189.29; C71, 73, 75, 77, 79, 81, §189.31 ] 94 Acts, ch 1023, §40

The department shall have full access to all places, factories, buildings, stands, or premises, and to all wagons, auto trucks, vehicles, or cars used in the preparation, production, distribution, transportation, offering or exposing for sale, or sale of any article dealt with in…

Upon request and tender of the selling price by the department any person who prepares, manufactures, offers or exposes for sale, or delivers to a purchaser any article dealt with in this subtitle shall furnish, within business hours, a sample of the same, sufficient in quantity …

The department may, without the consent of the owner, examine or open any package containing, or believed to contain, any article or product which it suspects may be prepared, manufactured, offered, or exposed for sale, sold, or held in possession in violation of the provisions o…

After the sample is taken, it shall be carefully sealed and labeled with the name or brand of the article, the name of the party from whose stock it was taken, and the date and place of taking such sample. Upon request a duplicate sample, sealed and labeled in the same manner, sh…

In the enforcement of the provisions of this subtitle, the department shall have power to issue subpoenas for witnesses, enforce their attendance, and examine them under oath. The witnesses shall be allowed the same fees as witnesses in district court. The fees shall be paid out …

1. All articles in package or wrapped form which are required by this subtitle to be labeled, unless otherwise provided, shall be conspicuously marked in the English language in legible letters on the principal label with the following items: a. The true name, brand, or trademark…