reglab/statecodes huggingface dataset:
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203C - WAREHOUSES FOR AGRICULTURAL PRODUCTS › Section 203C.5 - Rules — documents and forms.

203C.5 Rules — documents and forms.
1. The department shall adopt rules as it deems necessary for the efficient administration of this chapter, and may designate an employee or officer of the department to act for the department in any details connected with administration, including the issuance of licenses and approval of deficiency bonds or irrevocable letters of credit in the name of the department, but not including matters requiring a public hearing or suspension or revocation of licenses.
2. a. The department may adopt rules specifying the form, content, and use of documents issued by a warehouse operator under this chapter including but not limited to scale tickets, warehouse receipts, settlement sheets, and daily position records. 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.
b. All scale ticket forms and warehouse receipt forms in the possession of a warehouse operator shall have been permanently and consecutively numbered at the time of printing. A warehouse operator shall maintain an accurate record of the numbers of these documents. The record shall include the disposition of each form, whether issued, destroyed, or otherwise disposed of. The department may by rule require this use of prenumbered forms and recording for documents other than scale tickets and warehouse receipts.
[C24, 27, 31, §9721; C35, §9751-g3; C39, §9751.03; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §543.3; C79, 81, §543.5; 81 Acts, ch 180, §20]
86 Acts, ch 1152, §17
C93, §203C.5
2008 Acts, ch 1083, §10
Referred to in §203C.6
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203C - WAREHOUSES FOR AGRICULTURAL PRODUCTS › Section 203C.7 - Application for the issuance or renewal of a license.

203C.7 Application for the issuance or renewal of a license.
1. Each application for the issuance of a license shall be in writing on a form prescribed by the department, subscribed and sworn to by the applicant or a duly authorized representative of the applicant. In addition to any other information required by rule of the department the application shall include all of the following:
a. The name of the person making the application, the names of all partners if the applicant is a partnership, and the names and titles of the principal officers or managers if the applicant is a legal entity including but not limited to a limited partnership, limited liability partnership, limited liability company, corporation, or cooperative association.
b. The principal office or place of business of the applicant.
c. A general description of each warehouse as to storage capacity, type of construction, mechanical equipment, if any, and condition.
d. The approximate location of each warehouse.
e. The type and quantity of agricultural product, or products intended to be stored in each warehouse.
f. A complete financial statement for use of the department in the administration of this chapter, as required by section 203C.6.
g. A tariff on a form to be prescribed by the department for storage, receiving, and loadout charges.
2. Each application for the renewal of a license shall be in writing and include information required by the department, including changes to information required in subsection 1.
[C24, 27, 31, §9722; C35, §9751-g4; C39, §9751.04; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §543.5; C79, 81, §543.7]
89 Acts, ch 143, §803
C93, §203C.7
2010 Acts, ch 1082, §3
Referred to in §203C.9, 203C.37, 203D.3A, 203D.5
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203C - WAREHOUSES FOR AGRICULTURAL PRODUCTS › Section 203C.8 - License to specify type and quantity of products which may be stored.

203C.8 License to specify type and quantity of products which may be stored.
The department shall determine with respect to each application for a license whether the warehouse or warehouses described in the application is or are suitable for the proper and safe storage of the particular agricultural product or products intended to be stored therein in the quantities specified in the application, provided that no warehouse shall be found to be suitable and safe for the storage of bulk grain unless such warehouse is equipped with a fixed or portable mechanical device of a type in common use as an adjunct to the movement of bulk grain. Each license issued for the operation of a single warehouse shall specify the type or types and quantities of agricultural products which may be stored in such warehouse. Each license issued to a warehouse operator for the operation of two or more warehouses shall specify with respect to each warehouse the type or types and quantities of agricultural product which may be stored in such warehouse. It shall be unlawful for any licensed warehouse operator to accept for storage or to store in any licensed warehouse any agricultural product or products other than the type or types and quantities specified in the license for the operation of such warehouse.
[C24, 27, 31, §9722; C35, §9751-g4; C39, §9751.04; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §543.6; C79, 81, §543.8; 81 Acts, ch 180, §22]
C93, §203C.8
Referred to in §203D.5
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203C - WAREHOUSES FOR AGRICULTURAL PRODUCTS › Section 203C.9 - Amendment of license.

