reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.103 - Review Period

Current through Register Vol. 47, No. 3, July 24, 2024
Either the department or Cornmercial applicator may request
				peer review within 14 days following the department's notification of a
				probable violation and proposed penalty, if no agreement has been
				reached.
(1) If the department seeks
			 review, it shall prepare a brief summary of the case against the Cornmercial
			 applicator for the panel. The summary shall include the name of the applicator,
			 a short and concise description of the facts, and the rationale for the penalty
			 sought with reference to the factors to be considered in assessment of civil
			 penalties as provided in these rules.
(2) If the Cornmercial applicator seeks
			 review, the Cornmercial applicator shall submit a short and concise statement
			 of the facts of the case and a statement as to why the amount of civil penalty
			 sought to be assessed is inappropriate under the circumstances of the
			 case.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.104 - Review by Peer Review Panel

Current through Register Vol. 47, No. 3, July 24, 2024
The request for review shall be served in writing by regular
				mail upon the chairperson of the panel, with copies furnished to the other
				party. Upon receipt of the request for review, the chairperson shall schedule a
				meeting of the panel in Des Moines at the Henry A. Wallace Building. The panel
				may agree to meet telephonically, with the chairperson providing copies of the
				request for review to the members of the panel.
(1) The panel shall confine its review to the
			 department's summary or the information furnished by the Cornmercial
			 applicator. The department's investigative files, or parts thereof, may be made
			 available to the panel upon request. The panel's review shall not be a
			 contested case evidentiary hearing. The panel shall not have power to examine
			 or cross-examine witnesses, nor shall it have power to subpoena witnesses or
			 documents.
(2) The panel's
			 reCornmendation may include increasing the amount of civil penalty, reducing
			 the amount of civil penalty or not imposing a penalty or that conditions be
			 placed upon the license of the Cornmercial applicator
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 45 - Pesticides › Rule 21-45.105 - Response by Peer Review Panel

Current through Register Vol. 47, No. 3, July 24, 2024
The panel shall notify in writing the department and the
				Cornmercial applicator of its reCornmendations within 30 days of receipt of a
				request for review. Upon receipt of the panel's reCornmendations, the
				department and the Cornmercial applicator may reach an agreement on the amount
				of the civil penalty. If the parties do not agree, the department may initiate
				or continue the contested case proceeding. The department is not required to
				follow the reCornmendation of the panel as to assessment of the civil penalty.
				If the department does not receive a reCornmendation from the panel within 30
				days of the panel's receipt of a request for review, it may proceed with the
				hearing.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 46 - Crop Pests › Rule 21-46.1 - Nursery Stock

Current through Register Vol. 47, No. 3, July 24, 2024
Hardy, cultivated or wild woody plants, such as trees,
				evergreens, shrubs and vines, and small fruits such as strawberries and
				raspberries. Nursery stock dug from the wild and offered for sale or movement
				should be so labeled.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 46 - Crop Pests › Rule 21-46.5 - Nursery

Current through Register Vol. 47, No. 3, July 24, 2024
Any grounds or premises, on or in which nursery stock is
				propagated or grown for sale or distribution, including any grounds or premises
				on or in which nursery stock is being fumigated, treated, stored or packed for
				sale or movement.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 46 - Crop Pests › Rule 21-46.6 - Nursery Dealer

Current through Register Vol. 47, No. 3, July 24, 2024
Any person who does not grow nursery stock, but who obtains,
				takes title to and possession of nursery stock, and moves it or oilers it for
				movement to the ownership of other persons.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 46 - Crop Pests › Rule 21-46.7 - Out-of-state Nursery Growers and Nursery Dealers

Current through Register Vol. 47, No. 3, July 24, 2024
Any person desiring to ship nursery stock into Iowa
				shall:
(1) File with the state
			 entomologist's office an official certificate of inspection showing that the
			 nursery from which the plants originated has been inspected and certified by
			 the plant regulatory officials of that state. This information may be
			 Cornmunicated to the state entomologist's office by the filing of an official
			 list of certified nurseries by the plant regulatory official of the state of
			 origin.
(2) Provide a valid copy of
			 the certificate of inspection of the state of origin which will acCornpany each
			 shipment of nursery stock into Iowa.
(3) No fee shall be charged out-of-state
			 nursery growers or dealers who ship nursery stock directly from their
			 out-of-state location to Iowa purchasers, unless the state in which the
			 shipping nursery is located charges a fee to Iowa nursery growers and dealers.
			 In this case, a fee equivalent to that charged Iowa nursery growers or dealers
			 shipping into that state shall be charged.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 46 - Crop Pests › Rule 21-46.8 - Nursery Inspection

