reglab/statecodes huggingface dataset:
2023 Iowa Code › Title V - AGRICULTURE › Chapter 204 - IOWA HEMP ACT › Section 204.9 - Right of access.

204.9 Right of access.
1. a. The department, including an authorized inspector, employee, or agent of the department, may enter onto a crop site during reasonable hours to determine whether a licensee is acting in compliance with the requirements under this chapter. The department may also enter into any structure if all of the following apply:
(1) The structure is not a dwelling.
(2) The structure is located on or in close proximity to the licensee’s crop site, and the use of such structure is directly related to the production of hemp, including but not limited to a barn, machine shed, greenhouse, or storage crib.
b. The department may require the licensee to furnish business records, including books, accounts, records, files, and any other documents in print or electronic media that the department deems relevant to an inquiry conducted under this chapter.
c. The department may request the department of public safety or a local law enforcement agency accompany the department of agriculture and land stewardship when conducting an inspection.
2. a. The department of public safety or a local law enforcement agency may conduct an inspection of a licensee’s crop site or enter into a structure located on or in close proximity to the crop site and may require a licensee to furnish business records, in the same manner and according to the same limitations as the department of agriculture and land stewardship pursuant to subsection 1.
b. The department of public safety or a local law enforcement agency may obtain a sample of plants that are part of the crop and provide for a test of that sample as provided in section 204.8. The department of public safety or a local law enforcement agency shall not impose, assess, or collect a fee for conducting an inspection or test under this section.
3. A person shall not prevent the department, the department of public safety, or a local law enforcement agency from administering and enforcing the provisions of this section by any means, including but not limited to any act, including a refusal to allow entry, misrepresentation, omission, or concealment of facts.
4. A licensee shall not harvest any portion of a crop produced at the licensee’s crop site if the department, the department of public safety, or a local law enforcement agency has been prevented from accessing the site under this section.
2019 Acts, ch 130, §9, 18, 19; 2020 Acts, ch 1063, §72; 2020 Acts, ch 1065, §14, 19; 2020 Acts, ch 1121, §107 – 109
Referred to in §204.4, 204.7, 204.8
2023 Iowa Code › Title V - AGRICULTURE › Chapter 204 - IOWA HEMP ACT › Section 204.10 - Order of disposal.

204.10 Order of disposal.
1. If a crop that is produced at a licensee’s crop site does not qualify as hemp according to an official test conducted pursuant to section 204.8, but has a maximum concentration not in excess of two percent delta-9 tetrahydrocannabinol on a dry weight basis, the department, in consultation with the department of public safety, shall order the disposal of the crop by destruction at the site or if necessary require the crop to be removed to another location for destruction.
2. The department may request assistance from the department of public safety or a local law enforcement agency as necessary to carry out the provisions of this section. The department upon request shall deliver any sample of the crop to the department of public safety or a local law enforcement agency.
3. The licensee shall pay the department for all actual and reasonable costs of the destruction of the crop. If the department assumes any amount of the costs, it may charge that amount to the licensee. If the licensee fails to reimburse any of that amount to the department, the department may report the amount to the county treasurer. The amount shall be placed upon the tax books, and collected with interest and penalties after due, in the same manner as other unpaid property taxes. The county shall reimburse the department within thirty days from the collection of the property taxes.
4. To the extent allowed by applicable federal law, the department may provide for the disposal of the mature stalks of the crop confiscated by the department for the licensee’s on-farm use and at the licensee’s expense.
2019 Acts, ch 130, §10, 18, 19; 2020 Acts, ch 1065, §15, 19; 2020 Acts, ch 1121, §107 – 109
Referred to in §124.506, 204.8, 204.11
2023 Iowa Code › Title V - AGRICULTURE › Chapter 204 - IOWA HEMP ACT › Section 204.11 - Disciplinary action.

204.11 Disciplinary action.
1. The department may suspend or revoke a hemp license obtained under section 204.4 by a person who does any of the following:
a. Provides false or misleading information to the department under this chapter, including by submitting a false application.
b. Fails to comply with or violates any provision of this chapter, including a rule adopted by the department, the department of public safety, or a condition of an application for the issuance of a hemp license under section 204.4.
c. Fails to comply with an order issued by the department under this chapter.
2. The department shall revoke a license issued pursuant to section 204.4, if any of the following apply:
a. The department would disapprove a new application to that person for good cause as provided in section 204.4, subsection 10.
b. The person submits a materially false application to participate in the negligent violation program.
3. The suspension or revocation of a hemp license is in addition to an order of disposal under section 204.10; the imposition of a civil penalty under section 204.12, subject to the provisions of section 204.15; or the imposition of any other civil or criminal penalty authorized under state law.
2019 Acts, ch 130, §11, 18, 19
Referred to in §204.4, 204.8
2023 Iowa Code › Title V - AGRICULTURE › Chapter 204 - IOWA HEMP ACT › Section 204.12 - Civil penalties.

