Section 177A.1 – Short title.

177A.1 Short title. This chapter shall be known by the short title of “The Iowa Crop Pest Act”. [C27, 31, 35, §4062-b1; C39, §4062.01; C46, 50, 54, 58, 62, 66, 71, 73, §267.1; C75, 77, 79, 81, §177A.1]

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 […]

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 […]

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 […]

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 […]

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 […]

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, […]

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, […]

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 […]

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 […]

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 […]

Section 177A.2 – Definitions.

177A.2 Definitions. 1. As used in this chapter, unless the context otherwise requires, “book”, “list”, “record”, or “schedule” kept by a county auditor, assessor, treasurer, recorder, sheriff, or other county officer means the county system as defined in section 445.1. 2. For the purposes of this chapter, the following terms shall be construed, respectively, to […]

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 […]

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, […]

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]

Section 177A.3 – State entomologist.

177A.3 State entomologist. There is hereby created and established within the department of agriculture and land stewardship the office of state entomologist. The state entomologist shall be appointed by, responsible to and under the authority of the secretary of agriculture in the issuance of all rules, the establishment of quarantines and other official acts. The […]

Section 177A.4 – Employees — expenses.

177A.4 Employees — expenses. For the purpose of carrying out the provisions of this chapter, the state entomologist with the approval of the secretary of agriculture shall employ, prescribe the duties of, and fix the compensation of, such inspectors, and other employees as needed and incur such expenses as may be necessary, within the limits […]

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 […]

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 […]

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 […]