203C.9 Amendment of license.
The department is authorized, upon its own motion, or upon receipt of written application, to amend any license previously issued by it, to change or modify the provisions as to the type and quantity of agricultural products which may be stored in the warehouse or warehouses in respect to which the license was originally issued. Application for amendments to licenses shall include the same information, except as to the financial condition of the applicant, as required by section 203C.7 to be included in an original application. Applications for amendments of licenses shall be considered by the department on the same basis as applications for original licenses, and except as otherwise provided in this chapter, a license when amended shall have the same status, as of the date of the amendment, as though originally issued as amended.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §543.8; C79, 81, §543.9]
C93, §203C.9
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203C - WAREHOUSES FOR AGRICULTURAL PRODUCTS › Section 203C.10 - Action affecting a license.

203C.10 Action affecting a license.
1. The cessation of a warehouse operator’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 203C.37.
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 warehouse operator who violates a provision of this chapter, including a rule adopted in accordance with this chapter pursuant to chapter 17A.
3. The department may suspend or revoke the license of a warehouse operator for failing to consent to a departmental inspection or cooperate with the department during an inspection as provided by this chapter.
[C24, 27, 31, §9747; C35, §9751-g29; C39, §9751.29; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §543.10]
89 Acts, ch 143, §101
C93, §203C.10
98 Acts, ch 1202, §34, 46; 2003 Acts, ch 69, §18; 2012 Acts, ch 1095, §103; 2013 Acts, ch 90, §34; 2014 Acts, ch 1092, §37
Referred to in §203C.3, 203D.6
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203C - WAREHOUSES FOR AGRICULTURAL PRODUCTS › Section 203C.12 - Participation in fund required.

203C.12 Participation in fund required.
A person licensed to operate a warehouse under this chapter shall participate in and comply with the grain depositors and sellers indemnity fund provided in chapter 203D.
[C24, 27, 31, §9723; C35, §9751-g5; C39, §9751.05; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §543.12]
86 Acts, ch 1152, §22
C93, §203C.12
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203C - WAREHOUSES FOR AGRICULTURAL PRODUCTS › Section 203C.14 - Suit — claims — notice of revocation.

203C.14 Suit — claims — notice of revocation.
1. A person injured by the breach of an obligation of a warehouse operator, for the performance of which a bond on agricultural products other than bulk grain, a deficiency bond, or an irrevocable letter of credit has been given under any of the provisions of this chapter, may sue on the bond on agricultural products other than bulk grain, deficiency bond, or irrevocable letter of credit in the person’s own name in a court of competent jurisdiction to recover any damages the person has sustained by reason of the breach.
2. a. Upon the cessation of a warehouse operator’s license due to revocation, cancellation, or expiration, a claim against the warehouse operator arising under this chapter shall be made in writing with the warehouse operator, with the issuer of a bond on agricultural products other than bulk grain, a deficiency bond, or an irrevocable letter of credit, and, if the claim relates to bulk grain, with the department. The claim must be made within one hundred twenty days after the cessation of the license. The failure to make a timely claim relieves the issuer and, if the claim relates to bulk grain, the grain depositors and sellers indemnity fund provided in chapter 203D of all obligations to the claimant.
b. Upon revocation of a warehouse 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 in each of the counties in which the licensee maintains a business location and in a newspaper of general circulation within the state. The notice shall state the name and address of the warehouse operator and the effective date of revocation. The notice shall also state that any claims against the warehouse operator shall be made in writing and sent by ordinary mail to the warehouse operator, to the issuer of a bond on agricultural products other than bulk grain, deficiency bond, or an irrevocable letter of credit, and to the department within one hundred twenty days after revocation, and the notice shall state that the failure to make a timely claim does not relieve the warehouse operator from liability to the claimant.
c. This subsection does not apply if a receiver is appointed as provided in this chapter pursuant to a petition which is filed by the department prior to the expiration of one hundred twenty days after cessation of warehouse operator’s license.
[C24, 27, 31, §9749; C35, §9751-g31; C39, §9751.31; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §543.14]
86 Acts, ch 1152, §25
C93, §203C.14
2012 Acts, ch 1095, §107; 2012 Acts, ch 1138, §56
Referred to in §203D.6
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203C - WAREHOUSES FOR AGRICULTURAL PRODUCTS › Section 203C.16 - License required for the storage of bulk grain.

