reglab/statecodes huggingface dataset:
2023 Iowa Code › Title V - AGRICULTURE › Chapter 177A - CROP PESTS › Section 177A.5 - Duties — public nuisances.

177A.5 Duties — public nuisances.
The state entomologist shall keep informed as to known species and varieties of insect pests and diseases, the origin, locality, nature and appearance thereof, the manner in which they are disseminated, and approved methods of treatment and eradication. In the rules made pursuant to this chapter the state entomologist shall list the dangerously injurious insect pests and diseases which the entomologist shall find should be prevented from being introduced into, or disseminated within, this state in order to safeguard the plants and plant products likely to become infested or infected with such insect pests and diseases. Every such insect pest and disease listed, and every plant product infested or infected therewith, is hereby declared to be a public nuisance. Every person who has knowledge of the presence in or upon any place of any insect pest or disease so listed, shall immediately report the fact and location to the state entomologist, or the assistant state entomologist, giving such detailed information relative thereto as the person may have. Every person who deals in or engages in the sale of plants and plant products shall furnish to the state entomologist or the entomologist’s inspectors, when requested, a statement of the names and addresses of the persons from whom and the localities where the person purchased or obtained such plants and plant products.
[S13, §2575-a47; C24, §4047; C27, 31, 35, §4062-b5; C39, §4062.05; C46, 50, 54, 58, 62, 66, 71, 73, §267.5; C75, 77, 79, 81, §177A.5]
Referred to in §177A.19
Nuisances in general, chapter 657
2023 Iowa Code › Title V - AGRICULTURE › Chapter 177A - CROP PESTS › Section 177A.6 - Rules.

177A.6 Rules.
1. The state entomologist shall, from time to time, adopt rules for carrying out the provisions and requirements of this chapter, including rules under which the inspectors and other employees shall:
a. Inspect places, plants and plant products, and things and substances used or connected therewith,
b. Investigate, control, eradicate and prevent the dissemination of insect pests and diseases, and
c. Supervise or cause the treatment, cutting and destruction of plants and plant products infested or infected therewith.
2. The state entomologist, the entomologist’s inspectors, employees, or other authorized agents shall have authority to enforce these rules which shall be published in the same manner as are the other rules of the department.
3. A nursery stock dealer shall not sell, offer for sale, or distribute nursery products by any method, or under any circumstances or condition, which has the capacity and tendency or effect of deceiving purchasers or prospective customers as to quantity, size, grade, kind, species, age, maturity, viability, condition, vigor, hardiness, number of times transplanted, growth ability, growth characteristics, rate of growth or time required before flowering or fruiting, price, origin or place where grown, or in any other material respect.
4. When under the provisions of this section it becomes necessary for the state entomologist to verify sizes and grades of nursery stock, or either of them, the entomologist shall use as a guide the “American Standard for Nursery Stock” as revised and approved by the American standards association, inc.
[S13, §2575-a48; C24, §4050, 4051, 4054; C27, 31, 35, §4062-b6; C39, §4062.06; C46, 50, 54, 58, 62, 66, 71, 73, §267.6; C75, 77, 79, 81, §177A.6]
2009 Acts, ch 41, §73
Referred to in §177A.19
2023 Iowa Code › Title V - AGRICULTURE › Chapter 177A - CROP PESTS › Section 177A.7 - Infection — eradication — notice.

177A.7 Infection — eradication — notice.
Whenever inspection discloses that any places, or plants or plant products, or things and substances used or connected therewith, are infested or infected with any dangerously injurious insect pest or disease listed as a public nuisance, written notice thereof shall be given the owner or person in possession or control of the place where found, who shall proceed to control, eradicate, or prevent the dissemination of such insect pest or disease, and to remove, cut, or destroy infested and infected plants and plant products, or things and substances used or connected therewith, as prescribed in the notice or the rules. Whenever such owner or person in possession cannot be found, or shall fail, neglect or refuse to obey the requirements of the notice and the rules, such requirements shall be carried out by the state entomologist, as required by section 177A.17.
[S13, §2575-a48; C24, §4050, 4052, 4053, 4055; C27, 31, 35, §4062-b7; C39, §4062.07; C46, 50, 54, 58, 62, 66, 71, 73, §267.7; C75, 77, 79, 81, §177A.7]
Referred to in §177A.19
2023 Iowa Code › Title V - AGRICULTURE › Chapter 177A - CROP PESTS › Section 177A.8 - Importation — regulations.

177A.8 Importation — regulations.
It shall be unlawful for any person to bring or cause to be brought into this state any plant or plant product listed in the rules, unless there be plainly and legibly marked thereon or affixed thereto, or on or to the carrier, or the bundle, package, or container, in a conspicuous place, a statement or tag or device showing the names and addresses of the consignors or shippers and the consignees or persons to whom shipped, the general nature and quantity of the contents, and the name of the locality where grown, together with a certificate of inspection of the proper official of the state, territory, district, or country from which it was brought or shipped, showing that such plant or plant product was found or believed to be free from dangerously injurious insect pests and diseases, and giving any other information required by the state entomologist.
[S13, §2575-a50; C24, §4058; C27, 31, 35, §4062-b8; C39, §4062.08; C46, 50, 54, 58, 62, 66, 71, 73, §267.8; C75, 77, 79, 81, §177A.8]
Referred to in §177A.9, 177A.10, 177A.19
2023 Iowa Code › Title V - AGRICULTURE › Chapter 177A - CROP PESTS › Section 177A.9 - Inspection — certificate — fees.