204.12 Civil penalties.
1. 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, and collect the civil penalty. Each day that a continuing violation occurs may be considered a separate offense.
2. Notwithstanding subsection 1, a civil penalty shall not be imposed, assessed, or collected against a licensee who is participating in or has successfully completed the negligent violation program pursuant to section 204.15.
3. All civil penalties collected under this section shall be deposited into the general fund of the state.
2019 Acts, ch 130, §12, 18, 19
Referred to in §204.11, 204.15
2023 Iowa Code › Title V - AGRICULTURE › Chapter 204 - IOWA HEMP ACT › Section 204.13 - Injunctive relief.

204.13 Injunctive relief.
The department, or the attorney general acting on behalf of the department, may apply to the district court for injunctive relief in order to restrain a person from acting in violation of this chapter. In order to obtain injunctive relief, the department, or attorney general, shall not be required to post a bond or prove the absence of an adequate remedy at law unless the court for good cause otherwise orders. The court may order any form of prohibitory or mandatory relief that is appropriate under principles of equity, including but not limited to issuing a temporary or permanent restraining order.
2019 Acts, ch 130, §13, 18, 19
2023 Iowa Code › Title V - AGRICULTURE › Chapter 204 - IOWA HEMP ACT › Section 204.14 - Criminal offense — falsified permit or certificate.

204.14 Criminal offense — falsified permit or certificate.
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, marketing, transporting, delivering, or distributing the plant cannabis, regardless of whether the plant was produced in compliance with the provisions of this chapter.
2. a. Except as provided in paragraph “b”, the person is required to hold a certificate of analysis to possess, handle, use, manufacture, market, transport, deliver, or distribute hemp that has been harvested under this chapter.
b. The person is required to hold a temporary harvest and transportation permit to possess, harvest, or move hemp.
3. The person knowingly or intentionally does any of the following:
a. Falsifies the temporary harvest and transportation permit or certificate of analysis.
b. Acquires the temporary harvest and transportation permit or certificate of analysis that the person knows has been falsified.
2019 Acts, ch 130, §14, 18, 19; 2020 Acts, ch 1065, §16, 19; 2020 Acts, ch 1121, §107 – 109
2023 Iowa Code › Title V - AGRICULTURE › Chapter 204 - IOWA HEMP ACT › Section 204.14A - Criminal offense — inhalation.

204.14A Criminal offense — inhalation.
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 following:
a. Smoke produced from combustion.
b. A type of article that uses a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical process.
c. A device, including but not limited to a cigarette, cigar, cigarillo, or pipe, regardless of whether such device produces smoke or vapor.
2. A person who violates subsection 1 is guilty of a serious misdemeanor.
3. This section does not apply to the extent that federal law, including the federal Food, Drug, and Cosmetic Act, authorizes as its intended use the introduction of harvested hemp or a hemp product into the body of a human by a method of inhalation.
2020 Acts, ch 1065, §17, 19; 2020 Acts, ch 1121, §107 – 109
Referred to in §204.2, 204.7
2023 Iowa Code › Title V - AGRICULTURE › Chapter 204 - IOWA HEMP ACT › Section 204.16 - Waivers or variances.

204.16 Waivers or variances.
If the department determines there is a conflict with a regulation or order promulgated by a federal agency and a provision of this chapter, the department may grant a variance or waiver from the provision of this chapter to the extent such variance or waiver is allowed under the federal hemp law and the United States department of agriculture. The waiver or variance shall expire not later than July 1 of the succeeding legislative session.
2019 Acts, ch 130, §16, 18, 19
2023 Iowa Code › Title V - AGRICULTURE › Chapter 204 - IOWA HEMP ACT › Section 204.17 - Statutory construction.