203C.16 License required for the storage of bulk grain.
A person other than a licensed warehouse operator shall not place in storage or accept for storage any bulk grain. A person shall not place bulk grain in storage in a warehouse other than a licensed warehouse. This section shall not apply to any of the following:
1. The acceptance and storage of bulk grain by a person bonded and licensed under the United States Warehouse Act.
2. The storage of bulk grain by a person who owns all the stored bulk grain.
3. a. The storage of bulk grain by more than one person, if all of the following apply:
(1) The bulk grain was jointly produced by all persons storing the grain.
(2) The bulk grain is stored on the property owned or leased by one of the persons jointly producing the grain.
(3) No person other than persons jointly producing the grain owns the stored bulk grain.
b. As used in this subsection, “jointly produced” includes but is not limited to grain owned by a landlord who receives a share of agricultural products as rent.
[C24, 27, 31, §9722, 9724; C35, §9751-g2; C39, §9751.02; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §543.16]
C93, §203C.16
94 Acts, ch 1113, §1; 2012 Acts, ch 1095, §111; 2013 Acts, ch 90, §35
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203C - WAREHOUSES FOR AGRICULTURAL PRODUCTS › Section 203C.18 - Warehouse receipts — issuance, printing, and electronic filing.

203C.18 Warehouse receipts — issuance, printing, and electronic filing.
1. For all agricultural products that become storage in a licensed warehouse, warehouse receipts signed by the licensed warehouse operator or the operator’s authorized agent shall be issued by the licensed warehouse operator. Such warehouse receipts shall be in the form required or permitted by uniform commercial code, sections 554.7202 and 554.7204, provided, however, that each receipt issued for agricultural products, in addition to the matters specified in uniform commercial code, section 554.7202, shall embody in its written or printed terms:
a. The receiving and loadout charges which will be made by the warehouse operator.
b. The grade or other class of the agricultural products received and the standard or description in accordance with which such classification has been made; provided that such grade or other class shall be stated according to the official standard of the United States applicable to such agricultural products as the same may be fixed and promulgated; provided, further, that until such official standards of the United States for any agricultural product or products have been fixed and promulgated, the grade or other class thereof may be stated in accordance with any recognized standard or in accordance with such rules and regulations not inconsistent herewith as may be prescribed by the secretary of agriculture of the United States.
c. A statement that the receipt is issued subject to this chapter.
d. Such other terms and conditions as may be required by rules of the department.
2. Warehouses that are not licensed pursuant to this chapter or by the United States government shall not issue warehouse receipts for agricultural products.
3. A form for a warehouse receipt shall only be printed by a person approved by the department. A form for a warehouse receipt shall be printed in accordance with specifications set forth by the department. A warehouse operator shall surrender to the department all forms for warehouse receipts that are unused at the time that the warehouse operator’s license is suspended or ceases due to revocation, cancellation, or expiration. The warehouse operator shall surrender the warehouse receipts in a manner required by the department.
4. The department may adopt rules to allow for the issuance of electronic warehouse receipts by a provider who is a person approved by the department to maintain a secure electronic central filing system of electronic records including warehouse receipts and who is independent of an outside influence or bias in action or appearance.
[C24, 27, 31, §9736, 9737; C35, §9751-g17, 9751-g18; C39, §9751.17, 9751.18; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §543.18; 81 Acts, ch 180, §25]
86 Acts, ch 1152, §28
C93, §203C.18
2007 Acts, ch 30, §45, 46, 81; 2009 Acts, ch 133, §77; 2012 Acts, ch 1095, §113, 114
Referred to in §203C.20
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203C - WAREHOUSES FOR AGRICULTURAL PRODUCTS › Section 203C.19 - Rights and obligations with respect to warehouse receipts — lost receipts.

203C.19 Rights and obligations with respect to warehouse receipts — lost receipts.
1. Insofar as not inconsistent with the provisions of this chapter, original or duplicate receipts issued by licensed warehouse operators shall be deemed to have been issued under the provisions of uniform commercial code, chapter 554, article 7.
2. Duplicates and releases for lost, destroyed, or stolen warehouse receipts may be issued only in accordance with the provisions of sections 554.7601 and 554.7601A.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §543.19]
C93, §203C.19
2007 Acts, ch 30, §45, 46, 82
Referred to in §203C.20
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203C - WAREHOUSES FOR AGRICULTURAL PRODUCTS › Section 203C.20 - Receipt by warehouse operator to self.

