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

1. A packer shall not include a provision in a contract executed on or after April 29, 1999, for the purchase of livestock providing that information contained in the contract is confidential. 2. A provision which is part of a contract for the purchase of livestock executed on an…

1. The department, in consultation with the office of attorney general, shall adopt rules necessary in order to administer this chapter . 2. The department may establish different rules according to the species of livestock governing all of the following: a. Purchase reporting re…

1. a. The attorney general’s office is the primary agency responsible for enforcing this chapter . b. The department shall notify the attorney general’s office if the department has reason to believe that a violation of section 202A.2 has occurred. 2. In enforcing the provisions …

1. A packer who fails to file a timely, accurate, or complete purchase report as required pursuant to section 202A.2 is subject to a civil penalty of not more than five thousand dollars. Each failure by a packer to file a timely, accurate, or complete purchase report constitutes …

The purpose of this chapter is to preserve free and private enterprise, prevent monopoly, and also to protect consumers by regulating the balance of competitive forces in beef and swine production, by enhancing the welfare of the farming community, and also by preventing processo…

As used in this chapter , unless the context otherwise requires: 1. “Base price” means the price paid for swine, delivered to the processor, before application of any premiums or discounts, and expressed in dollars per hundred pounds of hot carcass weight as calculated in the sam…

1. Except as provided in subsections 2 and 3 , and section 202B.202 , all of the following apply: a. For cattle, a processor shall not own, control, or operate a cattle operation in this state. b. For swine, a processor shall not do any of the following: (1) (a) (i) Directly or i…

1. a. A cooperative association which is a party to a contract for the care and feeding of swine in compliance with section 9H.2 prior to May 9, 2003, and which is in violation of section 9H.2 , as amended by 2003 Iowa Acts, ch. 115 , shall have until June 30, 2007, to comply wit…

A contract feeder shall file with the secretary of state on or before March 31 of each year on forms adopted pursuant to chapter 17A and supplied by the secretary of state an annual report containing all of the following information, if applicable: 1. The name and address of the …

A processor shall file a report with the secretary of state on or before March 31 of each year, as follows: 1. For all processors, the report shall include all of the following: a. The number of swine and the number of cattle owned and fed more than thirty days by the processor i…

Reports by corporations shall be signed by the president or other officer or authorized representative. Reports by limited liability companies shall be signed by a manager or other authorized representative. Reports by limited partnerships shall be signed by the president or othe…

The secretary of state shall notify the attorney general when the secretary of state has reason to believe a violation of this chapter has occurred. It is the intent of this section that information shall be made available to members of the general assembly and appropriate commit…

The secretary of state shall request additional information as may be necessary or appropriate to enable the secretary of state to administer this chapter . [C77, 79, 81, §172C.15 ] C93, §9H.15 2003 Acts, ch 115, §16, 19 CS2003, §202B.305

1. The courts of this state may prevent and restrain violations of this chapter through the issuance of an injunction. The attorney general or a county attorney shall institute suits on behalf of the state to prevent and restrain violations of this chapter . 2. a. A processor who…

1. Failure to timely file a report or the filing of false information is punishable by a civil penalty not to exceed one thousand dollars. 2. For purposes of this section, a report is timely filed if the report is filed prior to May 1 of the year in which it is required to be fil…

As used in this chapter , unless the context otherwise requires: 1. “Dealer” means a person required to be licensed as a dealer pursuant to section 163.30 . However, a dealer does not include a person who operates a livestock market, as defined in section 459.102 . 2. “Department…

1. A dealer shall provide the department with evidence of financial responsibility as required by the department. The evidence of financial responsibility shall consist of a surety bond furnished by a surety or an irrevocable letter of credit issued by a financial institution. 2.…

1. The purchaser may bring a legal action arising from the breach of a sales agreement against the surety on the bond or issuer on the irrevocable letter of credit in the purchaser’s own name in district court to recover any damages as allowed by law. The purchaser may also be aw…

The department shall adopt rules as required to administer this chapter , including but not limited to rules providing for amounts of evidence of financial responsibility, qualifications for a surety or financial institution, procedures for filing evidence of financial responsibi…

As used in this chapter , unless the context otherwise requires: 1. “Bond” means a bond issued by a surety company or an irrevocable letter of credit issued by a financial institution described in subsection 9 . 2. “Check” means a paper instrument used for ordering, instructing, …

1. The cessation of a grain dealer’s license occurs from any of the following: a. The revocation of the license by the department as provided in subsection 2 . b. The cancellation of the license as provided in section 203.5 . c. The expiration of the license according to the term…

1. A person who knowingly submits false information to or knowingly withholds information from the department or any of its employees when required to be submitted or maintained under this chapter , commits a fraudulent practice. 2. a. Except as provided in paragraph “b” , a pers…

1. The department shall establish, by rule, civil penalties which may be administratively or judicially assessed against a grain dealer for a violation of this chapter . 2. The amount of a civil penalty shall not exceed one thousand five hundred dollars. Each day that a violation…

