§ 203C.36 — Penalties — injunction

Iowa § 203C.36

• Jurisdiction: Iowa
• Title V: AGRICULTURE
• Ch. 203C: WAREHOUSES FOR AGRICULTURAL PRODUCTS

Text

1. A person who knowingly withholds information from or knowingly submits false
information to the department or any of its employees in a record required to be maintained
or submitted to the department under this chapter commits a fraudulent practice as provided
in chapter 714.
2. a. Except as provided in paragraph “b”, a person commits a serious misdemeanor if
the person does any of the following:
(1) Engages in business as a warehouse operator without a license as required in section
203C.6.
(2) Obstructs the inspection of the person’s business premises or records required to be
kept by a licensed warehouse operator pursuant to section 203C.2.
(3) Uses a scale weight ticket, warehouse receipt, or other document in violation of this
chapter or requirements established by the department under this chapter.
b. A person who commits an offense specified in paragraph “a” after having been found
guilty of the same offense commits an aggravated misdemeanor.
3. Except as provided in subsections 1 and 2, a person who violates any provision of this
chapter commits a simple misdemeanor. With respect to a continuing violation, each day that
the violation continues is a separate offense.
4. A person in violation of this chapter, or in violation of chapter 714 or 715A, which
violation involves the business of a warehouse operator, is subject to prosecution by the
county attorney in the county where the business is located. However, if the county attorney
fails to initiate prosecution within thirty days, and upon request by the department, the
21 WAREHOUSES FOR AGRICULTURAL PRODUCTS, §203C.37
attorney general may initiate and carry out the prosecution in cooperation, if possible, with
the county attorney. The person in violation may be restrained by injunction in an action
brought by the department or the attorney general upon request by the department.

Legislative History

[C24, 27, 31, §9751; C35, §9751-g33; C39, §9751.33; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §543.36; 81 Acts, ch 180, §27]