reglab/statecodes huggingface dataset:
2023 Iowa Code › Title V - AGRICULTURE › Chapter 202A - LIVESTOCK MARKETING PRACTICES › Section 202A.2 - Purchase reports — filing.

202A.2 Purchase reports — filing.
1. A packer shall file purchase reports with the department which include information relating to the purchase of livestock as required by the department. The purchase reports shall be completed in a manner prescribed by the department. The department may require that purchase reports be filed in an electronic format. A packer shall file purchase reports at times determined practicable by the department, but not later than two business days following the event being reported.
2. a. The information required to be reported may include but is not limited to livestock purchased, committed for delivery, or slaughtered. The information may include the volume of daily purchases and the weight, grade, and price paid for livestock, including all premiums, discounts, or adjustments. If livestock is purchased pursuant to contract, the department may require that information in the purchase report be categorized by the type of contract. The purchase reports shall allow the department to compare prices paid under contract with cash market prices.
b. This section does not require that information reported include future plans, events, or transactions, unless provided for by contract.
3. The department may provide for the public dissemination of information contained in purchase reports.
a. The department may enter into an agreement with the United States department of agriculture or any private marketing service in order to disseminate information contained in purchase reports.
b. The department, in consultation with the office of attorney general, shall designate information in purchase reports that reveals the identity of a packer or livestock seller as confidential pursuant to section 22.7.
99 Acts, ch 88, §3, 11, 13
Referred to in §22.7(39), 202A.3, 202A.5, 202A.6, 202A.7
Future repeal of section if substantially similar federal legislation or regulation is implemented; finding and order by secretary of agriculture; see
99 Acts, ch 88, §11
2023 Iowa Code › Title V - AGRICULTURE › Chapter 202A - LIVESTOCK MARKETING PRACTICES › Section 202A.3 - Purchase notice — posting.

202A.3 Purchase notice — posting.
1. a. A packer shall post a purchase notice which includes information relating to the purchase of livestock as required by the department. The information contained in the purchase notice shall include a summary of information required to be filed in purchase reports as provided in section 202A.2.
b. This section does not require that information contained in a purchase notice include future plans, events, or transactions unless provided for by contract.
2. The information contained in the purchase notice shall appear in a format that can be understood by a reasonable person familiar with selling livestock. The notice shall be posted in a conspicuous place at the point of delivery in a manner prescribed by the department.
99 Acts, ch 88, §4, 13
Referred to in §202A.5, 202A.7
Future repeal of section if substantially similar federal legislation or regulation is implemented; finding and order by secretary of agriculture; see
99 Acts, ch 88, §11
2023 Iowa Code › Title V - AGRICULTURE › Chapter 202A - LIVESTOCK MARKETING PRACTICES › Section 202A.4 - Confidentiality provisions in contracts prohibited.

202A.4 Confidentiality provisions in contracts prohibited.
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 and after April 29, 1999, for the purchase of livestock is void, if the provision states that information contained in the contract is confidential. The provision is void regardless of whether the confidentiality provision is express or implied; oral or written; required or conditional; contained in the contract, another contract, or in a related document, policy, or agreement. This section does not affect other provisions of a contract or a related document, policy, or agreement which can be given effect without the voided provision. This section does not require either party to the contract to divulge the information in the contract to another person.
99 Acts, ch 88, §5, 13
Referred to in §202A.7, 714.8
2023 Iowa Code › Title V - AGRICULTURE › Chapter 202A - LIVESTOCK MARKETING PRACTICES › Section 202A.5 - Rules.

202A.5 Rules.
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 requirements pursuant to section 202A.2.
b. Purchase notice posting requirements pursuant to section 202A.3.
99 Acts, ch 88, §6, 13
Future repeal of all or a portion of subsection 2 if substantially similar federal legislation or regulation is implemented; finding and order by secretary of agriculture; see
99 Acts, ch 88, §11
2023 Iowa Code › Title V - AGRICULTURE › Chapter 202A - LIVESTOCK MARKETING PRACTICES › Section 202A.6 - Enforcement.

