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

A person other than a licensed warehouse operator shall not place in storage or accept for storage any bulk grain. A person shall not place bulk grain in storage in a warehouse other than a licensed warehouse. This section shall not apply to any of the following: 1. The acceptanc…

1. Grain deposited with a licensed warehouse operator for which the actual sale price has not been fixed and either proper documentation has not been furnished or payment has not been made shall be considered stored grain and may be retained in open storage or placed under wareho…

1. For all agricultural products that become storage in a licensed warehouse, warehouse receipts signed by the licensed warehouse operator or the operator’s authorized agent shall be issued by the licensed warehouse operator. Such warehouse receipts shall be in the form required …

1. Insofar as not inconsistent with the provisions of this chapter , original or duplicate receipts issued by licensed warehouse operators shall be deemed to have been issued under the provisions of uniform commercial code, chapter 554, article 7 . 2. Duplicates and releases for …

1. The department shall administer this chapter and may exercise general supervision over the storage, warehousing, classifying according to grade or otherwise, weighing, and certification of agricultural products. 2. The department may inspect or cause to be inspected any wareho…

A licensed warehouse operator may issue a warehouse receipt for agricultural products owned by the warehouse operator and dispose of the title to or interest in such products through the medium of such receipt. Such receipt shall be of the same standing as though it had been issu…

1. A warehouse operator shall maintain at all times sufficient quantity and quality of grain or other agricultural products to cover the warehouse operator’s obligation. A warehouse operator shall not at any time have less grain or other agricultural products in the warehouse tha…

Notwithstanding the provisions of chapter 22 , all financial statements of warehouse operators 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 a…

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…

1. A warehouse operator shall, at the time of application for a license, file a tariff with the department which shall contain rates to be charged for receiving, storage, and load-out of grain. The tariff shall be posted in a conspicuous place at the place of business of the lice…

1. The department in its discretion may, following summary suspension of a license under section 203C.10 , or following a suspension or revocation of a license as otherwise provided in section 203C.10 or 203C.11 , file a verified petition in the district court requesting that the…

Grain or any other fungible agricultural product stored in a warehouse licensed under this chapter for which no separate compartment is provided, and its identity preserved, shall be inspected and graded. [C24, 27, 31, §9733; C35, §9751-g14; C39, § 9751.14; C46, 50, 54, 58, 62, 6…

1. The department shall charge the following fees for deposit in the general fund: a. For the issuance or renewal of a warehouse license, the fee shall be determined on the basis of the storage capacity in bushels of grain as follows: (1) If the total storage capacity is one hund…

Every warehouse operator’s license issued under this chapter shall be conspicuously displayed in the office of the warehouse for the operation of which the license has been issued. [C24, 27, 31, §9728; C35, §9751-g10; C39, § 9751.10; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 8…

1. A person who knowingly withholds information from or knowingly submits false information to the department or any of its employees in a record required to be maintained or submitted to the department under this chapter commits a fraudulent practice as provided in chapter 714 .…

1. The department shall establish, by rule, civil penalties which may be administratively or judicially assessed against a warehouse operator 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 vio…

1. a. Upon the filing of an application pursuant to section 203C.7 and compliance with the terms and conditions of this chapter including rules of the department, the department shall issue the applicant a warehouse operator’s license. The license expires at the end of the third …

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 of any agreement or undertaking to which the provisions of this chapter rela…

A licensed warehouse operator may store grain in an alternative warehouse located in Iowa or another state as provided in this section . 1. a. The alternative warehouse located in Iowa must be another licensed warehouse or a warehouse licensed pursuant to the United States Wareho…

1. When the department is appointed as receiver under this chapter the issuer of a deficiency bond or of an irrevocable letter of credit pursuant to section 203C.6 shall be joined as a party defendant by the department. If required by the court, the issuer shall pay the indemnifi…

The department shall develop a system to prioritize the inspections of warehouse operators provided in section 203C.2 . 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 ins…

1. The department shall adopt rules as it deems necessary for the efficient administration of this chapter , and may designate an employee or officer of the department to act for the department in any details connected with administration, including the issuance of licenses and a…

1. The department, upon application to it, may issue to a warehouse operator or to a person about to become a warehouse operator a license for the operation of a warehouse in accordance with this chapter and the rules adopted by the department under section 203C.5 . A single lice…

1. Each application for the issuance of a license shall be in writing on a form prescribed by the department, subscribed and sworn to by the applicant or a duly authorized representative of the applicant. In addition to any other information required by rule of the department the…

The department shall determine with respect to each application for a license whether the warehouse or warehouses described in the application is or are suitable for the proper and safe storage of the particular agricultural product or products intended to be stored therein in th…