204.17 Statutory construction.
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 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, consumer safety, or public health so long as the state law is compatible with applicable federal law.
c. Local law relating to product development, product manufacturing, consumer safety, or public health so long as the local law is consistent with federal and state law, except as provided in section 204.7, subsection 8.
3. Except as provided in section 204.7, nothing in this chapter shall be construed or applied to prohibit a person from possessing, handling, using, manufacturing, marketing, transporting, delivering, or distributing a hemp product.
4. Nothing in this chapter shall be construed or applied to authorize a person to manufacture, recommend, possess, use, dispense, deliver, transport, or administer medical cannabidiol pursuant to chapter 124E.
5. Nothing in this chapter shall be construed or applied to infringe upon the ability of the department of public safety or a local law enforcement agency to obtain a search warrant issued by a court, or enter onto any premises in a manner consistent with the laws of this state and the United States, including
Article I, section 8, of the Constitution of the State of Iowa
, or the fourth amendment to the Constitution of the United States.
6. Nothing in this chapter shall be construed or applied to affect a statute or rule which applies to hemp or a hemp product, if it would apply in the same manner as to other articles subject to the same general regulation.
2019 Acts, ch 130, §17 – 19; 2020 Acts, ch 1065, §18, 19; 2020 Acts, ch 1121, §107 – 109
2023 Iowa Code › Title V - AGRICULTURE › Chapter 205 - SALE AND DISTRIBUTION OF POISONS › Section 205.1 - Sale of abortifacients.

205.1 Sale of abortifacients.
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 derivatives of any of said drugs.
[C51, §2728; R60, §4374; C73, §4038; C97, §2593; S13, §2593, 2596-a; C24, 27, 31, 35, 39, §3170; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §205.1]
Referred to in §205.2
2023 Iowa Code › Title V - AGRICULTURE › Chapter 205 - SALE AND DISTRIBUTION OF POISONS › Section 205.2 - Exception.

205.2 Exception.
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 person’s profession.
[S13, §2596-a; C24, 27, 31, 35, 39, §3171; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §205.2]
2023 Iowa Code › Title V - AGRICULTURE › Chapter 205 - SALE AND DISTRIBUTION OF POISONS › Section 205.3 - Prescriptions.

205.3 Prescriptions.
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, 58, 62, 66, 71, 73, 75, 77, 79, 81, §205.3]
85 Acts, ch 73, §1
2023 Iowa Code › Title V - AGRICULTURE › Chapter 205 - SALE AND DISTRIBUTION OF POISONS › Section 205.4 - Wood or denatured alcohol.

205.4 Wood or denatured alcohol.
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 completely denatured alcohol. Nothing in this section shall be construed to apply to specially denatured alcohols the formula of which has been approved and the manufacture and use regulated by the federal government.
[S13, §4999-a36; C24, 27, 31, 35, 39, §3173; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §205.4]
2023 Iowa Code › Title V - AGRICULTURE › Chapter 205 - SALE AND DISTRIBUTION OF POISONS › Section 205.5 - Regulations as to sales of certain poisons.

205.5 Regulations as to sales of certain poisons.
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; salts of antimony; salts of barium except the sulphate; salts of thallium; hydrocyanic acid and its salts; chromic, glacial acetic, and picric acids; chloral hydrate, croton oil, creosol, chloroform, dinitrophenol, ether, oil of bitter almonds, phenol, phosphorus and sodium fluoride; aconitine, arecoline, atropine, brucine, homatropine, hyoscyamine, nicotine, strychnine, and the salts of these alkaloids; aconite, belladonna, cantharides, digitalis, nux vomica, veratrum, and the preparations of these poisonous drugs.
[C51, §2728; R60, §4374; C73, §4038; C97, §2593; S13, §2593; C24, 27, 31, 35, 39, §3174; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §205.5]
2001 Acts, ch 24, §37
Referred to in §205.6, 205.7, 205.8, 205.9, 205.10
2023 Iowa Code › Title V - AGRICULTURE › Chapter 205 - SALE AND DISTRIBUTION OF POISONS › Section 205.6 - Poison register.

205.6 Poison register.
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 sale of any poison enumerated in section 205.5 shall be entered in a book kept for that purpose, to be known as a “Poison Register” and the same shall show the date of the sale, the name and address of the purchaser, the name of the poison, the purpose for which it was represented to be purchased, and the name of the natural person making the sale, which book or books shall be open for inspection by the board of pharmacy, or any magistrate or peace officer of this state, and preserved for at least five years after the date of the last sale therein recorded.
[C97, §2593; S13, §2593; C24, 27, 31, 35, 39, §3175; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §205.6]
2007 Acts, ch 10, §160
Referred to in §205.8, 205.9
2023 Iowa Code › Title V - AGRICULTURE › Chapter 205 - SALE AND DISTRIBUTION OF POISONS › Section 205.7 - Labeling poisons.

