Section 199.16 – Permit holder’s bond.
199.16 Permit holder’s bond. It is unlawful for the permit holder to enter into a contract with a grower who purchases agricultural seed in which the permit holder agrees to repurchase the seed crop produced from the purchased seed at a price in excess of the current market price, unless the permit holder has on […]
Section 199.17 – Records and seed samples.
199.17 Records and seed samples. A person whose name appears on the label as handling agricultural or vegetable seed subject to this chapter shall keep for a period of two years complete records of each lot of agricultural or vegetable seed handled and shall keep for one year a file sample of each lot of […]
Section 199.8 – Prohibited acts.
199.8 Prohibited acts. 1. It is unlawful for a person to sell, transport, offer for sale, expose for sale, or advertise an agricultural or vegetable seed: a. Unless the test to determine the percentage of germination as required by this chapter has been completed within nine months, excluding the month of the test, immediately prior […]
Section 199.9 – Exemptions.
199.9 Exemptions. 1. Sections 199.3 and 199.8 do not apply to: a. Seed or grain not intended for sowing purposes. b. Seed in storage in, or consigned to, or for sale to, a seed cleaning or conditioning establishment for cleaning or conditioning; provided that any labeling or other representation which is made with respect to […]
Section 199.10 – Testing methods — cooperation of facilities.
199.10 Testing methods — cooperation of facilities. 1. Testing methods when seed is for sale. Seed lots of all kinds of agricultural seed intended for sale in this state shall be tested in accordance with the association of official seed analysts’ rules for testing seed or the regulations under the Federal Seed Act. The tests […]
Section 199.11 – Authority of the department.
199.11 Authority of the department. 1. For the purpose of carrying out the provisions of this chapter, the department shall do all of the following: a. Sample, inspect, analyze, and test agricultural seed, if the agricultural seed is transported, sold, offered, or exposed for sale within this state for sowing. The department shall perform these […]
Section 199.12 – Seizure of unlawful seed.
199.12 Seizure of unlawful seed. Upon the recommendation of the secretary or the secretary’s duly authorized agents, the court of competent jurisdiction in the area in which the seed is located shall cause the seizure and subsequent denaturing, conditioning, or destruction to prevent the use for sowing purposes of any lot of agricultural seed found […]
Section 199.13 – Penalty.
199.13 Penalty. A violation of this chapter is a simple misdemeanor. The department may institute criminal or civil proceedings in a court of competent jurisdiction to enforce this chapter. When in the performance of the secretary’s duties in enforcing this chapter the secretary applies to a court for a temporary or permanent injunction restraining a […]
Section 199.13A – Local legislation — prohibition.
199.13A Local legislation — prohibition. 1. The provisions of this chapter and rules adopted by the department pursuant to this chapter shall preempt local legislation adopted by a local governmental entity relating to the production, use, advertising, sale, distribution, storage, transportation, formulation, packaging, labeling, certification, or registration of an agricultural seed. A local governmental entity […]
Section 199.14 – Enforcement.
199.14 Enforcement. It shall be the duty of the secretary of agriculture, and the secretary’s agents, to enforce this chapter and of the county attorneys and of the attorney general of the state to cooperate with the secretary in the enforcement of this chapter. [C35, §3137-g4; C39, §3137.6; C46, 50, 54, 58, 62, 66, 71, […]