177A.9 Inspection — certificate — fees.
1. It shall be unlawful for any person to sell, give away, carry, ship, or deliver for carriage or shipment, within this state, any plants or plant products listed in the rules unless such plants or plant products have been officially inspected and a certificate issued by an inspector of the state entomologist’s office stating that such plants or plant products have been inspected and found to be apparently free from dangerously injurious insect pests and diseases, and giving any other facts provided for in the rules. For the issuance of such certificate, the state entomologist may require the payment of a reasonable fee to cover the expense of such inspection and certification. Provided, that if such plants or plant products were brought into this state in compliance with section 177A.8, the certificate required by that section may be accepted in lieu of the inspection and certificate required by this section, in such cases as shall be provided for in the rules. If it shall be found at any time that a certificate of inspection, issued or accepted under the provisions of this section, is being used in connection with plants and plant products which are infested or infected with dangerously injurious insect pests or diseases or in connection with uninspected plants, its further use may be prohibited, subject to such inspection and disposition of the plants and plant products involved as may be provided for by the state entomologist. All moneys collected under the provisions of this chapter shall be turned over to the secretary who shall deposit them in the state treasury.
2. The fees for inspections and certifications shall not be less than twenty-five dollars nor more than five hundred dollars. Certificates shall be issued to nursery stock growers and dealers on an annual basis. Inspection and certification fees for nursery stock growers shall be twenty-five dollars plus five dollars per acre or part thereof, according to the amount of stock inspected. The inspection and certification fee for nursery stock dealers shall be twenty-five dollars. All fees shall be paid at the time of inspection or before a certificate is issued. Inspection and certification shall take place when necessary to enforce this chapter and the rules pursuant to it. Certificates issued in accordance with this chapter may be revoked when inspection results determine that conditions violate the standards for which certification was issued.
[S13, §2575-a47, -a49; C24, §4047, 4048, 4057; C27, 31, 35, §4062-b9; C39, §4062.09; C46, 50, 54, 58, 62, 66, 71, 73, §267.9; C75, 77, 79, 81, §177A.9; 81 Acts, ch 70, §2]
88 Acts, ch 1272, §19
Referred to in §177A.10, 177A.19
2023 Iowa Code › Title V - AGRICULTURE › Chapter 177A - CROP PESTS › Section 177A.10 - Report of violations.

177A.10 Report of violations.
Any person who receives from without the state any plant or plant product without section 177A.8 having been complied with, or who receives any plant or plant product sold, given away, carried, shipped or delivered for carriage or shipment within this state without section 177A.9 having been complied with, shall immediately inform the state entomologist or one of the entomologist’s inspectors of such facts and isolate and hold the plant or plant product unopened or unused, subject to such inspection and disposition as may be provided for by the state entomologist.
[S13, §2575-a49; C24, §4057; C27, 31, 35, §4062-b10; C39, §4062.10; C46, 50, 54, 58, 62, 66, 71, 73, §267.10; C75, 77, 79, 81, §177A.10]
Referred to in §177A.19
2023 Iowa Code › Title V - AGRICULTURE › Chapter 177A - CROP PESTS › Section 177A.11 - Quarantine — general powers.

177A.11 Quarantine — general powers.
Whenever the state entomologist shall find that there exists outside of this state any insect pest or disease, and that its introduction into this state should be prevented in order to safeguard plants and plant products in this state, the state entomologist is authorized to quarantine and promulgate quarantine restrictions covering areas within the states affected by the pest and may adopt, issue, and enforce rules supplemental to such quarantines for the control of the pest. Under such quarantines, the state entomologist or the state entomologist’s authorized agents may prohibit and prevent the movement within the state without inspection, or the shipment or transportation within the state, of any agricultural or horticultural product, or any other material of any character whatsoever, capable of carrying any dangerously injurious insect pest or disease in any living state of its development; and, in the enforcement of such quarantine, may intercept, stop, and detain for official inspection any person, car, vessel, boat, truck, automobile, aircraft, wagon, vehicles or carriers or any container, material, or substance believed or known to be carrying the insect pest or plant disease in any living state of its development in violation of said quarantines or of the rules issued supplemental thereto, and may seize, possess, and destroy any agricultural or horticultural product or other material of any character whatsoever, moved, shipped, or transported in violation of such quarantines or the rules.
[S13, §2575-a48; C24, §4049; C27, 31, 35, §4062-b11; C39, §4062.11; C46, 50, 54, 58, 62, 66, 71, 73, §267.11; C75, 77, 79, 81, §177A.11]
Referred to in §177A.19
2023 Iowa Code › Title V - AGRICULTURE › Chapter 177A - CROP PESTS › Section 177A.12 - Federal quarantine — seizures.

