This text of Iowa § 200A.12 (Enforcement) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
In enforcing this chapter the department may do any of the following:
1. a. Take disciplinary action concerning a registration of a bulk dry animal nutrient
product as provided in section 200A.6 or the license of a person distributing a bulk product
as provided in section 200A.5. The department may do any of the following:
(1)Cancel the registration or deny an application for registration.
(2)Suspend or terminate the license or deny an application for a license.
b. Thedisciplinaryactionmustbebaseduponevidencesatisfactorytothedepartmentthat
the registrant, licensee, or applicant has used fraudulent or deceptive practices in violation
of this chapter or has willfully disregarded the requirements of this chapter.
2. Issue and enforce a “stop sale, use, or removal” order against the owner or
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In enforcing this chapter the department may do any of the following:
1. a. Take disciplinary action concerning a registration of a bulk dry animal nutrient
product as provided in section 200A.6 or the license of a person distributing a bulk product
as provided in section 200A.5. The department may do any of the following:
(1) Cancel the registration or deny an application for registration.
(2) Suspend or terminate the license or deny an application for a license.
b. Thedisciplinaryactionmustbebaseduponevidencesatisfactorytothedepartmentthat
the registrant, licensee, or applicant has used fraudulent or deceptive practices in violation
of this chapter or has willfully disregarded the requirements of this chapter.
2. Issue and enforce a “stop sale, use, or removal” order against the owner or distributor
of any lot of a bulk product.
a. Theordermayrequirethatthebulkproductbeheldatadesignatedplaceuntilreleased
by the department.
b. The department shall release the bulk product pursuant to a release order upon
satisfaction that legal issues compelling the issuance of the “stop sale, use, or removal order”
have been resolved and all expenses incurred by the department in connection with the bulk
product’s removal have been paid to the department.
3. Seize and dispose of any lot of a bulk product which is not in compliance with the
provisions of this chapter upon petition to the district court in the county or adjoining county
in which the bulk product is located.
a. If the court finds that the bulk product is in violation of this chapter, the court may
order the condemnation of the bulk product. However, the court shall not order the seizure
and disposition of a bulk product without first providing the owner of the bulk product with
an opportunity to apply to the court for release of the bulk product, consent to reprocess the
bulk product, or consent to amend a legal record to accurately describe the composition of
the bulk product, including a distribution statement as provided in section 200A.7.
b. The department shall, as provided in the court order, dispose of the bulk product in a
manner consistent with the quality of the bulk product and the laws of this state.
4. Apply to the district court in the county where a violation of this chapter occurs for
a temporary or permanent injunction restraining a person from violating or continuing to
violate this chapter, notwithstanding the existence of other remedies at law. The injunction
shall be issued without a bond.
5 BULK DRY ANIMAL NUTRIENT PRODUCTS, §200A.15
5. This section does not require the department to institute a proceeding for a minor
violation if the department concludes that the public interest will be best served by a suitable
written warning.