Current through Register Vol. 47, No. 3, July 24, 2024
Each nursery within the state of Iowa shall be inspected at
				least annually to ascertain if they are infested with insect pests or infected
				with plant diseases. If insect pests or diseases are found, control or cleanup
				measures shall be required. Certificates will be issued only for stock found
				apparently free from insect pests and diseases. Cleanup measures will be
				required if excessive weeds in the nursery make an adequate inspection
				impossible.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 46 - Crop Pests › Rule 21-46.9 - Nursery Dealer Certificate

Current through Register Vol. 47, No. 3, July 24, 2024
Nursery dealers shall secure a nursery dealer's certificate
				from the state entomologist before they carry on their business within the
				state. Each separate sales location shall operate under its own certificate.
				Nurseries that sell stock from more than one location shall obtain a nursery
				dealer certificate for those additional locations.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 46 - Crop Pests › Rule 21-46.10 - Proper Facilities

Current through Register Vol. 47, No. 3, July 24, 2024
Individuals, firms or corporations who offer nursery stock for
				sale at nursery grounds, stores, roadside stands, public market places, or any
				other place, shall have and maintain proper facilities for keeping all nursery
				stock in a viable condition; shall keep such stock in a viable condition
				pending sale; and shall display at the sales location the proper kind of
				certificate showing that they have the right to offer nursery stock for sale.
				Proper facilities should include a storage and display area for the nursery
				stock which prevents excessive drying of plant tissues and a ready access to a
				water supply.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 46 - Crop Pests › Rule 21-46.11 - Storage and Display

Current through Register Vol. 47, No. 3, July 24, 2024
All nursery stock offered for sale or distribution shall be
				stored and displayed as follows:
(1)
			 Balled and burlapped stock shall be kept moist at all times and shall be kept
			 in sawdust, shingle tow, peat, sphagnum moss or other moisture-holding material
			 not toxic to plants, of sufficient depth to cover the top of the ball of
			 earth.
(2) Container stock shall be
			 watered sufficiently to maintain the viability and vigor of the stock. Potting
			 soil shall be maintained at a depth so as to cover all roots of the
			 plants.
(3) Bare-root stock shall
			 be kept under conditions of temperature and moisture to retard etiolated or
			 otherwise abnormal growth and maintain viability. Moisture must be supplied to
			 the root system by high humidity conditions in storage or by covering the roots
			 with soil, sawdust, peat, wood shavings or other moisture-holding materials not
			 toxic to plants. Such material is to be kept moist at all times. Roots of
			 healed-in stock must be covered with well packed soil at least one inch above
			 the crown of the plant.
(4) Stock
			 with roots packaged in moisture-retaining plastic, peat, wood shavings or other
			 material not toxic to plants must be stored and displayed under conditions that
			 will retard etiolated or otherwise abnormal growth and will ensure an adequate
			 supply of moisture to the roots at all times.
(5) Nursery stock offered for sale or
			 movement at locations with hard surfaced areas, such as concrete or asphalt
			 parking lots, must not be in constant, direct contact with the hard surfaced
			 area; but must be so displayed that the roots of the stock are protected from
			 excessive heat, drying, or other adverse conditions associated with contact
			 from hard surfaced areas.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 46 - Crop Pests › Rule 21-46.12 - Nursery Stock Viability Qualifications

Current through Register Vol. 47, No. 3, July 24, 2024
All nursery stock offered for sale or distribution, not meeting
				the following minimum indices of viability, shall be removed from public view
				and not offered for sale.
(1) Woody
			 stemmed deciduous stock shall have moist, green, cambium tissue in the stems
			 and branches and shall have viable buds or normal, green, imwilted growth.
			 Etiolated growth from individual buds shall be no more than four inches. In the
			 case of rose bushes, each stem must show moist, green, undamaged cambium in at
			 least the first six inches above the graft. Any single stem on a rose bush not
			 meeting this specification shall disqualify the entire plant; however, a bush
			 may be pruned to remove dead or damaged canes and the plant can then be sold at
			 the proper grade according to Standards of the American Association of
			 Nurserymen.
(2) Balled and
			 burlapped stock in addition to 46.12(1) above regarding aerial parts, shall
			 have unbroken earth balls of a size specified by the American Association of
			 Nurserymen's American Standard for Nursery Stock.
(3) Colored waxes or other materials used to
			 coat the aerial parts of plants that change the appearance of the plant surface
			 so as to prevent adequate inspection, are prohibited.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 46 - Crop Pests › Rule 21-46.13 - Certificates

Current through Register Vol. 47, No. 3, July 24, 2024
Certificates issued to nursery growers, nursery dealers or
				signees of Cornpliance agreements pertaining to regulated articles are
				nontransferable and are for the exclusive use of the one to whom they are
				issued. Certificates may be revoked by the state entomologist for a failure to
				Cornply with regulatory requirements.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 46 - Crop Pests › Rule 21-46.14 - Miscellaneous and Service Inspections