177A.12 Federal quarantine — seizures.
1. Until the secretary of agriculture of the United States shall have made a determination that a federal quarantine is necessary, and has duly established the same with reference to any dangerous plant disease or insect infestation, the state entomologist of this state is authorized to promulgate and enforce quarantine regulations prohibiting or restricting the transportation of any class of plant material or product or article into this state from any state, territory or district of the United States, when the entomologist shall have information that a dangerous plant disease or insect infestation exists in such state, territory, district, or portion thereof.
2. The state entomologist, the entomologist’s inspectors or duly authorized agents are authorized to seize, destroy, or return to the point of origin any material received in this state in violation of any state quarantine established under the authority of subsection 1, or in violation of any federal quarantine established under the authority of the federal Plant Protection Act, 7 U.S.C. §7701 et seq., or any amendment to that Act.
[C27, 31, 35, §4062-b12; C39, §4062.12; C46, 50, 54, 58, 62, 66, 71, 73, §267.12; C75, 77, 79, 81, §177A.12]
2006 Acts, ch 1010, §58; 2017 Acts, ch 29, §48
Referred to in §177A.19
2023 Iowa Code › Title V - AGRICULTURE › Chapter 177A - CROP PESTS › Section 177A.13 - Quarantines — seizure and destruction.

177A.13 Quarantines — seizure and destruction.
1. Whenever the state entomologist shall find that there exists in this state, or any part thereof, any dangerously injurious insect pest or plant disease, and that its dissemination should be controlled or prevented, the entomologist may institute quarantines and promulgate quarantine restrictions covering areas within the state affected by such pest or disease, and may adopt, issue and enforce rules supplemental to such quarantines for the control of this pest. Under such quarantines, the state entomologist, the entomologist’s inspectors or authorized agents may prohibit and prevent the movement within the state without inspection or the shipment or transportation within this state, of any agricultural or horticultural product, or any other material of any character whatsoever, capable of carrying any dangerously injurious insect pest or disease in any living state of its development; and, in the enforcement of such quarantine, may intercept, stop, and detain for official inspection any person, car, vessel, boat, truck, automobile, aircraft, wagon, or other vehicles or carriers of any kind or character, whether air, land, or water, or any container or material believed or known to be carrying such insect pest or plant disease in any living state of its development or any such material, in violation of said quarantine or of the rules issued supplemental thereto, and may seize, possess, and destroy any agricultural or horticultural product or other material of any character whatsoever, moved, shipped, or transported in violation of such quarantines or the said rules.
2. The state entomologist shall give public notice of such quarantines, specifying the plants and plant products infested or infected, or likely to become infested or infected; and the movement, planting or other use of any such plant or plant product, or other thing or substance specified in such notice as likely to carry and disseminate such insect pest or disease, except under such conditions as shall be prescribed as to inspection, treatment and disposition, shall be prohibited within such area as the entomologist may designate. When the state entomologist shall find that the danger of the dissemination of such insect pest or disease has ceased to exist, the entomologist shall give public notice that the quarantine is raised.
[S13, §2575-a48; C24, §4049; C27, 31, 35, §4062-b13; C39, §4062.13; C46, 50, 54, 58, 62, 66, 71, 73, §267.13; C75, 77, 79, 81, §177A.13]
Referred to in §177A.19
2023 Iowa Code › Title V - AGRICULTURE › Chapter 177A - CROP PESTS › Section 177A.14 - Right of access.

177A.14 Right of access.
The state entomologist and the entomologist’s authorized inspectors, employees, and agents shall have free access within reasonable hours to any farm, field, orchard, nursery, greenhouse, garden, elevator, seedhouse, warehouse, building, cellar, freight or express office or car, freight yard, truck, automobile, aircraft, wagon, vehicle, carrier, vessel, boat, container or any place which it may be necessary or desirable for such authorized agents to enter in carrying out the provisions of this chapter. It shall be unlawful to deny such access to such authorized agents or to hinder, thwart, or defeat such inspection or entrance by misrepresentation or concealment of facts or conditions, or otherwise.
[S13, §2575-a48; C24, §4049; C27, 31, 35, §4062-b14; C39, §4062.14; C46, 50, 54, 58, 62, 66, 71, 73, §267.14; C75, 77, 79, 81, §177A.14]
Referred to in §177A.19
2023 Iowa Code › Title V - AGRICULTURE › Chapter 177A - CROP PESTS › Section 177A.15 - Right to hearing.

177A.15 Right to hearing.
Any person affected by any rule made or notice given may have a review thereof by the secretary of agriculture for the purpose of having such rule or notice modified, suspended or withdrawn.
[C27, 31, 35, §4062-b15; C39, §4062.15; C46, 50, 54, 58, 62, 66, 71, 73, §267.15; C75, 77, 79, 81, §177A.15]
Referred to in §177A.19
2023 Iowa Code › Title V - AGRICULTURE › Chapter 177A - CROP PESTS › Section 177A.16 - Violations.

177A.16 Violations.
Any person, partnership, association or corporation, or any combination of individuals, violating any provision of a quarantine promulgated under the authority of this chapter, or of any rules issued supplemental thereto, shall be guilty of a simple misdemeanor.
[S13, §2575-a50; C24, §4059; C27, 31, 35, §4062-b16; C39, §4062.16; C46, 50, 54, 58, 62, 66, 71, 73, §267.16; C75, 77, 79, 81, §177A.16]
2008 Acts, ch 1032, §106
Referred to in §177A.19
2023 Iowa Code › Title V - AGRICULTURE › Chapter 177A - CROP PESTS › Section 177A.17 - Duty of owner — assessment of costs.