205.7 Labeling poisons.
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 label containing the name of the poison either printed or plainly written, and the word “Poison” printed in red ink, and the name and place of business of the distributor, manufacturer, wholesaler or dealer; and every package or container which contains ammonia water, concentrated lye, denatured alcohol, formaldehyde, benzol, carbon tetrachloride, commercial hydrochloric, nitric, sulphuric or oxalic acids, shall be labeled with the name of the poison, which label shall bear the name and place of business of the distributor, manufacturer, wholesaler, or dealer, the most available antidote and the word “Poison” printed in red ink in a conspicuous place thereon.
[C51, §2728; R60, §4374; C73, §4038; C97, §2588, 2593, 4976; S13, §2593; SS15, §2588; C24, 27, 31, 35, 39, §3176; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §205.7]
Referred to in §205.8
2023 Iowa Code › Title V - AGRICULTURE › Chapter 205 - SALE AND DISTRIBUTION OF POISONS › Section 205.8 - Certain sales excepted.

205.8 Certain sales excepted.
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 sales to another pharmacist or to hospitals; or to drugs dispensed by licensed physicians, dentists, or veterinarians, as an incident to the practice of their professions.
3. To insecticides and fungicides as defined in chapter 206 and commercial feeds as defined in section 198.3, provided same be labeled in accordance with said section and sold in original unbroken packages, provided, however, that stock dips and fly sprays may be sold in bulk or otherwise and the vessel or container need not have printed on the label the most available antidote.
4. To any proprietary preparation intended for use in destroying mice, rats, gophers or other lower animals, provided same is sold in original unbroken packages and bears the word “Poison”, the most available antidote, and the name of the manufacturer.
[C97, §2593; S13, §2593; C24, 27, 31, 35, 39, §3177; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §205.8]
2021 Acts, ch 80, §100
2023 Iowa Code › Title V - AGRICULTURE › Chapter 205 - SALE AND DISTRIBUTION OF POISONS › Section 205.9 - Prohibited sales.

205.9 Prohibited sales.
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 205.5 to any minor under sixteen years of age except upon a written order signed by some responsible person known to the person selling or delivering the same, which said written order shall contain all of the information required to be entered in the poison register under the provisions of section 205.6.
[C27, 31, 35, §3177-b1; C39, §3177.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §205.9]
2023 Iowa Code › Title V - AGRICULTURE › Chapter 205 - SALE AND DISTRIBUTION OF POISONS › Section 205.10 - False representations.

205.10 False representations.
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, §205.10]
2023 Iowa Code › Title V - AGRICULTURE › Chapter 205 - SALE AND DISTRIBUTION OF POISONS › Section 205.11 - Enforcement.

205.11 Enforcement.
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 the department of agriculture and land stewardship when discharging a similar duty or exercising a similar power with reference to any of the articles dealt with in this subtitle, to the extent that chapter 189 is not inconsistent with this chapter and chapters 124 and 126.
[C24, 27, 31, 35, 39, §3179; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §205.11]
89 Acts, ch 197, §27; 2007 Acts, ch 10, §161
2023 Iowa Code › Title V - AGRICULTURE › Chapter 205 - SALE AND DISTRIBUTION OF POISONS › Section 205.12 - Chemical analysis of drugs.

205.12 Chemical analysis of drugs.
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, 62, 66, 71, 73, 75, 77, 79, 81, §205.12]
89 Acts, ch 197, §28; 2007 Acts, ch 10, §162
2023 Iowa Code › Title V - AGRICULTURE › Chapter 205 - SALE AND DISTRIBUTION OF POISONS › Section 205.13 - Applicability of other statutes.

205.13 Applicability of other statutes.
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 chapters 124 and 126 to be vested in the board of pharmacy.
[C24, 27, 31, 35, 39, §3181; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §205.13]
89 Acts, ch 197, §29; 2007 Acts, ch 10, §163
2023 Iowa Code › Title V - AGRICULTURE › Chapter 206 - PESTICIDES › Section 206.3 - Examination and orders.