Current through Register Vol. 47, No. 3, July 24, 2024
Any person wanting to move plants or plant products to any
				destination outside of Iowa may apply to the state entomologist for inspection
				of the plants or plant products and certification as to the presence or absence
				of plant pests and diseases likely to prevent the acceptance of those plants or
				plant products at the destination. The application must be made as far in
				advance as possible. Upon receipt of the application, the state entomologist
				will arrange for the inspection to be made as early as conveniently practical.
				The plants or plant products to be inspected shall be assembled and held in
				such a manner as to enable a proper and adequate inspection to be made. If
				destination requirements regarding plant pests and diseases are met,
				certification can be made in accordance with Iowa Code section I77A.9. Fees for
				the inspection will be set to cover in full any expenses incurred by the state
				entomologist or authorized inspectors who made the inspection.
Any plants or plant parts capable of propagation, not
				classified as nursery stock, which originate outside the state, may be subj ect
				to inspection to determine whether those plants or plant parts are infested or
				infected with insect pests or diseases. If inspections reveal the presence of
				insect pests or diseases, such plants or plant parts will be treated or
				destroyed. If no infestations are discovered, a certification report may be
				issued by the inspector to the person offering the plants or plant parts for
				sale or movement. Inspection of these plants or plant parts shall be subject to
				the same rules and fees as nursery stock.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 46 - Crop Pests › Rule 21-46.15 - Insect Pests and Diseases

Current through Register Vol. 47, No. 3, July 24, 2024
To Cornply with Iowa Code section
				177A.5,
				there are listed below the insect pests and diseases which the state
				entomologist finds should be prevented from being introduced into or
				disseminated within Iowa, in order to safeguard the plants and plant products
				likely to beCorne infested or infected with such insect pests and
				diseases.
Insect pests: Asian gypsy moth
(Lymantria dispar dispar
				(Linnaeus))
Asian longhomed beetle
(Anoplophora
				glahripennis)
Blue alfalfa aphid
(Acyrthosiphon
				kondoi)
Emerald ash borer
(Agrilus planipennis)
European woodwasp
(Sirex noctilio)
Gypsy (European)
				moth
(Lymantria dispar)
Gypsy moth (European X
				Asian)
(Lymantria dispar x bybrid)
Khapra
				beetle
(Trogoderma granarium)
Rosy (pink) gypsy
				moth
(Lymantria mathura)
Viburnum leaf beetle
(Pyrrhalta
				vihurni)
Walnut twig beetle
(Pityophthorus Juglandis)
Diseases: Black stem rust of wheat
(Puccinia
				graminis)
Corn late wilt or black bundle disease of
				Corn
(Harpophora (Cephalosporium) maydis)
Oat cyst
				nematode
(Bidera avenae)
Golden nematode
(Globodera
				rostochiensis)
Corn cyst nematode
(Heterodera zeae)
Columbia root-knot nematode
(Meloidogyne chitwoodi)
Mexican
				corn cyst
(Punctodera chalcoensis)
Head smut of
				Corn
(Sphacelotheca reiliana)
Sudden oak
				death
(Pbytophthora ramorum)
Thousand cankers disease of black
				walnut
(Geosmithia,
sp.j White potato cyst
				nematode
(Globodera pallida)
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 46 - Crop Pests › Rule 21-46.16 - Firewood Labeling

Current through Register Vol. 47, No. 3, July 24, 2024
Every package of firewood oiTered for sale, sold or distributed
				must include the harvest location of the wood by county and state. The harvest
				location of wood sold in bulk must be included on the delivery ticket. These
				provisions apply to any length of tree that has been cut. A limited permit may
				be issued by the state entomologist, or a Cornpliance agreement may specify the
				regulations which would allow the movement of the wood. The limited permit or
				Cornpliance agreement is not transferable and may be revoked by the state
				entomologist for nonCornpliance or failure to Cornply with regulatory
				requirements.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 47 - Iowa Organic Program › Rule 21-47.1 - Iowa Organic Program

Current through Register Vol. 47, No. 3, July 24, 2024
The department adopts by reference 7 CFR 205 Subchapter
				M-Organic Foods Production Act Provisions (April 21, 2001) and the following
				additional provisions which shall hereby be referred to as the department's
				organic provisions.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 47 - Iowa Organic Program › Rule 21-47.3 - Drift

Current through Register Vol. 47, No. 3, July 24, 2024
The party in control of the site shall notify the department's
				organic program of suspected pesticide drift incidences onto certified organic
				land or land which is under consideration for organic certification. The
				department may require residue testing to make a determination regarding
				certification. In the case of drift, the affected party may file a complaint
				under Iowa Code section
				206.14
				with the department's pesticide bureau.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 47 - Iowa Organic Program › Rule 21-47.5 - Recognition

