§ 190C.22 — Investigations, complaints, inspections, and examinations

Iowa § 190C.22

• Jurisdiction: Iowa
• Title V: AGRICULTURE
• Ch. 190C: ORGANIC AGRICULTURAL PRODUCTS

Text

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 department may receive a complaint from any person regarding a violation
of this chapter. The department shall adopt procedures for persons filing complaints.
The department shall establish procedures for processing complaints including requiring
minimum information to determine the verifiability of a complaint.
2. The department may conduct inspections at times and places and to an extent that
the department determines necessary in order to conclude whether there is a violation of
this chapter. The department may enter upon any public or private premises during regular
business hours in a manner consistent with the laws of this state and the United States,
includingArticleI,section8,oftheConstitutionoftheStateofIowa,orthefourthamendment
to the Constitution of the United States for purposes of carrying out an inspection.
3. The department may conduct examinations of agricultural products in order to
determine if the agricultural products are in compliance with this chapter. Unless the
national organic program otherwise requires, all of the following shall apply:
a. The methods for examination shall be the official methods adopted by the association
of official agricultural chemists in all cases where methods have been adopted by the
association.
b. A sworn statement by the bureau chief of the Iowa laboratory bureau or the bureau
5 ORGANIC AGRICULTURAL PRODUCTS, §190C.26
chief’s deputy stating the results of an analysis of a sample taken from a lot of agricultural
products shall constitute prima facie evidence of the correctness of the analysis of that lot in
a contested case proceeding or court proceeding.