The department is authorized, upon its own motion, or upon receipt of written application, to amend any license previously issued by it, to change or modify the provisions as to the type and quantity of agricultural products which may be stored in the warehouse or warehouses in r…

As used in this chapter , unless the context otherwise requires: 1. “Board” means the Iowa grain indemnity fund board created in section 203D.4 . 2. “Credit-sale contract” means the same as defined in section 203.1 . 3. “Deferred-payment contract” means the same as defined in sec…

All licensed grain dealers and licensed warehouse operators shall participate in the fund. 86 Acts, ch 1152, §32 C87, §543A.2 87 Acts, ch 147, §11 C93, §203D.2 Section not amended; headnote revised

1. The grain depositors and sellers indemnity fund is created in the state treasury as a separate account. The general fund of the state is not liable for claims presented against the fund under sections 203D.6 and 203D.6A . 2. The fund consists of all of the following: a. Partic…

The department shall collect indemnity fees, including participation fees and per-bushel fees as provided in this section , if imposed by the board pursuant to section 203D.5 , at rates determined by the board as provided in that section. A licensee shall remit indemnity fees and…

1. The Iowa grain indemnity fund board is established to advise the department on matters relating to the fund and to perform the duties provided it in this chapter . The board is composed of the secretary of agriculture or a designee who shall serve as president; the state treas…

1. The board shall annually review the debits of and credits to the grain depositors and sellers indemnity fund created in section 203D.3 and shall determine whether to impose the indemnity fees as provided in section 203D.3A , make adjustments to the indemnity fees effective on …

The board may enforce a lien attached to assets held by a licensee under chapter 203 or 203C . The lien shall be perfected and enforced pursuant to section 203.12A or 203C.12A . 92 Acts, ch 1239, §78

1. Person who may file a claim. a. A depositor or seller may file a claim with the department for the indemnification of dollar value losses from the grain depositors and sellers indemnity fund. A claim shall be filed by a depositor or seller in the manner prescribed by rules ado…

1. A separate process is established to provide for the fund’s indemnification of a repayment claim that includes a repayment loss incurred by a seller against a grain dealer, if the grain dealer is a debtor in bankruptcy under the protections provided in Tit. 11 of the United St…

This chapter does not 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 of any agreement or undertaking to which this chapter relates. 86 Acts, ch 1152, §37 C87, §543A.7 C…

1. Unless another civil penalty is otherwise provided in this chapter , a person who violates a provision of this chapter is subject to a civil penalty of not less than five hundred dollars and not more than two thousand five hundred dollars. The department shall impose, assess, …

1. A person shall not possess, use, manufacture, market, transport, deliver, or distribute harvested hemp or a hemp product if the intended use of the harvested hemp or hemp product is introduction into the body of a human by any method of inhalation, including any of the followi…

1. A person engaged in the retail sale of a consumable hemp product in this state without being registered with the department of health and human services as required in section 204.7 shall be subject to a civil penalty of not more than ten thousand dollars. The department of he…

1. a. A person engaged in the retail sale of a consumable hemp product who is not registered with the department of health and human services as required in section 204.7 commits a serious misdemeanor. b. A person engaged in the retail sale of an item advertised as a consumable h…

1. A person shall not sell, give, or otherwise distribute a consumable hemp product to a person under twenty-one years of age. 2. A person who violates subsection 1 is guilty of a simple misdemeanor. 2024 Acts, ch 1176, §12 Referred to in §204.14F

1. A person under twenty-one years of age shall not consume, possess, purchase, or attempt to purchase a consumable hemp product. 2. A person who violates subsection 1 shall be subject to a scheduled violation in the form of a civil penalty pursuant to section 805.8C, subsection …

1. a. A person who would otherwise act to commit an offense under section 204.14D is not guilty of that offense if the person acts under the direction or consent of the department of public safety or a local law enforcement agency as part of an enforcement investigation. b. A per…

1. The department of health and human services may order the confiscation and disposal of a hemp product based on any of the following: a. It is falsely advertised, sold, or distributed as a consumable hemp product. b. It exceeds the maximum tetrahydrocannabinol concentration all…

1. Nothing in this chapter shall be construed or applied to be in conflict with any of the following: a. Applicable federal law and related regulations. b. Other laws of this state, including any administrative rules, relating to product development, product manufacturing, consum…

As used in this chapter , unless the context otherwise requires: 1. “Advertise” means to present a commercial message in any medium, including but not limited to print, radio, television, sign, display, label, tag, or articulation. 2. “Consumable hemp product” means a hemp produc…