Current through Register Vol. 47, No. 3, July 24, 2024
For the promotion or sale of organic products, only those
				producers, handlers and processors certified as organic by the department are
				entitled to utilize the Iowa Organic Program seal attesting to state of Iowa
				organic certification.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 47 - Iowa Organic Program › Rule 21-47.6 - General Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
In order to receive and maintain organic certification from the
				department, producers, processors and handlers of organic agricultural products
				shall apply for organic certification with the department and submit all
				required materials; comply with Iowa Code chapter 190C and this chapter; permit
				the department to access the operation and all applicable records as deemed
				necessary; comply with all local, state and federal regulations applicable to
				the conduct of such business; and submit all applicable fees to the department
				pursuant to Iowa Code section
				190C.5(1)
				 and this chapter.
(1) Application for organic certification.
a. Application for certification shall be
			 completed and submitted with required application materials and fees to the
			 department on forms furnished by the department. Applications submitted to the
			 department after the published deadline date may be charged late fees for
			 application and inspection, and the processing of such applications may be
			 subject to delays or the applications may not be processed at all.
b. The applicant shall inform the department
			 of changes to the organic plan which may affect the conformity of the operation
			 to the certification standards at any time during the certification process and
			 after such certification is granted.
c. The certified party shall inform the
			 department of any changes in the organic plan, such as production changes or
			 intended modification to the product(s) or manufacturing process which may
			 affect the conformity of the operation to the certification
			 standards.
d. The certified party
			 shall keep a record of all complaints made known to that party relating to a
			 product's compliance with requirements to the relevant standard and shall make
			 these records available to the department upon request. The certified party
			 shall take appropriate action with respect to such complaints and any
			 deficiencies found in products or services that affect compliance with the
			 requirements for certification, and all such actions shall be documented and
			 available upon request by the department.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 47 - Iowa Organic Program › Rule 21-47.8 - Certification Agent

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 department shall serve as certification agent on behalf of and as authorized by
			 the secretary of agriculture pursuant to Iowa Code section
			 190C.3.
(2) Scope of certification. Contingent upon
			 USDA accreditation, the department may inspect and certify organic production
			 and handling operations located outside of the state. The intent of the
			 department is to facilitate continuity of certification services to Iowa-based
			 farms or businesses, or when the county in which the applicant resides is
			 contiguous to the state. Consideration may be given to other out-of-state
			 applicants.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 47 - Iowa Organic Program › Rule 21-47.9 - Fees

Current through Register Vol. 47, No. 3, July 24, 2024
Fees are established for application, inspection, and
				certification to support costs associated with activities necessary to
				administer this program pursuant to Iowa Code sections
				190C.5(1)
				 to
				190C.5(3).
				The applicant shall submit all fees to the department for the specific amount
				and at the appropriate time as specified in this rule. A schedule of
				application, inspection and certification fees shall be published by the
				department and disseminated with the application packet.
(1)
Application fee.
The
			 application fee shall accompany the application for certification. An
			 additional late fee shall accompany applications submitted after the published
			 deadline date.
(2)
Inspection fee.
An inspection fee shall be paid by all on-farm
			 production operations; on-farm processing operations; off-farm and nonfarm
			 processing operations; and handling operations. This fee covers the cost of
			 providing the inspection. A base inspection fee will be listed on the fee
			 schedule provided to each applicant; however, if the actual cost of the
			 inspection exceeds the amount listed, the applicant shall be required to pay
			 the balance.
a. An inspection fee shall be
			 assessed to the producer, processor or handler if additional inspections are
			 conducted due to the necessity of a follow-up inspection in the same year or
			 due to the inspection of distinct multiple production or processing
			 sites.
b. The inspection fee shall
			 be submitted after the application has been reviewed to determine that all
			 necessary documents have been provided.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 47 - Iowa Organic Program › Rule 21-47.10 - Compliance

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Enforcement and investigations.
The department and the
			 attorney general shall enforce Iowa Code chapter 190C and this chapter pursuant
			 to Iowa Code chapter 190C.
(2)
Complaints.
Any person may submit a written complaint to the
			 department regarding a suspected violation of Iowa Code chapter 190C and this
			 chapter pursuant to Iowa Code section
			 190C.22(2).
			 Such signed complaints shall be submitted on the required form provided by the
			 department upon request.
(3)
Inspection and testing, reporting and exclusion from sale
-
unscheduled inspection.
All parties making an organic claim
			 may be subject to an unscheduled on-site inspection, review of records and
			 sampling if deemed necessary by the department pursuant to Iowa Code sections
			 190C.22(3),
			 190C.22(4),
			 and
			 190C.24(1)
			  to verify compliance.
(4)
Adverse action appeal
			 process.
a.
Appeals.
Appeal procedures are established pursuant to Iowa
			 Code section
			 190C.3(6)
			  under 21-Chapter 2. The department may
			 receive and process appeals regarding organic certification to the extent
			 authorized by the national organic program. Procedures and restrictions
			 concerning the hearing of appeals shall apply.
b.
Written appeal.
Except as
			 specifically provided in the Iowa Code or elsewhere in the Iowa Administrative
			 Code, a person who wishes to appeal an action or proposed action of the
			 department which adversely affects the person shall file a written appeal with
			 the department within 30 calendar days of the action or notice of the intended
			 action. A written notice of appeal shall be considered filed on the date of the
			 postmark if the notice is mailed. The failure to file timely shall be deemed a
			 waiver of the right to appeal.
c.
Records.
Records of all appeals, complaints and disputes, and
			 remedial actions relative to certification shall be maintained by the
			 department for a minimum often years. Records shall include documentation of
			 appropriate subsequent action taken and its effectiveness.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 48 - Pesticide Advisory Committee › Rule 21-48.1 - Function