1. Upon the cessation of a grain dealer license by revocation, cancellation, or expiration, any claim for the purchase price of grain against the grain dealer shall be made in writing and filed with the grain dealer and with the issuer of a deficiency bond or of an irrevocable le…

1. a. As used in this section : (1) “Grain dealer assets” includes proceeds received or due a grain dealer upon the sale, including exchange, collection, or other disposition, of grain sold by the grain dealer. “Grain dealer assets” also includes any other funds or property of th…

1. As used in this section : a. “Grain dealer assets” means the same as defined in section 203.12A , including any proceeds from a deficiency bond or irrevocable letter of credit, or any insurance policy relating to those assets. b. “Interested seller” means a person who delivers…

Nothing in this chapter shall be construed to imply any guarantee or obligation on the part of the state of Iowa, or any of its agencies, employees or officials, either elective or appointive, in respect to any agreement or undertaking to which the provisions of this chapter rela…

A grain dealer shall not purchase grain by credit-sale contract except as provided in this section . 1. The grain dealer shall be licensed pursuant to section 203.3 . All of the following apply to a grain dealer required to be licensed under that section who purchases grain by cr…

Notwithstanding chapter 22 , all financial statements of grain dealers under this chapter shall be kept confidential by the department and its agents and employees and are not subject to disclosure except as follows: 1. Upon waiver by the licensee. 2. In actions or administrative…

1. The department may adopt rules specifying the form, content, use, and maintenance of documents issued by a grain dealer under this chapter including but not limited to scale weight tickets, settlement sheets, daily position records, and credit-sale contracts. The department ma…

1. Notwithstanding the other provisions of this chapter , the department may enter into cooperative agreements with other states for the purpose of making available to those states the information acquired under the bonding, licensing, and examination procedures of this chapter .…

The department may exercise general supervision over the business operations of grain dealers. The supervisory and regulatory powers authorized by this chapter shall be the responsibility of the warehouse bureau of the department. The department may inspect or cause to be inspect…

1. A person who, in connection with the receipt of grain for storage, processing, or sale, adjusts the scale weight of the grain to compensate for the moisture content of the grain shall compute the amount of the adjustment by multiplying the scale weight of the grain by that fac…

The department shall develop a system to prioritize the inspections of grain dealers provided in section 203.9 . The system of prioritization shall be computed each year based on the risk of loss to the grain depositors and sellers indemnity fund caused by the possible insolvency…

1. This section applies to a person who is not required to be issued a license as a grain dealer pursuant to section 203.3 . The person shall not purchase grain from a producer for purposes of resale, milling, feeding, or processing. 2. Subsection 1 does not apply to any of the f…

1. A person shall not engage in the business of a grain dealer in this state without having obtained a license issued by the department. 2. The type of license required shall be determined as follows: a. A class 1 license is required if the grain dealer purchases any grain by cre…

A grain dealer licensed or required to be licensed pursuant to section 203.3 shall participate in and comply with the grain depositors and sellers indemnity fund provided in chapter 203D . [C75, 77, 79, 81, §542.4 ; 81 Acts, ch 180, §5 ] 86 Acts, ch 1006, §2 ; 86 Acts, ch 1152, §…

1. a. Upon the filing of an application on a form prescribed by the department and compliance with the terms and conditions of this chapter including rules of the department, the department shall issue the applicant a grain dealer’s license. The license expires at the end of the …

The department shall charge the following fees for deposit in the general fund: 1. a. For the issuance or renewal of a license required under section 203.3 , and for any inspection of a grain dealer, the fee shall be determined on the basis of all bushels of grain purchased durin…

The grain dealer’s license shall be posted in a conspicuous location in the place of business. A grain dealer’s license is not transferable. [C75, 77, 79, 81, §542.7 ; 81 Acts, ch 180, §8 ] 83 Acts, ch 18, §3 C93, §203.7

1. a. A grain dealer licensed or required to be licensed pursuant to section 203.3 shall pay the purchase price to the seller for grain as follows: (1) Upon delivery or later upon demand by the seller. If the seller does not make a demand, the grain dealer shall pay the purchase …

1. The department may inspect the premises used by any grain dealer in the conduct of the dealer’s business at any time. The department may inspect a grain dealer’s records that pertain to grain transactions during ordinary business hours. The department shall inspect a grain dea…

As used in this chapter : 1. “Agricultural product” shall mean any product of agricultural activity suitable for storage in quantity, including refined or unrefined sugar and canned agricultural products and shall also mean any product intended for consumption in the production o…

1. The cessation of a warehouse operator’s license occurs from any of the following: a. The revocation of the license by the department as provided in subsection 2 . b. The cancellation of the license as provided in section 203C.37 . c. The expiration of the license according to …

1. The department shall proceed under section 203C.15 if it has cause to believe that a licensed warehouse operator does not provide for and carry an insurance policy as required in that section. 2. If the department determines that the net worth of a licensed warehouse operator …

A person licensed to operate a warehouse under this chapter shall participate in and comply with the grain depositors and sellers indemnity fund provided in chapter 203D . [C24, 27, 31, §9723; C35, §9751-g5; C39, § 9751.05; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §543.12…