202A.6 Enforcement.
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 of this chapter, the attorney general may do all of the following:
a. Apply to the district court for an injunction to do any of the following:
(1) Restrain a packer from engaging in conduct or practices in violation of this chapter.
(2) Require a packer to comply with a provision of this chapter.
b. Apply to district court for the issuance of a subpoena to obtain contracts, documents, or other records for purposes of enforcing this chapter.
c. Bring an action in district court to enforce penalties provided in this chapter, including the imposition, assessment, and collection of monetary penalties.
3. The attorney general shall have access to all information reported by packers pursuant to section 202A.2, regardless of whether the information is confidential. The attorney general may use the information in order to enforce this chapter or may submit the information to a federal agency.
99 Acts, ch 88, §7, 11, 13
Future repeal of subsection 1, paragraph b, and subsection 3 if substantially similar federal legislation or regulation is implemented; finding and order by secretary of agriculture; see
99 Acts, ch 88, §11
2023 Iowa Code › Title V - AGRICULTURE › Chapter 202A - LIVESTOCK MARKETING PRACTICES › Section 202A.7 - Penalties.

202A.7 Penalties.
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 a separate violation.
2. A packer who fails to post a timely, accurate, or complete purchase notice as required pursuant to section 202A.3 is subject to a civil penalty of not more than one thousand dollars. Each failure by a packer to post a timely, accurate, or complete purchase notice constitutes a separate violation.
3. A packer who includes a confidentiality provision in a contract with a livestock seller in violation of section 202A.4 is guilty of a fraudulent practice as provided in section 714.8.
99 Acts, ch 88, §8, 11, 13
Future repeal of subsections 1 and 2 if substantially similar federal legislation or regulation is implemented; finding and order by secretary of agriculture; see
99 Acts, ch 88, §11
2023 Iowa Code › Title V - AGRICULTURE › Chapter 202B - SWINE AND BEEF PROCESSORS › Section 202B.101 - Purpose.

202B.101 Purpose.
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 processors from gaining control of beef or swine production.
2003 Acts, ch 115, §4, 16, 19
2023 Iowa Code › Title V - AGRICULTURE › Chapter 202B - SWINE AND BEEF PROCESSORS › Section 202B.202 - Compliance requirements.

202B.202 Compliance requirements.
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 with section 9H.2, as amended by
2003 Iowa Acts, ch. 115
.
b. Notwithstanding any provision of this section, a cooperative association shall not take an action on or after May 9, 2003, that would be in violation of section 9H.2, as amended by
2003 Iowa Acts, ch. 115
.
2. A processor that was in compliance with section 9H.2, Code 2001, prior to January 1, 2002, and which is in violation of section 9H.2, as amended by
2002 Iowa Acts, ch. 1095
, shall have until June 30, 2006, to comply with section 9H.2, as amended by
2002 Iowa Acts, ch. 1095
.
3. Notwithstanding any provision of this section, a processor shall not take an action on or after January 1, 2002, that would be in violation of section 9H.2, as amended by
2002 Iowa Acts, ch. 1095
.
4. The two-year period that a person who holds an executive position in a processor or owes a processor a fiduciary duty and thus is deemed to be a processor as provided in section 202B.102, subsection 10, paragraph “b”, shall not apply if the person held the position or owed the duty on January 1, 2002, and relinquishes the position or duty on or before June 30, 2006.
2002 Acts, ch 1095, §5, 10 – 12
C2003, §9H.2A
2003 Acts, ch 115, §6 – 9, 16, 19
CS2003, §202B.202
2014 Acts, ch 1026, §143; 2021 Acts, ch 76, §46
Referred to in §202B.201
2023 Iowa Code › Title V - AGRICULTURE › Chapter 202B - SWINE AND BEEF PROCESSORS › Section 202B.301 - Reports by contract feeders.

202B.301 Reports by contract feeders.
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 person.
2. For each county, which the contractor shall identify, the approximate total number of swine or head of poultry subject to a contract for feeding and care as described in section 202B.102, subsection 6.
3. The name and address of the purchaser of the swine or poultry.
88 Acts, ch 1191, §6
C89, §172C.5B
C93, §9H.5B
2002 Acts, ch 1095, §10 – 12; 2003 Acts, ch 115, §16, 19
CS2003, §202B.301
Referred to in §202B.102
2023 Iowa Code › Title V - AGRICULTURE › Chapter 202B - SWINE AND BEEF PROCESSORS › Section 202B.302 - Reports by processors.