Current through Register Vol. 47, No. 3, July 24, 2024
The pesticide advisory Cornmittee was created by Iowa Code
				chapter 206 and is charged with the responsibility of assisting the secretary
				in obtaining scientific data and coordinating agricultural chemical regulatory,
				enforcement, research and educational functions of the state.
(1)
Organization and operation
			 location.
The pesticide advisory Cornmittee is located within the
			 Department of Agriculture and Land Stewardship, Henry A. Wallace Building, Des
			 Moines, Iowa 50319. The department's office hours are from 8 a.m. to 4:30 p.m.,
			 Monday through Friday.
(2)
Membership.
The pesticide advisory Cornmittee consists of nine
			 members as set forth in Iowa Code section
			 206.23.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 48 - Pesticide Advisory Committee › Rule 21-48.4 - Meetings

Current through Register Vol. 47, No. 3, July 24, 2024
The pesticide advisory Cornmittee meets amiually to elect a
				chairperson but may meet at other times as directed by the secretary or
				designee. Meetings may be called by the chairperson or on request by four
				members of the Cornmittee.
All Cornmittee meetings shall Cornply with Iowa Code chapter
				21. A quorum of two-thirds of the Cornmittee members must be present to
				transact business. Action by the Cornmittee requires a vote of a majority of
				those on the Cornmittee. Meetings follow Robert's Rules of Order. Minutes of
				each meeting are available from the Secretary of Agriculture, Department of
				Agriculture and Land Stewardship, Henry A. Wallace Building, Des Moines, Iowa
				50319.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 48 - Pesticide Advisory Committee › Rule 21-48.5 - Open Records

Current through Register Vol. 47, No. 3, July 24, 2024
All public records of the Cornmittee are available for public
				inspection during business hours. Requests to obtain records may be made by
				mail, by telephone or in person to the secretary's office, department of
				agriculture and land stewardship. Minutes of the Cornmittee meetings may be
				obtained without charge. Other records requiring more than five copies may be
				obtained upon payment of the actual cost for copying.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 48 - Pesticide Advisory Committee › Rule 21-48.7 - Review of Pesticide Applicator Instructional Course and Examination

Current through Register Vol. 47, No. 3, July 24, 2024
The pesticide advisory Cornmittee shall meet at least once
				annually to review pesticide applicator certification instructional courses and
				examinations. The purpose of the annual review is to discuss topics of current
				concern that may be incorporated in pesticide applicator instructional courses
				and appropriate examinations. The Cornmittee shall review and evaluate the
				various instructional programs recently conducted and reCornmend options to
				increase overall effectiveness.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 49 - Bulk Dry Animal Nutrients › Rule 21-49.2 - License

Current through Register Vol. 47, No. 3, July 24, 2024
A person who distributes a bulk dry animal nutrient product in
				this state must first obtain a license from the department. A license
				application must be submitted to the department, on a form furnished by the
				department, according to procedures required by the department. A license shall
				expire on July 1 of each even-numbered year following the date the license is
				issued. A license may be renewed for a two-year period as provided by the
				department. A person required to obtain a license shall pay the department a
				fee equal to $20 for each place from which the person distributes a bulk
				product in this state.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 49 - Bulk Dry Animal Nutrients › Rule 21-49.3 - Registration

Current through Register Vol. 47, No. 3, July 24, 2024
Each bulk dry animal nutrient shall be registered before being
				distributed in this state. The application for registration shall be submitted
				to the department on forms furnished by the department and shall be
				acCornpanied by a label which contains information as provided in Iowa Code
				section
				200A.6, subsection
				2, paragraphs
"a"
and
"b. "
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 49 - Bulk Dry Animal Nutrients › Rule 21-49.4 - Additional Plant Elements

