190C.1 Definitions. As used in this chapter, unless the context otherwise requires: 1. “Agricultural product” means any agricultural commodity or product, whether raw or processed, including any commodity or product derived from livestock, that is marketed in this state for human or livestock consumption. 2. “Council” means the organic advisory council established pursuant to section […]
190C.12 Repealed by 2003 Acts, ch 104, §20, 21 .
190C.13 Repealed by 2003 Acts, ch 104, §20, 21 .
190C.14 Repealed by 2003 Acts, ch 104, §20, 21 .
190C.15 Repealed by 2003 Acts, ch 104, §20, 21 .
190C.1A Other definitions. For purposes of this chapter, words and phrases that are not defined in section 190C.1 shall have the same meanings as provided in 7 C.F.R. pt. 205 . 2003 Acts, ch 104, §2, 21
190C.1B General authority. Any provision in this chapter referring generally to compliance with the requirements of this chapter also includes compliance with requirements in rules adopted by the department pursuant to this chapter, orders issued by the department as authorized under this chapter, and the terms and conditions applicable to any certification made pursuant to […]
190C.2 Organic products — advisory council. 1. An organic advisory council is established within the department. The council is composed of eleven members appointed by the governor and secretary, as provided in this section. The governor and secretary shall accept nominations from persons or organizations representing persons who serve on the council, as determined by […]
190C.21 General enforcement. 1. The department acting as a state certifying agent and on behalf of the secretary who elects to act as the state organic program’s governing state official shall enforce this chapter. 2. To the extent authorized by the national organic program, the attorney general shall assist the department in enforcing this chapter. […]
190C.22 Investigations, complaints, inspections, and examinations. In enforcing the provisions of this chapter consistent with the national organic program, the department may conduct an investigation to determine if a person is complying with the requirements of this chapter. To the extent consistent with the national organic program, all of the following shall apply: 1. The […]
190C.23 Disciplinary action. 1. The department may take disciplinary action against a person who is certified pursuant to this chapter for noncompliance with a provision of this chapter or a willful violation of this chapter. The procedures of the disciplinary action shall be consistent with the national organic program. The disciplinary action shall proceed as […]
190C.24 Stop sale order. Unless prohibited by the national organic program, the department may issue a stop order to a person who sells, labels, or represents an agricultural product as organic in violation of this chapter. 1. The department may issue a written order to stop the sale of the agricultural product by a person […]
190C.25 Injunctions. Unless prohibited by the national organic program, the department, the attorney general, an individual, a private organization or association, a county, or a city may bring an action in district court to restrain a producer, handler, or retailer from selling an agricultural product by false or misleading advertising claiming that the agricultural product […]
190C.26 Selling, labeling, or representing agricultural products as organic — penalties. A person shall not knowingly sell, label, or represent an agricultural product as organic, except in accordance with this chapter. A person who violates this section shall be subject to a civil penalty of not more than ten thousand dollars. Civil penalties shall be […]
190C.2A Duties of the council. The organic advisory council shall assist the department in implementing and administering the provisions of this chapter as requested by the department. Upon request by the department, the council shall do all of the following: 1. Develop rules, policies, and procedures required to implement and administer this chapter. 2. Collect […]
190C.2B Establishment and implementation of this chapter. 1. The department shall implement and administer the provisions of this chapter for agricultural products that have been produced and handled within this state using organic methods as provided in this chapter. The department may consult with the council in implementing and administering this chapter. The department may […]
190C.3 Duties and powers of the department. In implementing the provisions of this chapter consistent with the national organic program, the department shall provide for the administration and enforcement of this chapter, including by adopting rules and issuing orders pursuant to chapter 17A. The department may adopt any part of the national organic program by […]
190C.4 Administrative authority. Repealed by 2003 Acts, ch 104, §20, 21 . See §190C.3.
190C.5 State fees — deposit into general fund of the state. 1. The department acting as a state certifying agent shall establish a schedule of fees by rule. a. The department shall establish the rate of fees based on an estimate of the amount of revenues from the fees required by the department to administer […]
190C.6 Regional organic associations. 1. Regional organic associations may be established as provided in this section. A regional organic association must be organized as a corporation under chapter 504 which has certified members, elects its own officers and directors, and is independent from the department. 2. The department may authorize a regional organic association to […]