177A.17 Duty of owner — assessment of costs.
When treatment or destruction of an agricultural or horticultural plant or product, in field, feedlot, place of assemblage or storage, or elsewhere, or when a special type of plowing or any other agricultural or horticultural operation is required under the rules, the owner or person having charge of the plants, plant products or places, upon due notice from the state entomologist or the entomologist’s authorized agents, shall take the action required within the time and in the manner designated by the notice. If the owner or person in charge refuses or neglects to obey the notice, the secretary of agriculture, or the secretary’s authorized agents, may do what is required, and the secretary shall assess the expense to the owner after giving the owner legal notice and a hearing. No expense other than that incidental to normal and usual farm operations shall be so assessed. If the assessment is not paid, the secretary shall certify it to the treasurer of the proper county who shall enter it on the tax books and collect it as ordinary taxes are collected and remit it to the secretary.
[S13, §2575-a48; C24, §4055, 4056; C27, 31, 35, §4062-b17; C39, §4062.17; C46, 50, 54, 58, 62, 66, 71, 73, §267.17; C75, 77, 79, 81, §177A.17; 81 Acts, ch 70, §3]
Referred to in §177A.7, 177A.19, 331.559
2023 Iowa Code › Title V - AGRICULTURE › Chapter 177A - CROP PESTS › Section 177A.18 - Violations.

177A.18 Violations.
Any person who shall violate any provision or requirement of this chapter, or of the rules made or of any notice given pursuant thereto, or who shall forge, counterfeit, deface, destroy, or wrongfully use, any certificate provided for in this chapter, or in the rules and regulations made pursuant thereto, shall be deemed guilty of a simple misdemeanor.
[S13, §2575-a50; C24, §4059; C27, 31, 35, §4062-b18; C39, §4062.18; C46, 50, 54, 58, 62, 66, 71, 73, §267.18; C75, 77, 79, 81, §177A.18]
Referred to in §177A.19
2023 Iowa Code › Title V - AGRICULTURE › Chapter 177A - CROP PESTS › Section 177A.19 - Harmful barberry.

177A.19 Harmful barberry.
1. No person, firm, or corporation shall receive, ship, accept for shipment, transport, sell, offer for sale, give away, deliver, plant, or permit to exist on the person’s, firm’s, or corporation’s premises any plant of the harmful barberry, or any plant of a species that shall be designated by the state entomologist in published regulations to be a host or carrier of a dangerous plant disease or insect pest.
2. The state entomologist and the entomologist’s inspectors, and authorized agents, are hereby empowered to eradicate any such plant found growing in the state. If the owner shall refuse or neglect to eradicate such plants within ten days after receiving a written notice, the expense of such eradication shall be assessed, collected, and enforced against the premises upon which such expense was incurred as taxes are assessed, collected and enforced.
3. The term “harmful barberry” shall be interpreted to consist of any species of Berberis or Mahonia susceptible to infection by Puccinia graminis, commonly called black stem rust of grain, but not including Japanese barberry (B. thunbergii), which does not propagate the rust.
4. The procedures provided in section 177A.17 and all other applicable provisions of sections 177A.5 through 177A.18 shall govern and apply to the enforcement of this section.
[C24, §4053; C27, 31, 35, §4062-b19; C39, §4062.19; C46, 50, 54, 58, 62, 66, 71, 73, §267.19; C75, 77, 79, 81, §177A.19]
2021 Acts, ch 80, §90
2023 Iowa Code › Title V - AGRICULTURE › Chapter 177A - CROP PESTS › Section 177A.20 - Liability of principal.

177A.20 Liability of principal.
In construing and enforcing the provisions of this chapter, the act, omission, or failure of any official, agent, or other person acting for or employed by an association, partnership or corporation within the scope of the person’s authority shall, in every case, also be deemed the act, omission, or failure of such association, partnership, or corporation as well as that of the person.
[C27, 31, 35, §4062-b20; C39, §4062.20; C46, 50, 54, 58, 62, 66, 71, 73, §267.20; C75, 77, 79, 81, §177A.20]
2023 Iowa Code › Title V - AGRICULTURE › Chapter 177A - CROP PESTS › Section 177A.21 - Party plaintiff.

177A.21 Party plaintiff.
The secretary of agriculture, the state entomologist, or any of their inspectors or authorized agents shall be a proper party plaintiff in any action in any court of equity brought for the purpose of carrying out any of the provisions of this chapter.
[C27, 31, 35, §4062-b21; C39, §4062.21; C46, 50, 54, 58, 62, 66, 71, 73, §267.21; C75, 77, 79, 81, §177A.21]
2023 Iowa Code › Title V - AGRICULTURE › Chapter 177A - CROP PESTS › Section 177A.22 - Construction.

177A.22 Construction.
This chapter shall not be so construed or enforced as to conflict in any way with any Act of Congress regulating the movement of plants and plant products in interstate or foreign commerce.
[C27, 31, 35, §4062-b22; C39, §4062.22; C46, 50, 54, 58, 62, 66, 71, 73, §267.22; C75, 77, 79, 81, §177A.22]
2023 Iowa Code › Title V - AGRICULTURE › Chapter 178 - STATE DAIRY ASSOCIATION › Section 178.1 - Recognition of organization.