202B.302 Reports by processors.
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 in this state during the processor’s preceding tax year.
b. The total number of swine and the total number of cattle owned and fed more than thirty days by the processor during the processor’s preceding tax year.
c. The number of swine and the number of cattle slaughtered in this state by the processor during the processor’s preceding tax year.
d. The total number of swine and the total number of cattle slaughtered by the processor during the processor’s preceding tax year.
e. The total wholesale value of beef or pork products that have been processed by the processor during the preceding tax year.
f. The total number of swine for which the processor has contracted for feeding as provided in section 202B.201.
2. For a qualified processor, the report shall include all of the following:
a. The total number of swine slaughtered each day during the qualified processor’s preceding tax year.
b. The total number of swine slaughtered each day that are purchased through cash or spot market purchases during the qualified processor’s preceding tax year.
[C77, 79, 81, §172C.9]
88 Acts, ch 1191, §7
C93, §9H.9
2000 Acts, ch 1022, §1; 2002 Acts, ch 1095, §7, 11, 12; 2003 Acts, ch 115, §16, 19
CS2003, §202B.302
2023 Iowa Code › Title V - AGRICULTURE › Chapter 202B - SWINE AND BEEF PROCESSORS › Section 202B.303 - Signing reports.

202B.303 Signing reports.
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 other authorized representative of the partnership. Reports by individuals shall be signed by the individual or an authorized representative.
[C77, 79, 81, §172C.10]
C93, §9H.10
93 Acts, ch 39, §19; 2003 Acts, ch 115, §16, 19
CS2003, §202B.303
2023 Iowa Code › Title V - AGRICULTURE › Chapter 202B - SWINE AND BEEF PROCESSORS › Section 202B.304 - Duties of secretary of state.

202B.304 Duties of secretary of state.
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 committees of the general assembly in order to determine the extent of production operations being carried out in this state by contract feeders and processors and the effect of such practices upon the economy of this state. The reports of contract feeders and processors required in this chapter shall be confidential reports except as to the attorney general for review and appropriate action when necessary. The secretary of state shall assist any committee of the general assembly existing or established for the purposes of studying the effects of this chapter and the practices this chapter seeks to study and regulate.
[C77, 79, 81, §172C.14]
88 Acts, ch 1191, §9; 91 Acts, ch 172, §7
C93, §9H.14
93 Acts, ch 39, §20; 2003 Acts, ch 115, §13, 16, 19
CS2003, §202B.304
2023 Iowa Code › Title V - AGRICULTURE › Chapter 202B - SWINE AND BEEF PROCESSORS › Section 202B.305 - Additional information.

202B.305 Additional information.
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
2023 Iowa Code › Title V - AGRICULTURE › Chapter 202B - SWINE AND BEEF PROCESSORS › Section 202B.401 - Penalties — injunctive relief.

202B.401 Penalties — injunctive relief.
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 violates section 202B.201 is subject to a civil penalty of not more than twenty-five thousand dollars. Each day that a violation continues shall be considered a separate offense.
b. If the attorney general or a county attorney is the prevailing party in an action for a violation of section 202B.201, the prevailing party shall be awarded court costs and reasonable attorney fees, which shall be taxed as part of the costs of the action. If the attorney general is the prevailing party, the moneys shall be deposited in the general fund of the state. If the county is the prevailing party, the moneys shall be deposited in the general fund of the county.
[C77, 79, 81, §172C.3]
91 Acts, ch 172, §3
C93, §9H.3
2002 Acts, ch 1095, §6, 11, 12; 2003 Acts, ch 115, §16, 19
CS2003, §202B.401
2023 Iowa Code › Title V - AGRICULTURE › Chapter 202B - SWINE AND BEEF PROCESSORS › Section 202B.402 - Penalties — reports.

202B.402 Penalties — reports.
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 filed.
3. The secretary of state shall notify a person who the secretary has reason to believe is required to file a report as provided by this chapter and who has not filed a timely report, that the person may be in violation of this section. The secretary of state shall include in the notice a statement of the penalty which may be assessed if the required report is not filed within thirty days. The secretary of state shall refer to the attorney general any person who the secretary has reason to believe is required to report under this chapter if, after thirty days from receipt of the notice, the person has not filed the required report. The attorney general may, upon referral from the secretary of state, file an action in district court to seek the assessment of a civil penalty of one hundred dollars for each day the report is not filed.
[C77, 79, 81, §172C.11]
91 Acts, ch 172, §6
C93, §9H.11
2003 Acts, ch 115, §16, 19
CS2003, §202B.402
2017 Acts, ch 54, §76
2023 Iowa Code › Title V - AGRICULTURE › Chapter 202C - FEEDER PIG DEALERS › Section 202C.1 - Definitions.