206.3 Examination and orders.
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 the requirements of this chapter and rules adopted under this chapter. If it shall appear from such examination that a pesticide fails to comply with the provisions of this chapter, and the secretary, or the secretary’s authorized representative, contemplates instituting criminal proceedings against any person, the secretary or representative shall cause notice to be given to such person. Any person so notified shall be given an opportunity to present the person’s views, either orally or in writing, with regard to such contemplated proceedings and if thereafter in the opinion of the secretary, or authorized representative, it shall appear that the provisions of the chapter have been violated by such person, then the secretary or authorized representative may refer the facts to the county attorney for the county in which the violation shall have occurred with a copy of the results of the analysis or the examination of such article; provided, however, that nothing in this chapter shall be construed as requiring the secretary or representative to report for prosecution or for the institution of proceedings in minor violations of the chapter whenever the secretary or representative believes that the public interests will be best served by a suitable notice of warning in writing.
[C66, 71, 73, §206.7; C75, 77, 79, 81, §206.3]
2023 Iowa Code › Title V - AGRICULTURE › Chapter 206 - PESTICIDES › Section 206.4 - Classification of licenses.

206.4 Classification of licenses.
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 desires to be licensed in one or all of the license classifications provided for by the secretary under the authority of this section.
2. The secretary in promulgating rules under this chapter shall prescribe standards for the certification of applicators of pesticides. In determining these standards the secretary shall take into consideration standards of the United States environmental protection agency and is authorized to adopt by rule these standards.
[C75, 77, 79, 81, §206.4]
2023 Iowa Code › Title V - AGRICULTURE › Chapter 206 - PESTICIDES › Section 206.7 - Certified applicators.

206.7 Certified applicators.
1. Requirement for certification. A commercial or public applicator shall not apply any pesticide without first complying with the certification standards.
2. Certification standards. Certification standards shall be adopted by the secretary to determine the individual’s competence with respect to the application and handling of the restricted use pesticides. In determining these standards, the secretary shall take into consideration the standards of the United States environmental protection agency.
3. Reasons for not qualifying. If the secretary does not qualify the applicator under this section the secretary shall inform the applicant in writing of the reasons therefor.
[C75, 77, 79, 81, §206.7]
87 Acts, ch 225, §218
Referred to in §206.17
2023 Iowa Code › Title V - AGRICULTURE › Chapter 206 - PESTICIDES › Section 206.7A - Discharge of pesticides into natural lakes — civil penalty.

206.7A Discharge of pesticides into natural lakes — civil penalty.
1. A person shall not intentionally spray, place, discharge, or otherwise put a pesticide off label into a natural lake, or an artificial lake connected to a natural lake, that is used as a source water for public or private water supplies.
2. This section does not apply to a commercial, public, or private applicator who is certified pursuant to this chapter.
3. A person who violates this section shall be subject to a civil penalty in the amount of one thousand dollars.
2018 Acts, ch 1085, §1; 2019 Acts, ch 59, §58
Referred to in §206.22
2023 Iowa Code › Title V - AGRICULTURE › Chapter 206 - PESTICIDES › Section 206.9 - Cooperative agreements.

206.9 Cooperative agreements.
The secretary may cooperate, receive grants-in-aid, and enter into agreements with any agency of the federal government, of this state or its subdivisions, or with any agency of another state, or trade associations to obtain assistance in the implementation of this chapter and to do all of the following:
1. Secure uniformity of regulations.
2. Cooperate in the enforcement of the federal pesticide control laws through the use of state or federal personnel and facilities and to implement cooperative enforcement programs.
3. Contract for monitoring pesticides for the national plan.
4. Prepare and submit state plans to meet federal certification standards.
5. Regulate certified applicators.
6. Develop, in conjunction with the Iowa cooperative extension service in agriculture and home economics, courses available to the public regarding pesticide best management practices.
[C66, 71, 73, §206.11; C75, 77, 79, 81, §206.9]
87 Acts, ch 225, §221
2023 Iowa Code › Title V - AGRICULTURE › Chapter 206 - PESTICIDES › Section 206.10 - License renewals — delinquent fee.

206.10 License renewals — delinquent fee.
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 license is issued. A delinquent fee does not apply if the applicant furnishes an affidavit certifying that the applicant has not applied pesticides after the expiration of the applicant’s license. All licenses issued under this chapter expire December 31 each year.
2. Subsection 1 does not apply to any of the following:
a. A license issued to a pesticide dealer that expires as provided in section 206.8.
b. A certificate issued to a certified applicator that expires as provided in section 206.5.
[C75, 77, 79, 81, §206.10]
91 Acts, ch 89, §2; 2012 Acts, ch 1095, §128
2023 Iowa Code › Title V - AGRICULTURE › Chapter 206 - PESTICIDES › Section 206.13 - Evidence of financial responsibility required by commercial applicator.