203C.20 Receipt by warehouse operator to self.
A licensed warehouse operator may issue a warehouse receipt for agricultural products owned by the warehouse operator and dispose of the title to or interest in such products through the medium of such receipt. Such receipt shall be of the same standing as though it had been issued to a person other than the licensed warehouse operator upon a rightful deposit of the products by such other person. Sections 203C.18 and 203C.19 shall be applicable to any such receipt.
[C71, 73, 75, 77, 79, 81, §543.20]
C93, §203C.20
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203C - WAREHOUSES FOR AGRICULTURAL PRODUCTS › Section 203C.23 - Warehouse operator’s obligation.

203C.23 Warehouse operator’s obligation.
1. A warehouse operator shall maintain at all times sufficient quantity and quality of grain or other agricultural products to cover the warehouse operator’s obligation. A warehouse operator shall not at any time have less grain or other agricultural products in the warehouse than the obligations to depositors, as determined by an investigation of the warehouse operator’s records.
2. An incidental warehouse operator shall maintain at all times sufficient quantity and quality of grain to cover the incidental warehouse operator’s obligation. An incidental warehouse operator shall not at any time have less grain in a warehouse than the obligations to depositors, as determined by an investigation of the incidental warehouse operator’s records.
[81 Acts, ch 180, §29]
C83, §543.23
C93, §203C.23
99 Acts, ch 106, §13
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203C - WAREHOUSES FOR AGRICULTURAL PRODUCTS › Section 203C.24 - Confidentiality of records.

203C.24 Confidentiality of records.
Notwithstanding the provisions of chapter 22, all financial statements of warehouse operators under this chapter shall be kept confidential by the department and its agents and employees and are not subject to disclosure except as follows:
1. Upon waiver by the licensee.
2. In actions or administrative proceedings commenced under this chapter or chapter 203.
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 other court orders.
5. Disclosure to law enforcement agencies in regards to the detection and prosecution of public offenses.
6. Where released to a bonding company approved by the department or to the United States department of agriculture or any of their 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, §30]
C83, §543.24
83 Acts, ch 104, §2; 89 Acts, ch 143, §602
C93, §203C.24
99 Acts, ch 106, §14; 2001 Acts, ch 55, §24, 38
Referred to in §203.11B, 203D.4
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203C - WAREHOUSES FOR AGRICULTURAL PRODUCTS › Section 203C.25 - Shrinkage adjustments — disclosures — penalties.

203C.25 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, §31]
C83, §543.25
C93, §203C.25
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203C - WAREHOUSES FOR AGRICULTURAL PRODUCTS › Section 203C.28 - Tariff rates.

203C.28 Tariff rates.
1. A warehouse operator shall, at the time of application for a license, file a tariff with the department which shall contain rates to be charged for receiving, storage, and load-out of grain. The tariff shall be posted in a conspicuous place at the place of business of the licensee in a form prescribed by the department and shall become effective at the time the license becomes effective.
2. Storage charges shall commence on the date of delivery to the warehouse. Storage, receiving, or load-out charges other than those specified in the tariff may be made if the charge is required by the terms of a written contract with the United States government or any of its subdivisions or agencies.
3. Grain deposited with the warehouse for the sole purpose of processing and redelivery to the depositor is subject only to the charges listed under the grain bank section of the tariff. Drying and cleaning of grain shall not be construed as processing.
4. A tariff may be amended at any time and is effective immediately, except that grain in store on the effective date of a storage charge increase does not assume the increased rate until the subsequent anniversary date of deposit. Any decrease in storage rates shall be effective immediately and shall be applicable to all grain in store on the effective date of the decrease.
5. A warehouse operator may file with the department and publish the supplemental tariff applicable only to grain meeting special descriptive standards or characteristics as set forth in the supplemental tariff. A supplemental tariff shall be in a form prescribed by the department and be posted adjacent to the warehouse tariff.
6. All tariff charges shall be nondiscriminatory within classes.
[C24, 27, 31, §9737; C35, §9751-g18; C39, §9751.18; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §543.28]
86 Acts, ch 1103, §2
C93, §203C.28
2014 Acts, ch 1026, §42
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203C - WAREHOUSES FOR AGRICULTURAL PRODUCTS › Section 203C.30 - Inspecting and grading.

203C.30 Inspecting and grading.
Grain or any other fungible agricultural product stored in a warehouse licensed under this chapter for which no separate compartment is provided, and its identity preserved, shall be inspected and graded.
[C24, 27, 31, §9733; C35, §9751-g14; C39, §9751.14; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §543.30]
C93, §203C.30
2012 Acts, ch 1095, §115
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203C - WAREHOUSES FOR AGRICULTURAL PRODUCTS › Section 203C.33 - Fees.