178.1 Recognition of organization.
The organization known as the Iowa state dairy association shall be entitled to the benefits of this chapter by filing each year with the department verified proofs of its organization, the names of its president, vice president, secretary, and treasurer, and that five hundred persons are bona fide members of said association, together with such other information as the department may require.
[C24, 27, 31, 35, 39, §2944; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §178.1]
2023 Iowa Code › Title V - AGRICULTURE › Chapter 178 - STATE DAIRY ASSOCIATION › Section 178.2 - Duties and objects of association.

178.2 Duties and objects of association.
The Iowa state dairy association shall:
1. Promote dairy test associations, shows, and sales.
2. Publish a breeders’ directory.
3. Furnish such general instruction and assistance, either by institutes or otherwise, as it may deem proper, to advance the general interests of the dairy industry.
4. Make an annual report of the proceedings and expenditures to the secretary of agriculture.
[C24, 27, 31, 35, 39, §2945; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §178.2]
2023 Iowa Code › Title V - AGRICULTURE › Chapter 178 - STATE DAIRY ASSOCIATION › Section 178.3 - Executive committee.

178.3 Executive committee.
The association shall conduct its business through an executive committee which shall consist of:
1. The president and the secretary of the association.
2. The dean of the college of agriculture and life sciences of the Iowa state university of science and technology.
3. A member of the faculty of said university engaged in the teaching of dairying to be designated by said dean.
4. The secretary of agriculture or the secretary’s designee.
[C24, 27, 31, 35, 39, §2946; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §178.3]
87 Acts, ch 115, §31; 2008 Acts, ch 1032, §29
2023 Iowa Code › Title V - AGRICULTURE › Chapter 178 - STATE DAIRY ASSOCIATION › Section 178.4 - Employees of committee.

178.4 Employees of committee.
The executive committee may employ two or more competent persons who shall devote their entire time, under the direction of the executive committee, in carrying out the provisions of this chapter. The salary of such persons so employed shall be set by the executive committee subject to the approval of the secretary of agriculture, and such persons shall hold office at the pleasure of the executive committee.
[C24, 27, 31, 35, 39, §2947; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §178.4]
2023 Iowa Code › Title V - AGRICULTURE › Chapter 178 - STATE DAIRY ASSOCIATION › Section 178.5 - Expenses of officers.

178.5 Expenses of officers.
The officers of the association shall serve without compensation, but shall receive their necessary expenses while engaged in the business of the association.
[C24, 27, 31, 35, 39, §2948; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §178.5]
2023 Iowa Code › Title V - AGRICULTURE › Chapter 179 - DAIRY INDUSTRY COMMISSION › Section 179.1 - Definitions.

179.1 Definitions.
As used in this chapter:
1. “Collection period” means a calendar year.
2. The term “commission” shall mean the Iowa dairy industry commission.
3. “First purchaser” means a person who buys milk from a producer and resells that milk or products made from the milk to another person.
4. “Nutrition education” means activities intended to broaden the understanding of sound nutritional principles including the role of milk in a balanced diet.
5. The term “person” shall mean individuals, corporations, partnerships, trusts, associations, cooperatives, and any and all other business units.
6. “Producer” means a person who produces milk from cows and thereafter sells the same as milk.
7. “Promotion” means actions including but not limited to advertising, sales, promotion, and publicity to advance the image and sales of and demand for milk.
8. “Qualified financial institution” means a bank or credit union as defined in section 12C.1.
9. “Research” means studies testing the effectiveness of market development and promotion efforts, studies relating to the nutritional value of milk and to product utilization, and other related efforts to expand demand for milk.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §179.1]
85 Acts, ch 126, §1 – 4; 94 Acts, ch 1146, §1; 2012 Acts, ch 1017, §47; 2012 Acts, ch 1023, §157
2023 Iowa Code › Title V - AGRICULTURE › Chapter 179 - DAIRY INDUSTRY COMMISSION › Section 179.3 - Powers and duties.

179.3 Powers and duties.
The powers and duties of the commission shall include the following:
1. To elect a chairperson, a secretary, and from time to time such other officers as it may deem advisable, and from time to time to adopt, rescind, modify and amend all proper and necessary rules, regulations and orders for the exercise of its power and the performance of its duties, which rules and orders shall have the force and effect of law when not inconsistent with existing laws.
2. To administer and enforce this chapter, and do and perform all acts and exercise all powers reasonably necessary to effectuate the purpose of this chapter.
3. To employ at its pleasure and discharge at its pleasure such attorneys, advertising counsel, advertising agencies, clerks and employees as it deems necessary, and to prescribe their duties and powers and fix their compensation.
4. To establish offices and incur any and all expense, and to enter into any and all contracts and agreements for the proper administration and enforcement of this chapter.
5. To report alleged violations of this chapter to the attorney general of the state of Iowa.
6. To conduct scientific research for the purpose of developing and discovering the health, food, therapeutic, dietetic, and industrial uses for products of milk or its derivatives.
7. To make in the name of the commission such advertising contracts and other agreements as it deems necessary to promote the sale and consumption of dairy products on either a state or national basis.
8. To keep accurate books, records, and accounts of all its dealings, which books, records, and accounts shall be audited annually by the auditor of state.
9. To receive, administer, disburse and account for, in addition to the funds received from the excise tax hereinafter imposed by section 179.5, all such other funds as may be voluntarily contributed to said commission for the purpose of promoting dairy products.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §179.3]
85 Acts, ch 126, §9
2023 Iowa Code › Title V - AGRICULTURE › Chapter 179 - DAIRY INDUSTRY COMMISSION › Section 179.4 - Expenditure of funds.