202C.1 Definitions.
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” means the department of agriculture and land stewardship.
3. “Feeder pig” means an immature swine fed for purposes of direct slaughter which weighs one hundred pounds or less.
4. “Financial institution” means a bank or savings association authorized by the laws of the United States, which is a member of the federal deposit insurance corporation, the federal savings and loan insurance corporation, or the national bank for cooperatives established in the Agricultural Credit Act, Pub. L. No. 100-233.
5. “Purchaser” means the owner or operator of a farm as provided in section 163.30 who is delivered feeder pigs pursuant to a sales agreement in which the owner or operator is a party.
6. “Sales agreement” means an oral or written contract executed between a dealer and a purchaser for the sale of feeder pigs.
2003 Acts, ch 90, §2; 2004 Acts, ch 1095, §2, 6; 2012 Acts, ch 1017, §54
2023 Iowa Code › Title V - AGRICULTURE › Chapter 202C - FEEDER PIG DEALERS › Section 202C.2 - Evidence of financial responsibility — requirements.

202C.2 Evidence of financial responsibility — requirements.
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. The evidence of financial responsibility shall be provided to the department before the dealer’s license is issued or renewed pursuant to section 163.30.
3. The amount of the evidence of financial responsibility shall be established by rules which shall be adopted by the department. Unless the department otherwise has good cause, the rules shall be based upon the volume of sales reported by the dealer to the United States department of agriculture grain inspection, packers and stockyards administration. However, the evidence of financial responsibility shall not be for less than five thousand dollars or for more than twenty-five thousand dollars. The department may increase the amount of the evidence of financial responsibility for a dealer upon a showing of good cause.
4. The evidence of financial responsibility must be conditioned upon the dealer’s faithful performance of the terms and conditions of the sales agreement. The surety’s or issuer’s liability extends to each such sales agreement executed while the surety bond or letter of credit is in force and until performance or the rescission of the sales agreement.
5. The evidence of financial responsibility shall be continuous in nature until canceled by the surety or issuer. The surety or issuer shall provide at least ninety days’ notice in writing to the dealer and the department indicating the surety’s or issuer’s intent to cancel the surety bond or letter of credit and the effective date of the cancellation. The dealer shall have sixty days from the date of receipt of the surety’s or issuer’s notice of cancellation to file a replacement. However, the surety or issuer remains liable for damages arising from sales agreements which were executed during the effective period of the evidence of financial responsibility.
2003 Acts, ch 90, §3; 2004 Acts, ch 1095, §3, 6; 2017 Acts, ch 54, §76
Referred to in §163.30
2023 Iowa Code › Title V - AGRICULTURE › Chapter 202C - FEEDER PIG DEALERS › Section 202C.3 - Surety or issuer — liability.

202C.3 Surety or issuer — liability.
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 awarded interest as determined pursuant to section 668.13, beginning from the date that the sales agreement was executed. The purchaser may also be awarded court costs and reasonable attorney fees, which shall be taxed as part of the costs of the legal action.
2. The aggregate liability of the surety or issuer due to a breach of a sales agreement shall not exceed the amount of the evidence of financial responsibility.
3. A legal action brought by a purchaser against the surety on the bond or the issuer of the irrevocable letter of credit shall be brought not later than one hundred eighty days after the date that the dealer delivers the feeder pigs to the purchaser pursuant to the sales agreement.
2003 Acts, ch 90, §4; 2004 Acts, ch 1095, §4, 6
2023 Iowa Code › Title V - AGRICULTURE › Chapter 202C - FEEDER PIG DEALERS › Section 202C.4 - Departmental rules.

202C.4 Departmental rules.
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 responsibility, including replacement bonds or letters of credit, requirements for the cancellation of the evidence of financial responsibility, and the liability of a surety or issuer after cancellation.
2003 Acts, ch 90, §5
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203 - GRAIN DEALERS › Section 203.2 - Powers and duties of the department.

