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

The department may adopt rules that it deems necessary to administer and enforce this chapter . The rules shall comply with the federal hemp law, or requirements of the United States department of agriculture acting under the federal hemp law. 2024 Acts, ch 1177, §39, 55

A criminal offense involving hemp includes but is not limited to production, use, harvest, transportation, delivery, distribution, or sale of cannabis as a controlled substance except as otherwise provided in this chapter and chapter 204 . 2024 Acts, ch 1177, §40, 55

1. Except to the extent otherwise provided in the federal hemp law, or by the United States department of agriculture acting under the federal hemp law, this chapter does not affect the powers and duties of the state, including the department of public safety or a local law enfor…

Except to the extent otherwise provided in the federal hemp law, including 7 C.F.R. §990.25 , or by the United States department of agriculture acting under the federal hemp law, a person transporting hemp seed or harvested hemp in this state, on an intrastate or interstate basis…

A person is subject to criminal penalties provided under the applicable provisions in chapter 124 or 453B , if all of the following apply: 1. The person commits an offense under one of the applicable provisions of chapter 124 or 453B by possessing, handling, using, manufacturing,…

A USDA licensee who is participating in or has successfully completed the program for negligent violations as provided in 7 C.F.R. §990.29 shall not be subject to a criminal offense under chapter 124 or 453B for committing an act that otherwise would constitute the offense. 2019 …

1. Nothing in this chapter shall be construed or applied to be less stringent than required under the federal hemp law. 2. Nothing in this chapter shall be construed or applied to be in conflict with applicable federal law and related regulations. 3. Nothing in this chapter shall…

No person shall sell, offer or expose for sale, deliver, give away, or have in the person’s possession with intent to sell, except upon the original written prescription of a licensed physician, dentist, or veterinarian, any cotton root, ergot, oil of tansy, oil of savin, or deri…

Any person who obtains any poison enumerated in section 205.5 under a false name or statement shall be guilty of a fraudulent practice. [C51, §2728; R60, §4374; C73, §4038; C97, §2593; S13, §2593; C24, 27, 31, 35, 39, § 3178; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §205.…

The provisions of this chapter and chapters 124 and 126 shall be administered and enforced by the board of pharmacy. In discharging any duty or exercising any power under those chapters, the board of pharmacy shall be governed by all the provisions of chapter 189 , which govern t…

Any chemical analysis deemed necessary by the board of pharmacy in the enforcement of this chapter and chapters 124 and 126 shall be made by the department of agriculture and land stewardship when requested by the board of pharmacy. [C24, 27, 31, 35, 39, § 3180; C46, 50, 54, 58, …

Insofar as applicable, the provisions of chapter 189 shall apply to the articles dealt with in this chapter and chapters 124 and 126 . The powers vested in the department of agriculture and land stewardship by chapter 189 shall be deemed for the purpose of this chapter and chapte…

The requirements of section 205.1 that certain drugs shall be furnished only upon written prescription, shall not apply to the sale of such drugs to persons who wholesale or retail the same, nor to any licensed physician, dentist, or veterinarian for use in the practice of that p…

A person shall not fill a prescription for a drug required by chapter 124 or this chapter to be furnished only upon written prescription unless the prescription is ordered for a medical, dental, or veterinary purpose only. [S13, §2596-a; C24, 27, 31, 35, 39, § 3172; C46, 50, 54, …

No person shall have in the person’s possession or dispose of in any manner any article intended for use of humans or domestic animals, for internal or external use, for cosmetic purposes, for inhalation, or for perfumes, which contains methyl (wood) alcohol, crude or refined, or…

It shall be unlawful for any person except a licensed pharmacist to sell at retail any of the poisons enumerated in this section : Ammoniated mercury, mercury bichloride, red mercuric iodide, and other poisonous salts and compounds of mercury; salts and compounds of arsenic; salt…

It shall be unlawful for any pharmacist to sell at retail any of the poisons enumerated in section 205.5 unless the pharmacist ascertains that the purchaser is aware of the character of the drug and the purchaser represents that it is to be used for a proper purpose and every sal…

Except as otherwise provided, it shall be unlawful to vend, sell, dispense, or give away any poison enumerated in section 205.5 , or sodium chlorate or crude carbolic acid, or any other potent poisons, without affixing to the bottle, box, vessel, or package containing the same, a…

Nothing in sections 205.5 through 205.7 shall apply: 1. To proprietary medicines, provided they are not in themselves poisonous and are sold in original unbroken packages. 2. To the filling of prescriptions from or the sale to licensed physicians, dentists, or veterinarians or sa…

It shall be unlawful for any person in this state to sell or deliver any poison to any person known to be of unsound mind or under the influence of intoxicants, and it shall likewise be unlawful for any person in this state to sell or deliver any poison enumerated in section 205.…

This chapter shall be known and may be cited as the “Pesticide Act of Iowa” . [C66, 71, 73, 75, 77, 79, 81, §206.1 ]

1. If the application for renewal of a license provided for in this chapter is not filed prior to the first of January in any year, a delinquent fee of twenty-five percent shall be assessed and added to the original fee and shall be paid by the applicant before the renewal licens…

1. It shall be unlawful for any person to distribute, give, sell, or offer for sale within this state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any of the following: a. Any pesticide …

1. Every pesticide which is distributed, sold, or offered for sale for use within this state or delivered for transportation or transported in intrastate commerce between points within the state through any point outside this state shall be registered with the department of agric…

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…