179.4 Expenditure of funds.
Funds collected through the excise tax are to be used for purposes of advertising and promotion, product, process, and nutrition, dietetics, and physiology research, nutrition education, public relations, research and development, and for other activities that contribute to producer efficiency and productivity. In addition, the commission shall use these funds to maintain existing markets, to make contributions to organizations working toward the purposes of this section, and to assist in the development of new or enlarged markets for milk, both domestic and foreign. The primary purpose for use of these funds is to increase consumption of milk. The commission may contract for advertising, publicity, sales promotion, research, and educational services the committee deems appropriate to further the objectives of this section.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §179.4]
85 Acts, ch 126, §10
2023 Iowa Code › Title V - AGRICULTURE › Chapter 179 - DAIRY INDUSTRY COMMISSION › Section 179.5 - Excise tax — administration of moneys — appropriation.

179.5 Excise tax — administration of moneys — appropriation.
1. There is levied and imposed an excise tax on all producers within the state of three-fourths of one percent of the gross value of milk produced in the state.
2. All taxes levied and imposed under this chapter shall be deducted from the price received by the producer and shall be collected by the first purchaser, except as follows:
a. If the producer produces milk from cows and sells the milk directly to the consumer, the taxes shall be remitted by that producer.
b. If the producer sells milk to a first purchaser outside the state, the taxes are due and payable by that producer before the shipment is made, except that the commission may make agreements with extra state purchasers for the keeping of records and the collection of the taxes as necessary to secure the payment of the taxes within the time fixed by this chapter.
3. All taxes levied and imposed under this chapter and other contributions made to the dairy industry commission shall be paid to and collected by the commission within thirty days after the end of the month during which the milk was marketed. The commission shall remit the taxes and other contributions to the treasurer of the state each quarter, and at the same time render to the director of the department of administrative services an itemized and verified report showing the source from which the taxes and voluntary contributions were obtained. All taxes and voluntary contributions received, collected, and remitted shall be placed in a special fund by the treasurer of state and the director of the department of administrative services, to be known as the “dairy industry fund” to be used by the Iowa dairy industry commission for the purposes set out in this chapter and to administer and enforce the laws relative to this chapter. The department of administrative services shall transfer moneys from the fund to the commission for deposit into an account established by the commission in a qualified financial institution. The department shall transfer the moneys as provided in a resolution adopted by the commission. However, the department is only required to transfer moneys once during each day and only during hours when the offices of the state are open. Moneys deposited in the fund and transferred to the commission as provided in this section are appropriated and shall be used for the purpose of carrying out the provisions of this chapter.
4. A person from whom the excise tax provided in this chapter is collected may, by application filed with the commission within thirty days after the collection of the tax, have the tax refunded to that person by the commission.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §179.5]
85 Acts, ch 126, §11; 94 Acts, ch 1146, §2; 2003 Acts, ch 145, §286
Referred to in §179.2, 179.3, 179.8
Suspension during national order; see §179.2
2023 Iowa Code › Title V - AGRICULTURE › Chapter 179 - DAIRY INDUSTRY COMMISSION › Section 179.5A - Right to refund not subject to legal process or transfer.

179.5A Right to refund not subject to legal process or transfer.
The right of a person to a refund under this chapter or under chapter 181, 182, 183A, 184A, 185, or 185C is not subject to execution, levy, attachment, garnishment, or other legal process, and is not transferable or assignable at law or in equity.
86 Acts, ch 1100, §1; 89 Acts, ch 137, §1
2023 Iowa Code › Title V - AGRICULTURE › Chapter 179 - DAIRY INDUSTRY COMMISSION › Section 179.6 - Records of producers, first purchasers.

179.6 Records of producers, first purchasers.
Every producer shipping milk to a first purchaser outside of Iowa who is not by agreement with the commission collecting the tax imposed by this chapter, and every first purchaser within the state, and every producer distributing milk directly to the consumer, shall keep a complete and accurate record of all milk produced or purchased by the person during the period for which an excise tax levy is imposed under this chapter. The records shall be in the form and contain the information prescribed by the commission, shall be preserved by the person charged with their making for a period of two years, and shall be offered or submitted for inspection at any time upon written or oral request by the commission or its duly authorized agent or employee.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §179.6]
85 Acts, ch 126, §12; 86 Acts, ch 1238, §8
2023 Iowa Code › Title V - AGRICULTURE › Chapter 179 - DAIRY INDUSTRY COMMISSION › Section 179.7 - Returns filed with commission.

179.7 Returns filed with commission.
Every person charged by this chapter or by agreement with the commission with the keeping of records provided for in this chapter shall at the times the commission may by rule require, file with the commission a return on forms to be prescribed and furnished by the commission. Producers shall state the quantity of milk produced. First purchasers shall state the quantity of milk handled, bottled, processed, distributed, delivered to, or purchased by the person from the producers of dairy products or their agents in the state. Returns shall contain other information as the commission may require, and shall be made in triplicate, one copy of which shall be for the files of the person making the return, one copy available at the office of the person for the use of the person’s patrons, and the original filed with the commission.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §179.7]
85 Acts, ch 126, §13; 86 Acts, ch 1238, §9
2023 Iowa Code › Title V - AGRICULTURE › Chapter 179 - DAIRY INDUSTRY COMMISSION › Section 179.8 - Payment of expenses — limitation.