206.13 Evidence of financial responsibility required by commercial applicator.
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 insurance policy, or an irrevocable letter of credit issued by a financial institution. The department may accept a certification of the evidence of financial responsibility. The evidence of financial responsibility shall pay the amount that the beneficiary is legally obligated to pay as damages caused by the pesticide operations of the applicant. However, the evidence of financial responsibility does not apply to damages or an injury which is expected or intended from the standpoint of the beneficiary. A liability insurance policy shall be subject to the insurer’s policy provisions filed with and approved by the commissioner of insurance. The evidence of financial responsibility need not apply to damages or injury to agricultural crops, plants, or land being worked upon by the applicant.
2. The amount of the evidence of financial responsibility as provided for in this section shall be not less than one hundred thousand dollars for property damage and public liability insurance, each separately, or liability insurance with limits of one hundred thousand dollars per occurrence and three hundred thousand dollars annual aggregate. The evidence of financial responsibility shall be maintained at not less than that amount at all times during the licensed period. The department shall be notified ten days prior to any reduction in the surety bond or liability insurance made at the request of the applicant or cancellation of the surety bond by the surety or the liability insurance by the insurer. The department shall be notified ninety days prior to any reduction of the amount of the irrevocable letter of credit at the request of the applicant or the cancellation of the irrevocable letter of credit by the financial institution. The total and aggregate liability of the surety, insurer, or financial institution for all claims shall be limited to the face of the surety bond, liability insurance policy, or irrevocable letter of credit.
[C75, 77, 79, 81, §206.13]
2003 Acts, ch 86, §2, 3; 2012 Acts, ch 1095, §129; 2013 Acts, ch 15, §10, 11
Referred to in §206.6
2023 Iowa Code › Title V - AGRICULTURE › Chapter 206 - PESTICIDES › Section 206.15 - Licensee to keep records.

206.15 Licensee to keep records.
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 period of three years from the date of the application of the pesticide to which such records refer, and the secretary shall, upon request in writing, be furnished with a copy of such records forthwith.
[C75, 77, 79, 81, §206.15]
2023 Iowa Code › Title V - AGRICULTURE › Chapter 206 - PESTICIDES › Section 206.16 - Confiscation.

206.16 Confiscation.
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 any district court in any county of the state where it may be found and seized for confiscation by condemnation.
a. In the case of a pesticide:
(1) If it is adulterated or misbranded.
(2) If it has not been registered under the provisions of section 206.12.
(3) If it fails to bear on its label the information required by this chapter.
(4) If it is a white powder pesticide and is not colored as required under this chapter.
b. In the case of a device, if it is misbranded.
2. If the article is condemned, it shall, after entry of decree, be disposed of by destruction or sale as the court may direct and the proceeds if such article is sold, less legal costs, shall be paid to the state treasurer; provided, that the article shall not be sold contrary to the provisions of this chapter; and, provided further, that upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the article shall not be disposed of unlawfully, the court may direct that said article be delivered to the owner thereof for relabeling or reprocessing as the case may be.
3. When a decree of condemnation is entered against the article, court costs and fees and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the article.
4. When the secretary has reasonable cause to believe a pesticide or device is being distributed, stored, transported, or used in violation of any of the provisions of this chapter, or of any of the prescribed rules under this chapter, the secretary may issue and serve a written “stop sale, use, or removal” order upon the owner or custodian of any such pesticide or device. If the owner or custodian is not available for service of the order, the secretary may attach the order to the pesticide or device and notify the registrant. The pesticide or device shall not be sold, used, or removed until the provisions of this chapter have been complied with and the pesticide or device has been released in writing under conditions specified by the secretary or the violation has been otherwise disposed of as provided in this chapter by a court of competent jurisdiction.
[C66, 71, 73, §206.10; C75, 77, 79, 81, §206.16]
Referred to in §206.23A, 206.23B
2023 Iowa Code › Title V - AGRICULTURE › Chapter 206 - PESTICIDES › Section 206.17 - Reciprocal agreement.