Current through Register Vol. 47, No. 3, July 24, 2024
Additional plant food nutrients, besides nitrogen, phosphorus
				and potassium, when mentioned in any form or manner, shall be registered and
				shall be guaranteed. Guarantees shall be made on the elemental basis. The
				minimum percentages which will be accepted for registration are as
				follows:
Element
Percent
Calcium (Ca)
1.00
Magnesium (Mg)
0.50
Sulfur (S)
1.00
Boron (B)
0.02
Chlorine (CI)
0.10
Cobalt (Co)
0.0005
Copper (Cu)
0.05
Iron (Fe)
0.10
Manganese (Mn)
0.05
Molybdenum (Mo)
0.0005
Sodium (Na)
0.10
Zinc (Zn)
0.05
Guarantees or claims for the above-listed additional plant
				nutrients are the only ones which will be accepted. Proposed labels and
				directions for use shall be furnished with the application for registration.
				Any of the above-listed elements which are guaranteed shall appear in the order
				listed, immediately following guarantees for nitrogen, phosphorus and
				potassium. A warning statement is required on the label for any product which
				contains 0.03 or more boron in a water-soluble form or 0.001 percent or more of
				molybdenum. The statement shall carry the word "WARNING" in letters large
				enough to be conspicuous; it shall state the crops for which the bulk dry
				animal nutrient may be used and it shall state that use of the bulk dry animal
				nutrient on any other than those reCornmended may result in serious injury to
				the crops.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 49 - Bulk Dry Animal Nutrients › Rule 21-49.5 - Distribution Statement

Current through Register Vol. 47, No. 3, July 24, 2024
Any bulk dry animal nutrient distributed in this state must be
				acCornpanied by a form, furnished by the department, which contains all
				information required by Iowa Code section
				200A.7.
				The distribution statement must be provided to the purchaser before possession
				of bulk dry animal nutrient is transferred to the purchaser and receipt of the
				distribution statement must be acknowledged by signature or initials of the
				purchaser. The distributor shall maintain a copy of the distribution statement
				for one year.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 49 - Bulk Dry Animal Nutrients › Rule 21-49.6 - Distribution Reports

Current through Register Vol. 47, No. 3, July 24, 2024
Any person required to be licensed to distribute bulk dry
				animal nutrients in this state shall file distribution reports on forms
				furnished by the department as required by Iowa Code section
				200A.8.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 49 - Bulk Dry Animal Nutrients › Rule 21-49.7 - Storage of Bulk Dry Animal Nutrients

Current through Register Vol. 47, No. 3, July 24, 2024
A distributor storing bulk dry animal nutrients shall meet the
				following storage requirements:
1.
			 Bulk dry animal nutrients shall not be stored in a manner which pollutes the
			 waters of the state.
2. Bulk dry
			 animal nutrients shall not be stored in a grassed waterway.
3. Bulk dry animal nutrients shall not be
			 stored on ground with a slope of greater than class "B" as defined in the
			 county soil survey.
4. Bulk dry
			 animal nutrients shall not be stored within 200 feet of a shallow private water
			 supply well.
5. Bulk dry animal
			 nutrients shall not be stored within 100 feet of a deep water supply
			 well.
6. Bulk dry animal nutrients
			 shall not be stored within 500 feet of a surface intake, wellhead or cistern of
			 agricultural drainage wells, known sinkholes or major water sources.
7. Bulk dry animal nutrients shall not be
			 stored within 400 feet of water sources other than major water sources
			 (excluding farm ponds, privately owned lakes or when a secondary containment
			 barrier is provided).
8. Bulk dry
			 animal nutrients shall not be stored within 500 feet of a residence, business,
			 church, school, or public use area, unless the titleholder of the residence,
			 business, church, school, or public use area executes a written waiver with the
			 titleholder of the land where the bulk dry animal nutrients are
			 stored.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 49 - Bulk Dry Animal Nutrients › Rule 21-49.8 - Manure Management Plans

Current through Register Vol. 47, No. 3, July 24, 2024
Distributors of bulk dry animal nutrients who are confinement
				feeding operations must Cornply with rules
				567-65.16
				(455B) and 65.17(455B) and 567-paragraph 65.3(3)
"g."
For the
				volume of bulk dry animal nutrients to be sold or removed from control of the
				distributor, the requirements of rules
				567-65.16
				(455B) and 65.17(455B) and 567-paragraph 65.3(3)
"g"
shall be
				deemed to have been met when a distributor notifies in writing the department
				of natural resources.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 50 - Women, Infants, and Children/farmers' Market Nutrition Program and Senior Farmers' Market Nutrition Program › Rule 21-50.1 - Authority and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter establishes procedures to govern the
				administration of a farmers' market special supplemental food program by the
				department of agriculture and land stewardship for implementing the applicable
				agreement and guidelines set forth by the United States Department of
				Agriculture, Food and Nutrition Service Agreement, in accordance with Iowa Code
				chapter 175B.
Information may be obtained by contacting the Agricultural
				Diversification and Market Development Bureau, Iowa Department of Agriculture
				and Land Stewardship, Wallace State Office Building, Des Moines, Iowa 50319,
				telephone 515.281.5321.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 50 - Women, Infants, and Children/farmers' Market Nutrition Program and Senior Farmers' Market Nutrition Program › Rule 21-50.2 - Severability

