Iowa Code 716.7A – Food operation trespass
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1. As used in this section, unless the context otherwise requires:
a. “Apiary” and “bee” mean the same as defined in section 160.1A.
b. “Food animal” means an animal belonging to the bovine, caprine, ovine, or porcine species; farm deer as defined in section 170.1; turkeys, chickens, or other poultry; fish or other aquatic organisms confined in private waters for human consumption; or bees.
c. “Food establishment”, “food processing plant”, and “farmers market” mean the same as defined in section 137F.1.
d. (1) “Food operation” means any of the following:
(a) A location where a food animal is produced, maintained, or otherwise housed or kept, or processed in any manner.
(b) A location other than as described in subparagraph division (a) where a food animal is kept, including an apiary, livestock market, vehicle or trailer attached to a vehicle, fair, exhibition, or a business operated by a person licensed to practice veterinary medicine pursuant to chapter 169.
(c) A location where a meat food product, poultry product, milk or milk product, eggs or an egg product, aquatic product, or honey is prepared for human consumption, including a food processing plant, a slaughtering establishment operating under the provisions of 21 U.S.C. § 451 et seq. or 21 U.S.C. § 601 et seq.; or a slaughtering establishment subject to state inspection as provided in chapter 189A.
(2) “Food operation” does not include a food establishment or farmers market.
e. “Meat food product”, “poultry product”, and “prepared” mean the same as defined in section 189A.2.
Terms Used In Iowa Code 716.7A
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Livestock: includes but is not limited to an animal classified as an ostrich, rhea, or emu. See Iowa Code 4.1
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- property: includes personal and real property. See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
2. A person commits food operation trespass by entering or remaining on the property of a food operation without the consent of a person who has real or apparent authority to allow the person to enter or remain on the property.
3. Subsection 2 does not apply to any of the following:
a. A person entering a right-of-way, if the person has not been notified or requested by posted signage or other means to abstain from entering onto the right-of-way or to vacate the right-of-way.
b. A person having lawful authority to enter onto the property of the food operation, including but not limited to a federal, state, or local government official.
c. A person who is given express permission by the owner of the food operation to enter onto or remain on the property of the food operation.
d. A person employed by a food operation while acting in the course of employment.