203C.33 Fees.
1. The department shall charge the following fees for deposit in the general fund:
a. For the issuance or renewal of a warehouse license, the fee shall be determined on the basis of the storage capacity in bushels of grain as follows:
(1) If the total storage capacity is one hundred thousand bushels or less, the fee is fifty-eight dollars.
(2) If the total storage capacity is more than one hundred thousand bushels, but not more than seven hundred fifty thousand bushels, the fee is one hundred twenty-five dollars.
(3) If the total storage capacity is more than seven hundred fifty thousand bushels, but not more than one million five hundred thousand bushels, the fee is one hundred ninety-one dollars.
(4) If the total storage capacity is more than one million five hundred thousand bushels, but not more than three million bushels, the fee is two hundred forty-nine dollars.
(5) If the total storage capacity is more than three million bushels, but not more than four million seven hundred fifty thousand bushels, the fee is three hundred seven dollars.
(6) If the total storage capacity is more than four million seven hundred fifty thousand bushels, but not more than nine million five hundred thousand bushels, the fee is three hundred seventy-four dollars.
(7) If the total storage capacity is more than nine million five hundred thousand bushels, the fee is four hundred forty dollars.
b. For the issuance or renewal of a warehouse license for the storage of products other than bulk grain, the fee shall be determined as follows:
(1) For intended storage of products of a value of one hundred thousand dollars or less, a fee of sixty dollars.
(2) For intended storage of products of a value greater than one hundred thousand dollars but not greater than three hundred thousand dollars, a fee of one hundred dollars.
(3) For intended storage of products of a value in excess of three hundred thousand dollars, a fee of two hundred dollars.
c. For each inspection of a warehouse or station for the purpose of licensing, a fee of twenty-five dollars, and for each additional warehouse or station under the same license, a fee of ten dollars.
d. For each amendment of a license, a fee of ten dollars.
e. For each amendment of a tariff, a fee of ten dollars.
f. For a duplicate license, a fee of five dollars.
g. For the reinstatement of a license, a fee of fifty dollars.
2. Fees for new licenses issued for less than a year shall be prorated from the date of application.
[C24, 27, 31, §9726; C35, §9751-g9; C39, §9751.09; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §543.33; 81 Acts, ch 180, §26, 32]
83 Acts, ch 175, §3, 4; 84 Acts, ch 1100, §4; 92 Acts, ch 1239, §74
C93, §203C.33
2009 Acts, ch 133, §213
Referred to in §203C.37, 203D.3A
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203C - WAREHOUSES FOR AGRICULTURAL PRODUCTS › Section 203C.34 - Display of license.

203C.34 Display of license.
Every warehouse operator’s license issued under this chapter shall be conspicuously displayed in the office of the warehouse for the operation of which the license has been issued.
[C24, 27, 31, §9728; C35, §9751-g10; C39, §9751.10; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §543.34]
86 Acts, ch 1152, §29
C93, §203C.34
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203C - WAREHOUSES FOR AGRICULTURAL PRODUCTS › Section 203C.36 - Penalties — injunction.

203C.36 Penalties — injunction.
1. A person who knowingly withholds information from or knowingly submits false information to the department or any of its employees in a record required to be maintained or submitted to the department under this chapter commits a fraudulent practice as provided in chapter 714.
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 warehouse operator without a license as required in section 203C.6.
(2) Obstructs the inspection of the person’s business premises or records required to be kept by a licensed warehouse operator pursuant to section 203C.2.
(3) Uses a scale ticket, warehouse receipt, or other document in violation of this chapter or requirements 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 warehouse operator, 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 injunction in an action brought by the department or the attorney general upon request by the department.
[C24, 27, 31, §9751; C35, §9751-g33; C39, §9751.33; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §543.36; 81 Acts, ch 180, §27]
92 Acts, ch 1239, §75
C93, §203C.36
2003 Acts, ch 69, §19
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203C - WAREHOUSES FOR AGRICULTURAL PRODUCTS › Section 203C.36A - Civil penalties.

203C.36A Civil penalties.
1. The department shall establish, by rule, civil penalties which may be administratively or judicially assessed against a warehouse operator for a violation of this chapter.
2. The amount of a civil penalty shall not exceed one thousand five hundred dollars. Each day that a violation continues shall constitute a separate violation. The amount of the civil penalty that may be assessed in an administrative 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, §15
Referred to in §203.11B
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203C - WAREHOUSES FOR AGRICULTURAL PRODUCTS › Section 203C.37 - Issuance of a license and payment of fees.