179.8 Payment of expenses — limitation.
1. No part of the expense incurred by the commission shall be paid out of moneys in the state treasury except moneys transferred to the commission from the dairy industry fund. Moneys transferred from the fund to the commission, as provided in section 179.5, shall be used for the payment of all salaries and other expenses necessary to carry out the provisions of this chapter. However, in no event shall the total expenses exceed the total taxes collected and transferred from the fund to the commission.
2. No more than five percent of the excise tax collected and received by the commission pursuant to section 179.5 shall be utilized for administrative expenses of the commission.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §179.8]
85 Acts, ch 126, §14; 94 Acts, ch 1146, §3; 2018 Acts, ch 1041, §50
2023 Iowa Code › Title V - AGRICULTURE › Chapter 179 - DAIRY INDUSTRY COMMISSION › Section 179.9 - Investigations by commission.

179.9 Investigations by commission.
The commission shall have the power to cause its authorized agents to enter upon the premises of any person charged by this chapter or by agreement with the commission with the collection of the excise tax imposed by this chapter, and to cause to be examined by any such agent any books, records, documents, or other instruments bearing upon the amount of such tax collected or to be collected by such person; provided that the commission has reasonable ground to believe that all the tax herein levied has not been collected, or if it has not been fully accounted for as herein provided.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §179.9]
2023 Iowa Code › Title V - AGRICULTURE › Chapter 179 - DAIRY INDUSTRY COMMISSION › Section 179.10 - Report.

179.10 Report.
The commission shall each year prepare and submit a report summarizing the activities of the commission under this chapter to the auditor of state and the secretary of agriculture. The report shall show all income, expenses, and other relevant information concerning fees collected and expended under this chapter.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §179.10]
85 Acts, ch 126, §15; 94 Acts, ch 1146, §4
2023 Iowa Code › Title V - AGRICULTURE › Chapter 179 - DAIRY INDUSTRY COMMISSION › Section 179.11 - Penalties.

179.11 Penalties.
Except as otherwise provided, any person who shall violate or aid in the violation of any of the provisions of this chapter shall be deemed guilty of a simple misdemeanor. All prosecutions for alleged violations of the provisions of this chapter shall be by the county attorney of the county in which such alleged violation occurred and shall be instituted and conducted under the direction and authority of the attorney general of the state.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §179.11]
Referred to in §331.756(30)
2023 Iowa Code › Title V - AGRICULTURE › Chapter 179 - DAIRY INDUSTRY COMMISSION › Section 179.13 - Referendum.

179.13 Referendum.
1. At a time designated by the commission within eighteen months after termination of the national promotional order made pursuant to the Dairy Production Stabilization Act of 1983, 7 U.S.C. §4501 et seq., the commission shall conduct a referendum under administrative procedures prescribed by the department.
2. Upon signing a statement certifying to the department that the person is a bona fide producer as defined in this chapter, each producer is entitled to one vote in each referendum. When the secretary is required to determine the approval or disapproval of producers under this section, the secretary shall consider the approval or disapproval of a cooperative association of producers, engaged in a bona fide manner in marketing milk, as the approval or disapproval of the producers who are members of or contract with the cooperative association of producers. If a cooperative association elects to vote on behalf of its members, the cooperative association shall provide each producer on whose behalf the cooperative association is expressing approval or disapproval with a description of the question presented in the referendum together with a statement of the manner in which the cooperative association intends to cast its vote on behalf of the membership. The information shall inform the producer of procedures to follow to cast an individual ballot if the producer chooses to do so within the period of time established by the secretary for casting ballots. The notification shall be made at least thirty days prior to the referendum and shall include an official ballot. The ballots shall be tabulated by the secretary and the vote of the cooperative association shall be adjusted to reflect the individual votes.
3. The department shall count and tabulate the ballots filed during the referendum within thirty days of the close of the referendum. If from the tabulation the department determines that a majority of the total number of producers voting in the referendum favors the proposal, the excise tax provided for in this chapter shall be continued. The ballots cast pursuant to this section constitute complete and conclusive evidence for use in determinations made by the department under this chapter.
4. The secretary may conduct a referendum at any time after the Iowa dairy industry commission is reactivated, and shall hold a referendum on request of a representative group comprising ten percent or more of the number of producers eligible to vote, to determine whether the producers favor the termination or suspension of the excise tax. The secretary shall suspend or terminate collection of the excise tax within six months after the secretary determines that suspension or termination of the excise tax is favored by a majority of the producers voting in the referendum, and shall terminate the excise tax in an orderly manner as soon as practicable after the determination.
[C75, 77, 79, 81, §179.13]
85 Acts, ch 126, §16; 2017 Acts, ch 29, §49
2023 Iowa Code › Title V - AGRICULTURE › Chapter 179 - DAIRY INDUSTRY COMMISSION › Section 179.14 - Influencing legislation.

179.14 Influencing legislation.
Neither commissioners, nor employees of the commission, shall attempt in any manner to influence legislation affecting any matters pertaining to the activities of the commission. No portion of the dairy industry fund shall be used in any manner to influence legislation or support any political candidate for public office, either directly or indirectly, or to support any political party.
[C75, 77, 79, 81, §179.14]
2023 Iowa Code › Title V - AGRICULTURE › Chapter 181 - BEEF CATTLE PRODUCERS ASSOCIATION › Section 181.1 - Definitions.

