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

1. The department shall not issue a commercial applicator’s license as required in section 206.6 until the applicant has furnished evidence of financial responsibility with the department. The evidence of financial responsibility shall consist of a surety bond, a liability insura…

1. The secretary may by rule require the reporting of significant pesticide accidents or incidents to a designated state agency. 2. Any person claiming damages from a pesticide application shall have filed with the secretary on a form prescribed by the secretary a written stateme…

The secretary shall require commercial applicators and certified commercial applicators to maintain records with respect to application of pesticides. Such relevant information as the secretary may deem necessary may be specified by regulation. Such records shall be kept for a pe…

1. Any pesticide or device that is distributed, sold, or offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state shall be liable to be proceeded against in an…

The secretary may waive all or part of the examination requirements provided for in sections 206.6 and 206.7 on a reciprocal basis with any other state which has substantially the same standards. [C75, 77, 79, 81, §206.17 ]

1. The penalties provided for violations of section 206.11, subsection 1 , shall not apply to: a. Any carrier while lawfully engaged in transporting a pesticide within this state, if such carrier shall, upon request, permit the secretary or the secretary’s designated agent to cop…

The department shall, by rule, after public hearing following due notice: 1. Declare as a pest any form of plant or animal life or virus which is unduly injurious to plants, humans, domestic animals, articles, or substances. 2. Determine the proper use of pesticides including but…

When used in this chapter : 1. “Active ingredient” means: a. In the case of a pesticide that is not a plant growth regulator, defoliant, or desiccant, an ingredient which will prevent, destroy, repel, or mitigate insects, nematodes, fungi, rodents, weeds, or other pests. b. In th…

The secretary shall determine, by rule, the pesticides to be classified as restricted use pesticides. In determining these rules the secretary shall take into consideration the pesticides classified as restricted use by the United States environmental protection agency and is aut…

1. The secretary is authorized, after public hearing following due notice, to make appropriate rules for carrying out the provisions of this chapter , including rules providing for the collection and chemical examination of samples of pesticides or devices. 2. a. The secretary, i…

1. Any person violating section 206.11, subsection 1 , paragraph “a” , shall be guilty of a simple misdemeanor. 2. Any person violating any provision of this chapter other than section 206.11, subsection 1 , paragraph “a” , or section 206.7A shall be guilty of a serious misdemean…

1. An advisory committee to the secretary is created. The advisory committee shall have the following members: a. The dean, college of veterinary medicine, Iowa state university of science and technology, or the dean’s designee; b. The dean, university of Iowa college of medicine…

1. A program of education and demonstration in the area of the agricultural use of fertilizers and pesticides shall be initiated by the secretary of agriculture. The secretary shall coordinate the activities of the state regarding this program. 2. Education and demonstration prog…

The department of agriculture and land stewardship, in cooperation with the department of natural resources, shall develop a program for handling used pesticide containers which reflects the state solid waste management policy. 87 Acts, ch 225, §227 ; 2002 Acts, ch 1162, §37

The examination of pesticides and those products to which pesticides have been applied for the content of pesticide residues shall be made under the direction of the secretary, or the secretary’s authorized representative, for the purpose of determining whether they comply with t…

1. Definitions. Notwithstanding section 206.2 , as used in this chapter with regard to the application of pesticides used for structural pest control: a. “Commercial applicator” means a person, or employee of a person, who enters into a contract or an agreement for the sake of mo…

1. A person shall not offer for sale, sell, purchase, apply, or use chlordane in this state. 2. The department, working in conjunction with the department of natural resources, shall identify existing stocks of chlordane, shall formulate recommendations for the safe disposal of e…

A person shall not offer for sale, sell, purchase, apply, or use a pesticide containing daminozide in this state if the pesticide is sold, purchased, applied, or used for purposes of enhancing or improving a product produced to be consumed. 89 Acts, ch 127, §1 ; 90 Acts, ch 1260,…

1. As used in this section : a. “Local governmental entity” means any political subdivision, or any state authority which is not the general assembly or under the direction of a principal central department as enumerated in section 7E.5 , including a city as defined in section 36…

1. The secretary may classify or subclassify certifications or licenses to be issued under this chapter . Each classification shall be subject to separate testing procedures and requirements. However, no person shall be required to pay an additional license fee if such person des…

1. A commercial or public applicator shall not apply any pesticide and a person shall not apply any restricted use pesticide without first complying with the certification requirements of this chapter and such other restrictions as determined by the secretary. 2. a. A commercial …

1. Commercial applicator. No person shall engage in the business of applying pesticides to the lands or property of another at any time without being licensed by the secretary. The secretary shall require an annual license fee of not more than twenty-five dollars for each license…

1. Requirement for certification. A commercial or public applicator shall not apply any pesticide without first complying with the certification standards. 2. Certification standards. Certification standards shall be adopted by the secretary to determine the individual’s competen…

1. A person shall not intentionally spray, place, discharge, or otherwise put a pesticide off label into a natural lake, or an artificial lake connected to a natural lake, that is used as a source water for public or private water supplies. 2. This section does not apply to a com…

1. It shall be unlawful for any person to act in the capacity of a pesticide dealer, or advertise as, or assume to act as a pesticide dealer at any time without first having obtained a license from the secretary which shall expire at the end of the calendar year of issue. A licen…

The secretary may cooperate, receive grants-in-aid, and enter into agreements with any agency of the federal government, of this state or its subdivisions, or with any agency of another state, or trade associations to obtain assistance in the implementation of this chapter and to…