203C.37 Issuance of a license and payment of fees.
1. a. Upon the filing of an application pursuant to section 203C.7 and compliance with the terms and conditions of this chapter including rules of the department, the department shall issue the applicant a warehouse operator’s license. The license expires at the end of the third calendar month following the close of the warehouse operator’s fiscal year. A warehouse operator’s license may be renewed annually by the filing of a renewal application on a form prescribed by the department pursuant to section 203C.7. An application for renewal must be received by the department on or before the end of the third calendar month following the close of the warehouse operator’s fiscal year.
b. The department shall not approve an application for the issuance or renewal of a warehouse operator’s license unless the applicant pays all of the following fees:
(1) For the issuance of a license, all of the following:
(a) A license fee imposed under section 203C.33.
(b) A participation fee imposed under section 203D.3A, and any delinquent participation fee imposed under a previous license as provided in that section.
(2) For the renewal of a license, all of the following:
(a) A renewal fee imposed under section 203C.33.
(b) A participation fee imposed under section 203D.3A, and any delinquent participation fee as provided in that section.
2. The failure of a warehouse operator to file a renewal application and to pay a renewal fee as provided for in section 203C.33 and any delinquent participation fee as provided in section 203D.3A, on or before the end of the third calendar month following the close of the licensee’s fiscal year shall cause a license to expire.
3. A warehouse license that has expired may be reinstated by the department upon receipt of a proper renewal application, the renewal fee and the reinstatement fee as provided for in section 203C.33, and any delinquent participation fee as provided in section 203D.3A. The applicant must file the renewal application and pay the fees to the department within thirty days from the date that the warehouse license expires.
4. The department may cancel the license upon request of the licensee unless a complaint or information is filed against the licensee alleging a violation of a provision of this chapter.
5. a. The department shall refund a fee paid by a person to the department under this section if the department does not issue the person a license or renew the person’s license.
b. The department shall prorate a fee paid by a person to the department under this section for the issuance or renewal of a license for less than a full year.
[C71, 73, 75, 77, 79, 81, §543.37; 81 Acts, ch 180, §28]
84 Acts, ch 1100, §5; 92 Acts, ch 1239, §76
C93, §203C.37
2010 Acts, ch 1082, §4; 2011 Acts, ch 34, §159, 170
Referred to in §203C.10, 203D.3A, 203D.5
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203C - WAREHOUSES FOR AGRICULTURAL PRODUCTS › Section 203C.38 - No obligation of state.

203C.38 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 of any agreement or undertaking to which the provisions of this chapter relate.
[C71, 73, 75, 77, 79, 81, §543.38]
C93, §203C.38
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203C - WAREHOUSES FOR AGRICULTURAL PRODUCTS › Section 203C.39 - Grain stored in another warehouse.

203C.39 Grain stored in another warehouse.
A licensed warehouse operator may store grain in an alternative warehouse located in Iowa or another state as provided in this section.
1. a. The alternative warehouse located in Iowa must be another licensed warehouse or a warehouse licensed pursuant to the United States Warehouse Act.
b. The alternative warehouse located in another state must be licensed pursuant to the applicable laws of the state in which the alternative warehouse is located or the United States Warehouse Act. A warehouse operator shall not store grain in an alternative warehouse located in another state, unless approved in writing by the department in a manner required by the department.
2. In storing grain in an alternative warehouse under subsection 1, all of the following requirements apply:
a. The warehouse operator must obtain from such warehouse operator a nonnegotiable warehouse receipt and such receipt must show clearly the following notation:
Held in trust for depositors of (name of original receiving warehouse).
b. When the licensed warehouse operator begins to use the alternative warehouse, the licensed warehouse operator must have sufficient net worth under section 203C.6 or provide a deficiency bond or an irrevocable letter of credit to cover the increase in the licensed warehouse operator’s gross capacity.
3. A licensed warehouse operator may transfer grain for storage to another licensed warehouse operator while the warehouse operator receiving such grain has grain stored elsewhere under the provisions of this section.
[C71, 73, 75, 77, 79, 81, §543.39]
86 Acts, ch 1152, §30; 89 Acts, ch 143, §1102
C93, §203C.39
2003 Acts, ch 69, §20; 2012 Acts, ch 1095, §116
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203C - WAREHOUSES FOR AGRICULTURAL PRODUCTS › Section 203C.40 - Prioritization of inspections of warehouse operators.