181.1 Definitions.
As used in this chapter, unless the context requires otherwise:
1. “Association” means the Iowa beef cattle producers association.
2. “Cattle” means any live domesticated bovine animal regardless of age.
3. “Executive committee” means the executive committee of the association as created in section 181.3.
4. “Federal Act” means the federal Beef Promotion and Research Act of 1985, 7 U.S.C. §2901 et seq.
5. “Federal assessment” means an excise tax on the sale of bovine animals imposed pursuant to the federal Act.
6. “Producer” means any person who owns or acquires ownership of cattle. However, a person shall not be considered a producer if any of the following apply:
a. The person’s only share in the proceeds of a sale of cattle or beef is a sales commission, handling fee, or other service fee.
b. The person acquired ownership of cattle to facilitate the transfer of ownership of such cattle from the seller to a third party; resold such cattle no later than ten days from the date on which the person acquired ownership; and certified as required by rules adopted by the executive committee.
7. “Qualified financial institution” means a bank or credit union as defined in section 12C.1.
8. “Records” means books, papers, documents, accounts, agreements, memoranda, electronic records of accounts, or correspondence relating to a matter regulated under this chapter.
9. “Secretary” means the secretary of agriculture.
10. “State assessment” means an excise tax on the sale of cattle imposed pursuant to this chapter.
[C71, 73, 75, 77, 79, 81, §181.6]
86 Acts, ch 1100, §5; 94 Acts, ch 1146, §6; 97 Acts, ch 30, §2, 9
CS97, §181.1
2004 Acts, ch 1037, §1, 19; 2012 Acts, ch 1017, §48; 2016 Acts, ch 1043, §1, 2, 21
2023 Iowa Code › Title V - AGRICULTURE › Chapter 181 - BEEF CATTLE PRODUCERS ASSOCIATION › Section 181.1A - Recognition of organization.

181.1A Recognition of organization.
The Iowa beef cattle producers association now existing in and incorporated under the laws of this state is entitled to the benefits of this chapter by filing, each year, with the department of agriculture and land stewardship, verified proof of the names of its president, vice president, secretary, and treasurer, together with other information required by the department of agriculture and land stewardship.
[C24, 27, 31, 35, 39, §2949; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §181.1]
86 Acts, ch 1100, §2
CS97, §181.1A
Referred to in §181.17
2023 Iowa Code › Title V - AGRICULTURE › Chapter 181 - BEEF CATTLE PRODUCERS ASSOCIATION › Section 181.2 - Duties and objects of association.

181.2 Duties and objects of association.
The Iowa beef cattle producers association shall do all of the following:
1. Aid in the marketing and promotion of the cattle industry of the state.
2. Conduct research on beef production and evaluate Iowa beef production needs.
3. Provide educational materials and opportunities to consumers, producers, and youth regarding the benefits of Iowa’s beef cattle industry.
4. Prepare an annual report of the proceedings and expenditures of the executive committee as provided in section 181.18B.
[C24, 27, 31, 35, 39, §2950; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §181.2]
94 Acts, ch 1146, §5; 2004 Acts, ch 1037, §2, 19; 2016 Acts, ch 1043, §3, 21
2023 Iowa Code › Title V - AGRICULTURE › Chapter 181 - BEEF CATTLE PRODUCERS ASSOCIATION › Section 181.3 - Executive committee — creation and operation.

181.3 Executive committee — creation and operation.
1. An executive committee of the Iowa beef cattle producers association is created. The executive committee consists of ten members, including all of the following:
a. Five producers elected by the Iowa beef cattle producers association pursuant to section 181.6A.
b. Two producers appointed by the Iowa cattlemen’s association.
c. One livestock market representative appointed pursuant to subsection 2.
d. The secretary of agriculture or a designee, who shall serve as an ex officio, voting member.
e. The dean of the college of agriculture and life sciences of Iowa state university of science and technology or a designee, who shall serve as an ex officio, voting member.
2. The Iowa livestock auction market association shall nominate two livestock market representatives. The secretary of agriculture shall appoint one of the nominees or another livestock market representative of the secretary’s choice, who shall serve at the pleasure of the secretary.
3. The executive committee shall elect a chairperson, secretary, and other officers it deems necessary.
4. a. A member who is a producer or livestock market representative described in subsection 1, paragraphs “a” through “c”, shall serve a three-year term. The member shall not serve more than two consecutive full terms.
b. Except for an ex officio member, a vacancy in the executive committee resulting from death, inability or refusal to serve, or failure to meet the qualifications of this chapter shall be filled by the executive committee. If the executive committee fails to fill a vacancy, the secretary shall appoint a person to fill the vacancy. A vacancy appointment shall be filled only for the remainder of the unexpired term.
[C24, 27, 31, 35, 39, §2951; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §181.3]
86 Acts, ch 1100, §3; 97 Acts, ch 30, §1; 2004 Acts, ch 1037, §3, 4, 19; 2008 Acts, ch 1032, §30; 2016 Acts, ch 1043, §4, 21; 2017 Acts, ch 29, §50
Referred to in §181.1