203.2 Powers and duties of the department.
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 inspected any grain dealer operating in this state and may require the filing of reports pertaining to the operation of the dealer’s business. The department shall adopt rules to provide for the efficient administration and regulation of the provisions of this chapter, and may designate an employee of the department to act for the department in any details connected with such administration, including the issuance of licenses and approval of grain dealers’ bonds in the name of the department.
[C75, 77, 79, 81, §542.2]
89 Acts, ch 143, §101
C93, §203.2
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203 - GRAIN DEALERS › Section 203.2A - Grain purchasers who are not licensed grain dealers — special notice requirements.

203.2A Grain purchasers who are not licensed grain dealers — special notice requirements.
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 following:
a. A person who purchases less than fifty thousand bushels of grain from all producers in the twelve months prior to purchasing grain from the producer.
b. A person who provides notice to the producer as provided in subsection 3.
3. a. The notice must be in the following form:
ATTENTION TO PRODUCERS:
The person purchasing this grain is not a licensed grain dealer and this is not a covered transaction eligible for indemnification from the grain dealers and sellers indemnity fund as provided in Iowa Code section 203D.3
b. The notice must be provided to the producer prior to or at the time of the purchase. The notice may appear on a separate statement or as part of a document received by the producer, including a contract or receipt, as required by the department.
c. The notice must appear in a printed boldface font in at least ten point type.
99 Acts, ch 106, §4; 2012 Acts, ch 1095, §87
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203 - GRAIN DEALERS › Section 203.4 - Participation in indemnity fund required.

203.4 Participation in indemnity fund required.
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, §5
C93, §203.4
2003 Acts, ch 69, §3
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203 - GRAIN DEALERS › Section 203.6 - Fees.

203.6 Fees.
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 during the grain dealer’s previous fiscal year according to the grain dealer’s financial statement required in section 203.3. The fee shall be calculated according to the following schedule:
(1) If the total number of bushels purchased is thirty-five thousand or less, the license fee is sixty-six dollars and the inspection fee is eighty-three dollars.
(2) If the total number of bushels purchased is more than thirty-five thousand, but not more than two hundred fifty thousand, the license fee is one hundred sixteen dollars and the inspection fee is one hundred twenty-five dollars.
(3) If the total number of bushels purchased is more than two hundred fifty thousand, but not more than five hundred thousand, the license fee is one hundred sixty-six dollars and the inspection fee is one hundred ninety-one dollars.
(4) If the total number of bushels purchased is more than five hundred thousand, but not more than one million, the license fee is two hundred ninety-one dollars and the inspection fee is two hundred forty-nine dollars.
(5) If the total number of bushels purchased is more than one million, but not more than one million eight hundred fifty thousand, the license fee is four hundred ninety-eight dollars and the inspection fee is three hundred seven dollars.
(6) If the total number of bushels purchased is more than one million eight hundred fifty thousand, but not more than three million two hundred thousand, the license fee is seven hundred six dollars and the inspection fee is three hundred seventy-four dollars.
(7) If the total number of bushels purchased is more than three million two hundred thousand, the license fee is nine hundred fifty-five dollars and the inspection fee is four hundred forty dollars.
b. If the applicant did not purchase grain in the applicant’s previous fiscal year, the applicant shall pay the fee specified in paragraph “a”, subparagraph (1). If during the licensee’s fiscal year the number of bushels of grain actually purchased exceeds thirty-five thousand, the licensee shall notify the department and the license and inspection fee shall be adjusted accordingly. Subsequent adjustments shall be made as necessary. An applicant may elect licensing in any category of this subsection. Fees for new licenses issued for less than a full year shall be prorated from the date of application.
2. For an amendment to a license, the fee is ten dollars.
3. For a duplicate license, the fee is five dollars.
4. For reinstatement of a license the fee is fifty dollars.
[C75, 77, 79, 81, §542.6; 81 Acts, ch 180, §7, 32]
83 Acts, ch 18, §2; 83 Acts, ch 175, §3, 4; 84 Acts, ch 1100, §2; 92 Acts, ch 1239, §59
C93, §203.6
2009 Acts, ch 41, §215
Referred to in §203.5
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203 - GRAIN DEALERS › Section 203.7 - Posting of license.