203C.40 Prioritization of inspections of warehouse operators.
The department shall develop a system to prioritize the inspections of warehouse operators provided in section 203C.2. The system of prioritization shall be computed each year based on the risk of loss to the grain depositors and sellers indemnity fund caused by the possible insolvency of the warehouse operator. The department shall compute the risk by utilizing an available statistical model to measure the financial condition of warehouse operators. 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 inspect a warehouse operator at any time based on a risk of loss to the fund according to the risk rating. A substantial risk of loss to the grain depositors and sellers indemnity fund caused by the possible insolvency of the warehouse operator based on the statistical model shall be good cause.
92 Acts, ch 1239, §77
Referred to in §203C.1, 203C.2
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203D - GRAIN DEPOSITORS AND SELLERS INDEMNIFICATION › Section 203D.2 - Persons participating in fund.

203D.2 Persons participating in fund.
All licensed grain dealers and licensed warehouse operators shall participate in the fund.
86 Acts, ch 1152, §32
C87, §543A.2
87 Acts, ch 147, §11
C93, §203D.2
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203D - GRAIN DEPOSITORS AND SELLERS INDEMNIFICATION › Section 203D.3 - Grain depositors and sellers indemnity fund.

203D.3 Grain depositors and sellers indemnity fund.
1. The grain depositors and sellers indemnity fund is created in the state treasury as a separate account. The general fund of the state is not liable for claims presented against the fund under section 203D.6.
2. The fund consists of all of the following:
a. Participation fees paid to the department by licensed grain dealers and persons applying to be issued a grain dealer’s license as provided in section 203D.3A.
b. Participation fees paid to the department by licensed warehouse operators and persons applying to be issued a warehouse operator’s license as provided in section 203D.3A.
c. Per-bushel fees paid to the department by licensed grain dealers as provided in section 203D.3A.
d. Delinquency penalties.
e. Amounts collected by the state pursuant to legal action on behalf of the fund.
f. Interest, earnings on investments, property, or securities acquired through the use of moneys in the fund.
3. The fiscal year of the fund begins July 1 and ends on June 30. Fiscal quarters of the fund begin July 1, October 1, January 1, and April 1. The finances of the fund shall be calculated on an accrual basis in accordance with generally accepted accounting principles.
4. The moneys collected under this section and deposited in the fund shall be used exclusively to indemnify depositors and sellers as provided in section 203D.6 and to pay the administrative costs of this chapter.
5. All disbursements from the fund shall be paid by the treasurer of state pursuant to vouchers authorized by the department.
6. The administrative costs of this chapter shall be paid from the fund after approval of the costs by the board.
86 Acts, ch 1152, §33
C87, §543A.3
87 Acts, ch 147, §12 – 15; 88 Acts, ch 1148, §3; 89 Acts, ch 143, §903 – 905
C93, §203D.3
2008 Acts, ch 1083, §15; 2009 Acts, ch 133, §79; 2010 Acts, ch 1082, §6, 7
Referred to in §203.2A, 203D.1, 203D.3A, 203D.5
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203D - GRAIN DEPOSITORS AND SELLERS INDEMNIFICATION › Section 203D.5A - Lien on licensee’s assets.

203D.5A Lien on licensee’s assets.
The board may enforce a lien attached to assets held by a licensee under chapter 203 or 203C. The lien shall be perfected and enforced pursuant to section 203.12A or 203C.12A.
92 Acts, ch 1239, §78
2023 Iowa Code › Title V - AGRICULTURE › Chapter 203D - GRAIN DEPOSITORS AND SELLERS INDEMNIFICATION › Section 203D.7 - No obligation of state.

203D.7 No obligation of state.
This chapter does not imply any guarantee or obligation on the part of the state of Iowa, or any of its agencies, employees, or officials, either elective or appointive, in respect of any agreement or undertaking to which this chapter relates.
86 Acts, ch 1152, §37
C87, §543A.7
C93, §203D.7
2023 Iowa Code › Title V - AGRICULTURE › Chapter 204 - IOWA HEMP ACT › Section 204.3 - State plan — implementing rules.

