2023 Iowa Code › Title V - AGRICULTURE › Chapter 206 - PESTICIDES › Section 206.18 - Exception to penalties.

206.18 Exception to penalties.
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 copy all records showing the transactions in and movement of the articles.
b. Public officials of this state and the federal government engaged in the performance of their official duties.
c. The manufacturer or shipper of a pesticide for experimental use only:
(1) By or under the supervision of an agency of this state or of the federal government authorized by law to conduct research in the field of pesticides.
(2) By others if the pesticide is not sold and if the container thereof is plainly and conspicuously marked “For experimental use only — not to be sold”, together with the manufacturer’s name and address; provided, however, that if a written permit has been obtained from the secretary, pesticides may be sold for experimental purposes subject to such restrictions and conditions as may be set forth in the permit.
2. No article shall be deemed in violation of this chapter when intended solely for export to a foreign country, and when prepared or packed according to the specifications or directions of the purchaser. If not so exported, all the provisions of this chapter shall apply.
3. The provisions of section 206.6 relating to licenses and requirements for their issuance shall not apply to any farmer applying pesticides for the farmer or with ground equipment or manually for the farmer’s neighbors; provided, that:
a. The farmer operates farm property and operates and maintains pesticide application equipment primarily for the farmer’s own use;
b. The farmer is not regularly engaged in the business of applying pesticides for hire amounting to a principal or regular occupation and that the farmer shall not publicly claim to be a pesticide applicator;
c. The farmer operates the pesticide application equipment only in the vicinity of the farmer’s own property and for the accommodation of the farmer’s neighbors.
4. The licensing requirements of section 206.6 shall not apply to persons using hand-powered or self-propelled equipment not exceeding seven and one-half horsepower as determined by rules promulgated by the department to apply pesticides to lawns, or to ornamental shrubs and trees not in excess of twelve feet high, as an incidental part of taking care of household lawns and yards provided, that such persons shall not publicly hold themselves out as being in the business of applying pesticides, and that such persons do not apply restricted use pesticides or state restricted use pesticides, restricted to use only by certified applicators.
5. The provisions of section 206.6 relating to licenses and requirements for their issuance shall not apply to a doctor of veterinary medicine applying pesticides to animals during the normal course of veterinary practice; provided that the veterinarian is not regularly engaged in the business of applying pesticides for hire amounting to a principal or regular occupation or does not publicly claim to be a pesticide applicator; and that the veterinarian does not apply restricted use pesticides, or state restricted use pesticides, restricted to use by certified applicators only.
[C66, 71, 73, §206.8; C75, 77, 79, 81, §206.18]