206.17 Reciprocal agreement.
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]
2023 Iowa Code › Title V - AGRICULTURE › Chapter 206 - PESTICIDES › Section 206.19 - Rules.

206.19 Rules.
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 not limited to their formulations, times and methods of application, and other conditions of use.
3. Determine in cooperation with municipalities, the proper notice to be given by a commercial or public applicator to occupants of adjoining properties in urban areas prior to or after the exterior application of pesticides, and establish a schedule to determine the periods of application least harmful to living beings. The rules shall provide that a commercial or public applicator must provide notice only if an occupant requests that the commercial or public applicator provide the occupant notice in a timely manner prior to the application. The request shall include the name and address of the occupant, a telephone number of a location where the occupant may be contacted during normal business hours and evening hours, and the address of each property that adjoins the occupant’s property. The notification shall expire on December 31 of each year, or the date when the occupant no longer occupies the property, whichever is earlier. Municipalities shall cooperate with the department by reporting infractions and in implementing this subsection.
4. Adopt rules providing guidelines for public bodies to notify adjacent property occupants regarding the application of herbicides to noxious weeds or other undesirable vegetation within highway rights-of-way.
5. a. Establish, assess, and collect civil penalties for a violation of a provision in this chapter or a rule adopted pursuant to this chapter by a commercial applicator or private applicator. In determining the amount of a civil penalty to be assessed for a violation, the department shall consider all of the following factors:
(1) The willfulness of the violation.
(2) The actual or potential danger of injury to the public health or safety, or damage to the environment caused by the violation.
(3) The actual or potential cost of the injury or damage caused by the violation to the public health or safety, or to the environment.
(4) The actual or potential cost incurred by the department in enforcing this chapter and rules adopted pursuant to this chapter against the violator.
(5) The remedial action required of the violator.
(6) The violator’s previous history of complying with orders or decisions of the department.
b. The amount of the civil penalty shall not exceed five hundred dollars for each offense.
[C66, §206.6; C71, §206.6, 206.12; C73, §206.12, 455B.102; C75, 77, §206.19, 455B.102; C79, §206.19, 455B.132; C81, §206.19]
87 Acts, ch 177, §2; 87 Acts, ch 225, §224; 88 Acts, ch 1118, §2; 93 Acts, ch 130, §1; 95 Acts, ch 172, §3; 2009 Acts, ch 41, §263; 2021 Acts, ch 28, §2; 2022 Acts, ch 1152, §11
Referred to in §206.23A, 206.23B
Subsection 5, paragraph b amended
2023 Iowa Code › Title V - AGRICULTURE › Chapter 206 - PESTICIDES › Section 206.20 - Restricted use pesticides classified.

206.20 Restricted use pesticides classified.
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 authorized to adopt by reference these classifications.
[C75, 77, 79, 81, §206.20]
87 Acts, ch 177, §3; 88 Acts, ch 1118, §3
Referred to in §206.2
2023 Iowa Code › Title V - AGRICULTURE › Chapter 206 - PESTICIDES › Section 206.21 - Secretary of agriculture — duties.

206.21 Secretary of agriculture — duties.
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, including the secretary’s authorized agents, inspectors, or employees, may enter into or upon any place during reasonable business hours in order to do any of the following:
(1) Take periodic random samples for chemical examinations of pesticides and devices.
(2) Open any bundle, package or other container containing or believed to contain a pesticide in order to determine whether the pesticide or device complies with the requirements of this chapter.
(3) Monitor the use of or review the pesticide application.
b. Methods of analysis shall be those currently used by the association of official agricultural chemists.
3. The secretary of agriculture, in cooperation with the advisory committee created pursuant to section 206.23, shall designate areas with a history of concerns regarding nearby pesticide applications as pesticide management areas. The secretary shall adopt rules for designating pesticide management areas.
[C66, 71, 73, §206.6; C75, 77, 79, 81, §206.21]
87 Acts, ch 225, §225; 2012 Acts, ch 1095, §136
2023 Iowa Code › Title V - AGRICULTURE › Chapter 206 - PESTICIDES › Section 206.22 - Penalties.