203.7 Posting of license.
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
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203 - GRAIN DEALERS › Section 203.8 - Payment.

203.8 Payment.
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 upon delivery or demand by the seller, but not later than thirty days after delivery by the seller unless in accordance with the terms of a credit-sale contract that satisfies the requirements of this chapter. The department shall adopt rules for payment by check and electronic funds transfer.
b. A grain dealer licensed or required to be licensed pursuant to section 203.3 shall not hold a check for the purchase of grain more than five days after the grain dealer issues a check to the seller. After that date, the grain dealer shall deliver the check in person or by mail to the seller’s last known address.
2. As used in this section:
a. “Delivery” means the transfer of title to and possession of grain by a seller to a grain dealer or to another person in accordance with the agreement of the seller and the grain dealer.
b. “Payment” means the actual payment or tender of payment by a grain dealer to a seller of the agreed purchase price, or in the case of disputes as to sales of grain, the undisputed portion of the purchase price without reduction for any separate claim of the grain dealer against the seller.
[C75, 77, 79, 81, §542.8; 81 Acts, ch 180, §9]
C93, §203.8
96 Acts, ch 1030, §1; 2003 Acts, ch 69, §4
Referred to in §203.12B
See §203.15
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203 - GRAIN DEALERS › Section 203.9 - Inspection of premises and records — reconstruction of records.

203.9 Inspection of premises and records — reconstruction of records.
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 dealer’s records at least once each eighteen-month period without justification. The department shall prioritize inspections based on the system provided in section 203.22. The department may use a risk rating produced by a statistical model provided in section 203.22 as justification to conduct an inspection. A transporter of grain in transit shall possess bills of lading or other documents covering the grain, and shall present them to any law enforcement officer on demand. If there is justification to believe that a grain dealer is engaged without a license as required pursuant to section 203.3, the department may inspect the grain dealer’s records which pertain to grain transactions at any time.
2. If a grain dealer does not maintain a place of business in this state, the department is not required to inspect the grain dealer’s records. A grain dealer shall submit the grain dealer’s records relating to grain transactions occurring within this state to the department for purposes of an inspection as provided in this section at any reasonable time and place, including the offices of the department during regular business hours, as ordered by the department.
3. A grain dealer shall keep complete and accurate records. A grain dealer shall keep records for the previous six years. If the grain dealer’s records are incomplete or inaccurate, the department may reconstruct the grain dealer’s records in order to determine whether the grain dealer is in compliance with the provisions of this chapter. The department may charge the grain dealer the actual cost for reconstructing the grain dealer’s records, which shall be considered repayment receipts as defined in section 8.2.
4. The department may suspend or revoke the license of a grain dealer for failing to consent to a departmental inspection or cooperate with the department during an inspection as provided in this chapter.
[C75, 77, 79, 81, §542.9; 81 Acts, ch 180, §10]
84 Acts, ch 1224, §2; 86 Acts, ch 1152, §6; 89 Acts, ch 143, §101; 92 Acts, ch 1239, §60
C93, §203.9
2003 Acts, ch 69, §5; 2012 Acts, ch 1095, §89
Referred to in §203.11, 203.15, 203.22
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203 - GRAIN DEALERS › Section 203.10 - Action affecting a license.

203.10 Action affecting a license.
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 terms of the license as provided in this chapter, including a rule adopted in accordance with this chapter pursuant to chapter 17A.
2. The department may issue an order to suspend or revoke the license of a grain dealer who violates a provision of this chapter, including a rule adopted in accordance with this chapter pursuant to chapter 17A.
[C75, 77, 79, 81, §542.10]
86 Acts, ch 1152, §7; 89 Acts, ch 143, §101
C93, §203.10
2003 Acts, ch 69, §6; 2012 Acts, ch 1095, §90; 2013 Acts, ch 90, §33; 2014 Acts, ch 1092, §36
Referred to in §203.12B, 203D.6
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203 - GRAIN DEALERS › Section 203.11 - Penalties — injunctions.