Current through Register Vol. 47, No. 3, July 24, 2024
If any provision of a rule or the application thereof to any
				person or circumstance is held invalid, the invalidity does not affect other
				provisions or applications of the rule that can be given effect without the
				invalid provision or application, and, to this end, the provisions of these
				rules are severable.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 50 - Women, Infants, and Children/farmers' Market Nutrition Program and Senior Farmers' Market Nutrition Program › Rule 21-50.4 - Administration and Agreements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The program
			 shall be administered by the secretary or by the secretary's
			 designee.
(2) The department shall
			 maintain all conditions as outlined in the farmers' market nutrition
			 program/senior farmers' market nutrition program state plan submitted to
			 USDA-FNS.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 50 - Women, Infants, and Children/farmers' Market Nutrition Program and Senior Farmers' Market Nutrition Program › Rule 21-50.5 - Distribution of Benefits

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Iowa department
			 of health and human services WIC client screening processes and records shall
			 provide the basis for identifying recipients eligible for receipt of WIC FMNP
			 vouchers. The department may contract with local agencies to certify eligible
			 recipients and distribute SFMNP vouchers. Senior recipient eligibility criteria
			 shall conform to Part 249.6 of Subpart C of Title 7 Code of Federal Regulations
			 as of May 26, 2005.
(2) Local
			 agencies shall distribute vouchers to recipients in the manner specified by the
			 department in the procedures guide. Local agency services shall include, but
			 not be limited to, ensuring that:
a. Each
			 recipient is issued vouchers during each distribution as authorized by the
			 department.
b. The voucher serial
			 numbers issued to the recipient correspond to the numbers in the distribution
			 registry.
c. A proxy is allowed to
			 act on behalf of a recipient.
d.
			 Each recipient is provided a thorough explanation of program guidelines and
			 recipient responsibility as outlined by the department.
e. All Iowa FMNP support materials are put
			 into use as outlined by the department.
f. Accurate and complete records of all
			 related Iowa FMNP activities in the possession of a local agency are maintained
			 and retained for a minimum of three years following the date of submission of
			 the final expenditure report for the period to which the report pertains. In
			 the event of litigation or audit findings, the records shall be retained until
			 all issues arising from such actions have been resolved or until the end of the
			 prescribed retention period, whichever is later.
g. All agency records pertaining to this
			 program are made available for inspection to representatives of USDA, the
			 Comptroller General of the United States, the state auditor, the department,
			 and other agencies working under contract with the department as necessary, at
			 any time during normal business hours, and as frequently as is deemed necessary
			 for inspection and audit. Otherwise, confidentiality of personal information on
			 all recipients participating in the program shall be maintained at all
			 times.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 50 - Women, Infants, and Children/farmers' Market Nutrition Program and Senior Farmers' Market Nutrition Program › Rule 21-50.6 - Recipient Responsibilities

Current through Register Vol. 47, No. 3, July 24, 2024
Recipients shall be responsible for, but not limited to, all of
				the following:
1. Qualifying under
			 Iowa FMNP guidelines.
2. Ensuring
			 that the certified vendor is present when exchanging vouchers for eligible
			 foods and surrendering voucher(s) to the certified vendor at the time of
			 use.
3. Using vouchers only to
			 purchase eligible foods from certified vendors who display certified vendor
			 identification signs at authorized farmers' markets/farmstands.
4. Redeeming vouchers on or before the
			 expiration date printed on the face of the voucher, or surrendering all claim
			 to the value of vouchers that remain unredeemed.
5. Ensuring vouchers received are not
			 assigned to any other party other than to a proxy.
6. Reporting violations or problems to the
			 department or the local agency.
7.
			 Reporting all incidents of lost or stolen vouchers to the local
			 agency.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 50 - Women, Infants, and Children/farmers' Market Nutrition Program and Senior Farmers' Market Nutrition Program › Rule 21-50.7 - Recipient Noncompliance Sanctions

Current through Register Vol. 47, No. 3, July 24, 2024
Sanctions for violations of Iowa FMNP procedures and rules
				applicable to an Iowa FMNP recipient are based on the severity and nature of
				the violations observed and the recipient's history of violations.
(1) A warning may be the sanction for minor
			 violations such as, but not limited to:
a.
			 Failing to ensure the certified vendor is present when exchanging vouchers for
			 eligible foods.
b. Purchasing
			 eligible foods from noncertified vendors.
c. Purchasing eligible foods from certified
			 vendors not displaying a certified vendor identification sign or not at an
			 authorized farmers' market/farmstand/CSA.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 50 - Women, Infants, and Children/farmers' Market Nutrition Program and Senior Farmers' Market Nutrition Program › Rule 21-50.8 - Farmers' Market, Farmstand, and Community Supported Agriculture (CSA) Authorization

