Section 206.1 – Title.

206.1 Title. This chapter shall be known and may be cited as the “Pesticide Act of Iowa”. [C66, 71, 73, 75, 77, 79, 81, §206.1]

Section 206.10 – License renewals — delinquent fee.

206.10 License renewals — delinquent fee. 1. If the application for renewal of a license provided for in this chapter is not filed prior to the first of January in any year, a delinquent fee of twenty-five percent shall be assessed and added to the original fee and shall be paid by the applicant before […]

Section 206.11 – Distribution or sale of pesticides.

206.11 Distribution or sale of pesticides. 1. It shall be unlawful for any person to distribute, give, sell, or offer for sale within this state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any of the following: a. Any pesticide which has […]

Section 206.12 – Registration.

206.12 Registration. 1. Every pesticide which is distributed, sold, or offered for sale for use within this state or delivered for transportation or transported in intrastate commerce between points within the state through any point outside this state shall be registered with the department of agriculture and land stewardship. All registration of products shall expire […]

Section 206.13 – Evidence of financial responsibility required by commercial applicator.

206.13 Evidence of financial responsibility required by commercial applicator. 1. The department shall not issue a commercial applicator’s license as required in section 206.6 until the applicant has furnished evidence of financial responsibility with the department. The evidence of financial responsibility shall consist of a surety bond, a liability insurance policy, or an irrevocable letter […]

Section 206.14 – Reports of pesticide accidents, incidents or loss.

206.14 Reports of pesticide accidents, incidents or loss. 1. The secretary may by rule require the reporting of significant pesticide accidents or incidents to a designated state agency. 2. Any person claiming damages from a pesticide application shall have filed with the secretary on a form prescribed by the secretary a written statement claiming that […]

Section 206.15 – Licensee to keep records.

206.15 Licensee to keep records. The secretary shall require commercial applicators and certified commercial applicators to maintain records with respect to application of pesticides. Such relevant information as the secretary may deem necessary may be specified by regulation. Such records shall be kept for a period of three years from the date of the application […]

Section 206.16 – Confiscation.

206.16 Confiscation. 1. Any pesticide or device that is distributed, sold, or offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state shall be liable to be proceeded against in any district court in any county of the […]

Section 206.17 – Reciprocal agreement.

206.17 Reciprocal agreement. The secretary may waive all or part of the examination requirements provided for in sections 206.6 and 206.7 on a reciprocal basis with any other state which has substantially the same standards. [C75, 77, 79, 81, §206.17]

Section 206.18 – Exception to penalties.

206.18 Exception to penalties. 1. The penalties provided for violations of section 206.11, subsection 1, shall not apply to: a. Any carrier while lawfully engaged in transporting a pesticide within this state, if such carrier shall, upon request, permit the secretary or the secretary’s designated agent to copy all records showing the transactions in and […]

Section 206.19 – Rules.

206.19 Rules. The department shall, by rule, after public hearing following due notice: 1. Declare as a pest any form of plant or animal life or virus which is unduly injurious to plants, humans, domestic animals, articles, or substances. 2. Determine the proper use of pesticides including but not limited to their formulations, times and […]

Section 206.2 – Definitions.

206.2 Definitions. When used in this chapter: 1. “Active ingredient” means: a. In the case of a pesticide other than a plant growth regulator, defoliant or desiccant, an ingredient which will prevent, destroy, repel, or mitigate insects, nematodes, fungi, rodents, weeds, or other pests. b. In the case of a plant growth regulator, an ingredient […]

Section 206.20 – Restricted use pesticides classified.

206.20 Restricted use pesticides classified. The secretary shall determine, by rule, the pesticides to be classified as restricted use pesticides. In determining these rules the secretary shall take into consideration the pesticides classified as restricted use by the United States environmental protection agency and is authorized to adopt by reference these classifications. [C75, 77, 79, […]

Section 206.21 – Secretary of agriculture — duties.

206.21 Secretary of agriculture — duties. 1. The secretary is authorized, after public hearing following due notice, to make appropriate rules for carrying out the provisions of this chapter, including rules providing for the collection and chemical examination of samples of pesticides or devices. 2. a. The secretary, including the secretary’s authorized agents, inspectors, or […]

Section 206.22 – Penalties.

206.22 Penalties. 1. Any person violating section 206.11, subsection 1, paragraph “a”, shall be guilty of a simple misdemeanor. 2. Any person violating any provision of this chapter other than section 206.11, subsection 1, paragraph “a”, or section 206.7A shall be guilty of a serious misdemeanor; provided, that any offense committed more than five years […]

Section 206.23 – Advisory committee created — duties.

206.23 Advisory committee created — duties. 1. An advisory committee to the secretary is created. The advisory committee shall have the following members: a. The dean, college of veterinary medicine, Iowa state university of science and technology, or the dean’s designee; b. The dean, university of Iowa college of medicine, or the dean’s designee; c. […]

Section 206.23A – Commercial pesticide applicator peer review panel.

206.23A Commercial pesticide applicator peer review panel. 1. The department shall establish a commercial pesticide applicator peer review panel to assist the department in assessing or collecting a civil penalty pursuant to section 206.19. The secretary shall appoint the following members: a. A person actively engaged in the business of applying pesticides by use of […]

Section 206.23B – Private pesticide applicator peer review panel.

206.23B Private pesticide applicator peer review panel. 1. The department shall establish a private pesticide applicator peer review panel to assist the department in assessing or collecting a civil penalty pursuant to section 206.19. The secretary shall appoint five members, including three certified private applicators and two members of the public who have not been […]

Section 206.24 – Agricultural initiative.

206.24 Agricultural initiative. 1. A program of education and demonstration in the area of the agricultural use of fertilizers and pesticides shall be initiated by the secretary of agriculture. The secretary shall coordinate the activities of the state regarding this program. 2. Education and demonstration programs shall promote the widespread adoption of management practices which […]

Section 206.25 – Pesticide containers disposal.

206.25 Pesticide containers disposal. The department of agriculture and land stewardship, in cooperation with the department of natural resources, shall develop a program for handling used pesticide containers which reflects the state solid waste management policy. 87 Acts, ch 225, §227; 2002 Acts, ch 1162, §37