203.11 Penalties — injunctions.
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 person commits a serious misdemeanor if the person does any of the following:
(1) Engages in business as a grain dealer without a license as required in section 203.3.
(2) Obstructs an inspection of the person’s business premises or records required to be kept by a grain dealer pursuant to section 203.9.
(3) Uses a scale ticket or credit-sale contract in violation of this chapter or a requirement established by the department under this chapter.
b. A person who commits an offense specified in paragraph “a” after having been found guilty of the same offense commits an aggravated misdemeanor.
3. Except as provided in subsections 1 and 2, a person who violates any provision of this chapter commits a simple misdemeanor. With respect to a continuing violation, each day that the violation continues is a separate offense.
4. A person in violation of this chapter, or in violation of chapter 714 or 715A, which violation involves the business of a grain dealer, is subject to prosecution by the county attorney in the county where the business is located. However, if the county attorney fails to initiate prosecution within thirty days and upon request by the department, the attorney general may initiate and carry out the prosecution in cooperation, if possible, with the county attorney. The person in violation may be restrained by an injunction in an action brought by the department or the attorney general upon request by the department.
[C75, 77, 79, 81, §542.11; 81 Acts, ch 180, §11]
92 Acts, ch 1239, §61
C93, §203.11
2003 Acts, ch 69, §7
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203 - GRAIN DEALERS › Section 203.11A - Civil penalties.

203.11A Civil penalties.
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 continues shall constitute a separate violation. The amount of the civil penalty that may be assessed in a case shall not exceed the amount recommended by the grain industry peer review panel established pursuant to section 203.11B. Moneys collected in civil penalties by the department or the attorney general shall be deposited in the general fund of the state.
3. A civil penalty may be administratively assessed only after an opportunity for a contested case hearing under chapter 17A. The department may be represented in an administrative hearing or judicial proceeding by the attorney general. A civil penalty shall be paid within thirty days from the date that an order or judgment for the penalty becomes final. When a person against whom a civil penalty is administratively assessed under this section seeks timely judicial review of an order imposing the penalty as provided under chapter 17A, the order is not final until all judicial review processes are completed. When a person against whom a civil penalty is judicially assessed under this section seeks a timely appeal of judgment, the judgment is not final until the right of appeal is exhausted.
4. A person who fails to timely pay a civil penalty as provided in this section shall pay, in addition to the penalty, interest at the rate of one and one-half percent of the unpaid balance of the assessed penalty for each month or part of a month that the penalty remains unpaid.
99 Acts, ch 106, §5
Referred to in §203.11B
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203 - GRAIN DEALERS › Section 203.12 - Claims — cessation of a license and notice of license revocation.

203.12 Claims — cessation of a license and notice of license revocation.
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 letter of credit and with the department within one hundred twenty days after the date of the cessation. A failure to make this timely claim relieves the issuer and the grain depositors and sellers indemnity fund provided in chapter 203D of all obligations to the claimant.
2. Upon the revocation of a grain dealer license, the department shall cause notice of the revocation to be published once each week for two consecutive weeks in a newspaper of general circulation within the state of Iowa and in a newspaper of general circulation within the county of the grain dealer’s principal place of business when that dealer’s principal place of business is located in the state of Iowa. The notice shall state the name and address of the grain dealer and the effective date of revocation. The notice shall also state that any claims against the grain dealer shall be made in writing and sent by ordinary mail or delivered personally within one hundred twenty days after revocation to the grain dealer, to the issuer of a deficiency bond or of an irrevocable letter of credit, and to the department, and the notice shall state that the failure to make a timely claim does not relieve the grain dealer from liability to the claimant.
[C79, 81, §542.12]
86 Acts, ch 1152, §8
C93, §203.12
2012 Acts, ch 1095, §91
Referred to in §203D.6
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203 - GRAIN DEALERS › Section 203.14 - No obligation of state.

203.14 No obligation of state.
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 relate.
[C79, 81, §542.14]
C93, §203.14
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203 - GRAIN DEALERS › Section 203.16 - Confidentiality of records.

203.16 Confidentiality of records.
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 proceedings commenced under this chapter or chapter 203C.
3. Disclosure to the Iowa grain indemnity fund board in regard to licensees who present liability to the fund.
4. When required by subpoena or court order.
5. Disclosure to law enforcement agencies in regard to the detection and prosecution of public offenses.
6. When released to a bonding company approved by the department, or released to the United States department of agriculture or any of its divisions.
7. Where released at the request of the Iowa accountancy examining board for licensee review and discipline in accordance with chapters 272C and 542 and subject to the confidentiality requirements of section 272C.6.
8. Disclosure to the grain industry peer review panel as provided in section 203.11B.
[81 Acts, ch 180, §13]
C83, §542.16
83 Acts, ch 101, §1; 89 Acts, ch 143, §601
C93, §203.16
99 Acts, ch 106, §8; 2001 Acts, ch 55, §23, 38
Referred to in §203.11B, 203D.4
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203 - GRAIN DEALERS › Section 203.17 - Documents and records.

