189.1 Definitions. For the purpose of this subtitle, unless the context otherwise requires: 1. “Article” means food, commercial feed, agricultural seed, commercial fertilizer, drug, pesticide, hemp or a hemp product, and paint, in the sense in which they are defined in the various provisions of this subtitle. 2. “Department” means the department of agriculture and […]
189.10 Packages excepted. Repealed by 2020 Acts, ch 1063, §389.
189.11 Labeling of mixtures — federal requirements. 1. In addition to the requirements of section 189.9, unless otherwise provided, articles which are mixtures, compounds, combinations, blends, or imitations shall be marked as such and immediately followed, without any intervening matter and in the same size and style of type, by the names of all the […]
189.12 Trade formulas. Nothing in section 189.11 shall be construed as requiring the printing of a patented or proprietary trade formula on a label. [S13, §5077-a7; SS15, §4999-a31c; C24, 27, 31, 35, 39, §3040; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §189.12] Referred to in §191.1, 191.2, 196.10, 210.18
189.13 False labels — defacement. A person shall not use any label required by this subtitle which bears any representations of any kind which are deceptive as to the true character of the article or the place of its production, or which has been carelessly printed or marked, nor shall any person erase or deface […]
189.14 Mislabeled articles. 1. A person shall not knowingly introduce into this state, solicit orders for, deliver, transport, or have in possession with intent to sell, any article which is labeled in any other manner than that prescribed by this subtitle for the label of the article when offered or exposed for sale, or sold […]
189.15 Adulterated articles. A person shall not knowingly manufacture, introduce into the state, solicit orders for, sell, deliver, transport, have in possession with the intent to sell, or offer or expose for sale, any article which is adulterated according to the provisions of this subtitle. [C73, §3901, 4042; C97, §2508, 2516, 4989 – 4991; S13, […]
189.16 Possession and control of adulterated and improperly labeled articles. 1. Except as provided in subsection 2, a person in possession or having control of an article which is adulterated or which is improperly labeled according to the provisions of this subtitle shall be presumed to know that the article is adulterated or improperly labeled. […]
189.17 Confiscation or condemnation. Unless a procedure or method of seizure and confiscation or condemnation is otherwise provided, the secretary is authorized to prohibit the entrance into channels of commerce or possession of any article found to be adulterated or improperly labeled according to the provisions of this subchapter or rules adopted pursuant to this […]
189.18 Wrongful condemnation — restitution. A party whose article, item, commodity or product is wrongfully condemned or seized shall be entitled to maintain a cause of action against the state of Iowa, for the damage proximately caused by the wrongful condemnation or seizure. Such cause of action shall be a claim as defined in chapter […]
189.19 Licenses. The following provisions apply to all licenses issued or authorized under this subtitle: 1. Applications. Applications for licenses shall be made upon blanks furnished by the department and shall conform to the prescribed rules of the department. 2. Refusal and revocation. For good and sufficient grounds the department may refuse to grant a […]
189.2 Duties. The department shall do all of the following: 1. Execute and enforce this subtitle. 2. Adopt all necessary rules, not inconsistent with law, for enforcing the provisions of this subtitle. 3. Provide educational measures and exhibits, and conduct educational campaigns as are deemed advisable in fostering and promoting the production and sale of […]
189.20 Injunction. Any person engaging in any business for which a license is required by this subtitle, without obtaining such license, may be restrained by injunction, and shall pay all costs made necessary by such procedure. [C24, 27, 31, 35, 39, §3046; C46, 50, 54, 58, 62, 66, §189.18; C71, 73, 75, 77, 79, 81, […]
189.21 Penalty. Unless otherwise provided, any person violating any provision of this subtitle or any rule adopted by the department pursuant to such a provision, is guilty of a simple misdemeanor. [C73, §2068, 3901; C97, §2508, 2527, 2592, 2594, 3029, 5070; S13, §2508, 2510-2a, -h, -j, -u, -v5, 2515-g, 2522, 2528-c, -f3, 2596-b, 4989-b, 4999-a25, […]
189.22 May charge more than one offense. In any criminal proceeding brought for violation of this subtitle, an information or indictment may charge as many offenses as it appears have been committed, and the defendant may be convicted of any or all of the offenses. [C24, 27, 31, 35, 39, §3048; C46, 50, 54, 58, […]
189.23 Common carrier. The penalties provided in this subtitle shall not be imposed upon any common carrier for introducing into the state, or having in its possession, any article which is adulterated or improperly labeled according to the provisions of this subtitle, when the same was received by the carrier for transportation in the ordinary […]
189.24 Report of violations. When it appears that any of the provisions of this subtitle have been violated, the department may certify the facts to the proper county attorney. The certification shall be accompanied with a copy of the results of any analysis, examination, or inspection the department may have made, duly authenticated by the […]
189.25 County attorney. The county attorney may at once institute the proper proceedings for the enforcement of the penalties provided in this subtitle for the violations. [C97, §4998; S13, §2596-c, 4999-a19; C24, 27, 31, 35, 39, §3051; C46, 50, 54, 58, 62, 66, §189.23; C71, 73, 75, 77, 79, 81, §189.25] 94 Acts, ch 1023, […]
189.26 Refusal to act. If the county attorney refuses to act, the governor may, in the governor’s discretion, appoint an attorney to represent the state. [S13, §4999-a19; C24, 27, 31, 35, 39, §3052; C46, 50, 54, 58, 62, 66, §189.24; C71, 73, 75, 77, 79, 81, §189.26]
189.27 Institution of proceedings. In any case when it appears that any of the provisions of this subtitle have been violated, the inspector having the investigation in charge shall, when instructed by the department, file an information against the suspected party. [C24, 27, 31, 35, 39, §3053; C46, 50, 54, 58, 62, 66, §189.25; C71, […]