206.22 Penalties.
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 misdemeanor; provided, that any offense committed more than five years after a previous conviction shall be considered a first offense; and provided, further, that in any case where a registrant was issued a warning by the secretary pursuant to the provisions of this chapter, such registrant shall upon conviction of a violation of any provision of this chapter other than section 206.11, subsection 1, paragraph “a”, or section 206.7A, be guilty of a serious misdemeanor; and the registration of the article with reference to which the violation occurred shall terminate automatically. An article, the registration of which has been terminated, may not again be registered unless the article, its labeling, and other material required to be submitted appear to the secretary to comply with all the requirements of this chapter.
3. Notwithstanding any other provisions of the section, in case any person, with intent to defraud, uses or reveals information relative to formulae of products acquired under authority of section 206.12, the person shall be guilty of a serious misdemeanor.
[C66, 71, 73, §206.9; C75, 77, 79, 81, §206.22]
92 Acts, ch 1112, §3; 95 Acts, ch 172, §4; 2018 Acts, ch 1085, §2; 2019 Acts, ch 59, §59
Referred to in §206.11
2023 Iowa Code › Title V - AGRICULTURE › Chapter 206 - PESTICIDES › Section 206.23 - Advisory committee created — duties.

206.23 Advisory committee created — duties.
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, or the dean’s designee;
c. An entomologist, botanist, geneticist, horticulturist, agronomist and two persons representing the general public appointed by the secretary. Appointive members of the advisory committee shall serve terms of four years.
2. The advisory committee shall assist the secretary in obtaining scientific data and coordinating agricultural chemical regulatory, enforcement, research, and educational functions of the state. The advisory committee shall recommend rules regarding the sale, use, or disuse of agricultural chemicals to the secretary.
3. The advisory committee shall adopt rules relating to its procedures, and meetings under the general supervision of the secretary.
4. The members of the advisory committee shall be reimbursed for actual and necessary expenses incurred by them in the discharge of their official duties.
[C81, §206.23]
2001 Acts, ch 74, §8
Referred to in §200.5, 200A.6, 206.12, 206.21, 455B.491
2023 Iowa Code › Title V - AGRICULTURE › Chapter 206 - PESTICIDES › Section 206.24 - Agricultural initiative.

206.24 Agricultural initiative.
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 programs shall promote the widespread adoption of management practices which protect groundwater. The programs may include but are not limited to programs targeted toward the individual farm owner or operator, high school and college students, and groundwater users, in the areas of best management practices, current research findings, and health impacts. Emphasis shall be given to programs which enable these persons to demonstrate best management practices to their peers.
87 Acts, ch 225, §226; 2015 Acts, ch 30, §67
2023 Iowa Code › Title V - AGRICULTURE › Chapter 206 - PESTICIDES › Section 206.25 - Pesticide containers disposal.

206.25 Pesticide containers disposal.
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
2023 Iowa Code › Title V - AGRICULTURE › Chapter 206 - PESTICIDES › Section 206.31 - Application of pesticides for structural pest control.

206.31 Application of pesticides for structural pest control.
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 monetary payment and agrees to perform a service by applying a pesticide or servicing a device but shall not include a farmer trading work with another.
b. “Public applicator” means an individual who applies pesticides as an employee of a state agency, county, municipal corporation, or other governmental agency.
c. “Structural pest control” means controlling any pests in, on, or around food handling establishments; human dwellings; institutions such as schools and hospitals; industrial establishments, including warehouses and grain elevators; and any other structures in adjacent areas.
2. Additional certification requirements.
a. A person shall not apply a restricted use pesticide used for structural pest control without first complying with the certification requirements of this chapter and other restrictions as determined by the secretary.
b. The secretary shall require applicants for certification as commercial or public applicators of pesticides applied for structural pest control to take and pass a written test.
3. Examination for commercial applicator license. The secretary of agriculture shall not issue a commercial applicator license for applying pesticides for structural pest control until the individual engaged in or managing the pesticide application business or employed by the business is certified by passing an examination to demonstrate to the secretary the individual’s knowledge of how to apply pesticides under the classifications the individual has applied for, and the individual’s knowledge of the nature and effect of pesticides the individual may apply under such classifications.
4. Renewal of applicant’s license. The secretary of agriculture shall renew an applicant’s license for applying pesticides for structural pest control under the classifications for which the applicant is licensed, provided that all of the applicant’s personnel who apply pesticides for structural pest control have also been certified.
5. Rules and fee. The secretary shall adopt by rule, pursuant to chapter 17A, requirements for the examination and certification of the applicants and set a fee of not more than five dollars for certification.
87 Acts, ch 177, §4; 88 Acts, ch 1118, §4; 88 Acts, ch 1197, §3; 2009 Acts, ch 41, §263