203.17 Documents and records.
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 tickets, settlement sheets, daily position records, and credit-sale contracts. The department may adopt rules for both printed and electronic documents, including rules for the transmission, receipt, authentication, and archiving of electronically generated or stored documents.
2. All scale ticket forms in the possession of a grain dealer shall have been permanently and consecutively numbered at the time of printing. A grain dealer shall maintain an accurate record of all scale ticket numbers. The record shall include the disposition of each numbered form, whether issued, destroyed, or otherwise disposed of.
[81 Acts, ch 180, §14]
C83, §542.17
C93, §203.17
2003 Acts, ch 69, §12; 2008 Acts, ch 1083, §8
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203 - GRAIN DEALERS › Section 203.19 - Cooperative agreements.

203.19 Cooperative agreements.
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.
2. If a cooperative agreement is in effect under this section, the indemnification requirements of this chapter may be satisfied by filing with the department evidence of a bond or an irrevocable letter of credit on file with a state or of participation in an indemnity fund in a state with which Iowa has a cooperative agreement as provided for by this section.
3. a. Indemnification proceeds shall be copayable to the state of Iowa for the benefit of sellers of grain under this chapter.
b. Indemnification proceeds required by this chapter may be made copayable to any state with whom this state has entered into contracts or agreements as authorized by this section, for the benefit of sellers of grain in that state.
[81 Acts, ch 180, §16]
C83, §542.19
86 Acts, ch 1152, §11
C93, §203.19
2009 Acts, ch 41, §263; 2010 Acts, ch 1069, §25
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203 - GRAIN DEALERS › Section 203.20 - Shrinkage adjustments — disclosures — penalties.

203.20 Shrinkage adjustments — disclosures — penalties.
1. A person who, in connection with the receipt of corn or soybeans 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 factor which results in a rate of adjustment of one and eighteen hundredths percent of weight per one percent of moisture content. The use of any rate of weight adjustment for moisture content other than the one prescribed by this subsection is a fraudulent practice. The person shall post on the business premises in a conspicuous place notice of the rate of adjustment for moisture content that is prescribed by this subsection. Failure to make this disclosure is a simple misdemeanor.
2. A person who, in connection with the receipt of grain for storage, processing or sale, adjusts the quantity of the grain received to compensate for losses to be incurred during the handling, processing, or storage of the grain shall post on the business premises in a conspicuous place notice of the rate of adjustment to be made for this shrinkage. Failure to make the required disclosure is a simple misdemeanor.
3. A person who adjusts the scale weight of corn or soybeans both for moisture content and for handling, processing, or storage losses may combine the two adjustment factors into a single factor and may use this resulting factor to compute the amount of weight adjustment in connection with storage, processing, or sale transactions, provided that the person shall post on the business premises in a conspicuous place a notice that discloses the moisture shrinkage factor prescribed by subsection 1, the handling shrinkage factor to be imposed, and the single factor that results from combining these factors. Failure to make the required disclosure is a simple misdemeanor.
[81 Acts, ch 180, §17]
C83, §542.20
C93, §203.20
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203 - GRAIN DEALERS › Section 203.22 - Prioritization of inspections of grain dealers.

203.22 Prioritization of inspections of grain dealers.
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 of the grain dealer. The department shall compute the risk by utilizing an available statistical model to measure the financial condition of grain dealers, and especially grain dealers who execute credit-sale contracts. Procedures for utilizing the statistical model shall be adopted by department rules. The statistical model shall be used to provide risk ratings. A risk rating shall be used as a factor by the department to prioritize its inspection schedule. The department may use a risk rating produced by the statistical model as justification to inspect the grain dealer at any time. A substantial risk of loss to the grain depositors and sellers indemnity fund caused by the possible insolvency of the grain dealer based on the statistical model shall be good cause.
92 Acts, ch 1239, §65
Referred to in §203.1, 203.9