204.3 State plan — implementing rules.
1. The department shall prepare a state plan to be submitted to the United States secretary of agriculture under the federal hemp law.
2. Upon approval of the state plan, the department shall assume primary regulatory authority over the production of hemp in this state as provided in this chapter. However, nothing in this chapter affects the powers and duties of the department of public safety or local law enforcement agencies from enforcing any law within its purview or jurisdiction. The department of public safety shall be the chief criminal enforcement agency under this chapter.
3. The department may prepare any number of amended state plans or any number of amendments to an existing state plan to be submitted for approval by the United States secretary of agriculture.
4. The department may provide for the receipt, filing, processing, and return of documents described in this chapter in an electronic format, including but not limited to the transmission of documents by the internet. The department shall provide for the authentication of official forms in an electronic format that may include electronic signatures as provided in chapter 554D. An official form in an electronic format shall have the same validity and is discoverable and admissible in evidence if given under penalty of perjury in the same manner as an original printed form. The department shall provide for the issuance of certificates of analysis in an electronic format as provided in section 204.8.
5. a. The department shall prepare the state plan, any amended state plan, or amendment to an approved state plan, by adopting rules pursuant to chapter 17A.
b. The department may adopt the rules on an emergency basis as provided in section 17A.4, subsection 3, and section 17A.5, subsection 2, and the rules shall be effective immediately upon filing unless a later date is specified in the rules.
2019 Acts, ch 130, §3, 18, 19; 2020 Acts, ch 1065, §4, 19; 2020 Acts, ch 1121, §107 – 109
2023 Iowa Code › Title V - AGRICULTURE › Chapter 204 - IOWA HEMP ACT › Section 204.5 - Hemp fees.

204.5 Hemp fees.
1. The department shall impose, assess, and collect the following hemp fees:
a. A license fee which shall be paid by a person being issued a hemp license as provided in section 204.4.
b. An inspection fee which shall be paid by a licensee for the inspection of the licensee’s crop site, including obtaining samples of plants to conduct a test, as provided in section 204.8.
2. a. The department shall adopt rules to establish hemp fees for the issuance of a hemp license pursuant to section 204.4.
b. The department shall adopt rules to establish hemp fees for conducting inspections and obtaining samples of plants to conduct tests, including but not limited to an annual inspection and official test, pursuant to section 204.8.
c. The department shall calculate the rates, or a range of rates, of the hemp fees to be effective for each successive twelve-month period. The total amount of hemp fees collected by the department pursuant to this subsection shall not be more than the department’s estimate of the total amount of revenues necessary to administer and enforce the provisions of this chapter based on the expected revenue collected from the hemp fees and the costs to be incurred by the department in administering and enforcing the provisions of this chapter during that period. The department may adjust the rates within the range throughout the period as the department determines necessary to comply with this paragraph.
d. The department may establish different rates for any category of hemp fees based on criteria determined relevant by the department, which may include the number of acres of the licensee’s crop site and the type of hemp license issued.
3. The license fee and any annual inspection fee shall be collected by the department at the time the hemp license application is submitted.
4. Any hemp fee collected by the department under this section shall be deposited in the hemp fund established pursuant to section 204.6.
5. The department may refund all or any part of a hemp fee collected under this section to an applicant.
2019 Acts, ch 130, §5, 18, 19
Referred to in §204.6
Former subsection 2 stricken effective July 1, 2022, pursuant to its own terms and former subsections 3 – 6 renumbered as 2 – 5
Paragraph e of former subsection 3 stricken pursuant to its own terms immediately after strike of former subsection 2
2023 Iowa Code › Title V - AGRICULTURE › Chapter 204 - IOWA HEMP ACT › Section 204.6 - Hemp fund.

204.6 Hemp fund.
1. A hemp fund is established in the state treasury under the management and control of the department.
2. The hemp fund shall include moneys collected by the department from hemp fees imposed and assessed under section 204.5 and moneys appropriated by the general assembly for deposit in the hemp fund. The hemp fund may include other moneys available to and obtained or accepted by the department, including moneys from public or private sources.
3. Moneys in the hemp fund are appropriated to the department and shall be used exclusively to carry out the responsibilities conferred upon the department under this chapter as determined and directed by the department, and shall not require further special authorization by the general assembly.
4. a. Notwithstanding section 12C.7, interest or earnings on moneys in the hemp fund shall be credited to the hemp fund.
b. Notwithstanding section 8.33, moneys credited to the hemp fund that remain unexpended or unobligated at the end of a fiscal year shall not revert to any other fund.
2019 Acts, ch 130, §6, 18, 19
Referred to in §204.4, 204.5