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Authorized
			 farmers' markets shall:
a. Annually submit an
			 application for farmers' market authorization in a manner outlined by the
			 department. The application shall be submitted by a representative with the
			 legal authority to obligate the farmers' market and serve as evidence of
			 willingness by a person(s) associated with the farmers' market to implement all
			 Iowa FMNP requirements.
b. Have a
			 minimum of three eligible certified vendors or certified vendor applicants
			 participate in the farmers' market for at least nine consecutive weeks. The
			 names of these three vendors shall be included in the application for
			 authorization.
c. Maintain posted
			 hours and days of operation throughout the season, specifically detailed to
			 cover any anticipated fluctuations in operations over the season.
d. Actively operate for at least two hours on
			 the same day, on at least a biweekly basis, for at least nine consecutive
			 weeks, except that pop-up farmers' markets managed by or with the support of an
			 authorized farmers' market may operate less frequently and for less than two
			 hours. For example, an authorized market operates at the county fair for a
			 single day. An application for authorization must be submitted by the pop-up
			 market and must demonstrate shared management with, or a letter of support
			 from, the primary authorized farmer's market.
e. Maintain accessibility and consistency of
			 the farmers' market site throughout the season.
f. Notify the department if the farmers'
			 market changes the posted hours and days of operation prior to the end of the
			 authorization period.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 50 - Women, Infants, and Children/farmers' Market Nutrition Program and Senior Farmers' Market Nutrition Program › Rule 21-50.9 - Vendor Certification and Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Vendor
			 certification shall not be in effect and vouchers shall not be accepted until
			 the applicant receives a certified vendor identification sign and a notice of
			 certification.
(2) Vendor
			 certification expires at the end of each year of issuance. Individuals must
			 annually apply for and receive vendor certification in order to participate in
			 Iowa FMNP.
(3) The department does
			 not limit the number of vendors who may become certified under Iowa
			 FMNP.
(4) The department issues a
			 single certified vendor number for each separate and distinct agricultural
			 operation.
(5) To be eligible to
			 apply for certification, a vendor must:
a.
			 Reside and grow eligible foods within Iowa or in a neighboring state in a
			 county adjacent to Iowa's border.
b. Be at least 18 years of age or
			 older.
c. Participate in training
			 on Iowa FMNP rules and procedures conducted by department staff in a manner and
			 frequency specified by the department.
d. Submit a vendor/department agreement
			 signed by a representative with legal authority to obligate the vendor or
			 agricultural operation. Agreements may not exceed three years.
e. Indicate an intent to participate in one
			 or more authorized farmers' markets/farmstands.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 50 - Women, Infants, and Children/farmers' Market Nutrition Program and Senior Farmers' Market Nutrition Program › Rule 21-50.10 - Certified Vendor Obligations

Current through Register Vol. 47, No. 3, July 24, 2024
A certified vendor shall be responsible for, at a minimum, all
				of the following:
(1) Beginning each
			 market day with at least 20 percent of all products for sale or display in a
			 certified vendor stall as eligible foods, having personally grown a majority of
			 the eligible foods for sale or display.
a.
			 When eligible foods are purchased for resale from another producer or
			 wholesaler, the certified vendor must maintain valid receipts containing the
			 following information: the name, address and telephone number of the
			 producer/wholesaler; date of purchase; location of the growing site; and
			 quantity purchased, itemized by product type. These receipts must be maintained
			 for at least two years from the date of purchase and presented to the
			 department upon request.
b. When
			 nonlocally grown fresh unprepared produce or honey is for sale or display, the
			 certified vendor must display prominent signage declaring the state the product
			 was grown and the statement "not eligible for WIC and Senior
			 FMNP".
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 50 - Women, Infants, and Children/farmers' Market Nutrition Program and Senior Farmers' Market Nutrition Program › Rule 21-50.11 - Certified Vendor Noncompliance Sanctions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A warning may
			 be the sanction for minor violations such as, but not limited to:
a. Failing to appropriately display the
			 certified vendor sign with the current year certification sticker.
b. Conducting Iowa FMNP transactions at
			 locations not authorized by the department or at times other than the posted
			 hours and days for an authorized location.
c. Conducting Iowa FMNP transactions with an
			 expired certification.
Iowa Administrative Code › Agency 21 - Agriculture and Land Stewardship Department › Chapter 50 - Women, Infants, and Children/farmers' Market Nutrition Program and Senior Farmers' Market Nutrition Program › Rule 21-50.12 - Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
A certified vendor who wishes to appeal a sanction made by the
				department that resulted in a suspension or disqualification may make a written
				request for administrative appeal to the department's Iowa FMNP director. This
				appeal must be made within 15 days of receipt of sanction notification by the
				certified vendor. The provisions of 21-Chapter 2 shall be applicable to an
				appeal except as otherwise provided in this chapter. The farmer/farmers'
				market/CSA program has the right to appeal a denial of an application to
				participate. Expiration of a contract or agreement shall not be subject to
				appeal.