Iowa Code 199.15 – Permit — fee — fraud
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1. A person shall not sell, distribute, advertise, solicit orders for, offer or expose for sale, agricultural or vegetable seed without first obtaining from the department a permit to engage in the business. A permit is not required of persons selling seeds which have been packed and distributed by a person holding and having in force a permit. A permit is not required of persons selling or advertising seed of their own production, provided that the seed is stored or delivered to a purchaser only on or from the farm or premises where grown.
Terms Used In Iowa Code 199.15
- Agricultural seed: means grass, forage, cereal, oil, fiber, and any other kind of crop seed commonly recognized within this state as agricultural seed, lawn seed, vegetable seed, or seed mixtures. See Iowa Code 199.1
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the department of environmental quality in a reference to a time before July 1, 1983, the department of water, air and waste management in a reference to a time on or after July 1, 1983, and through June 30, 1986, and the department of natural resources on or after July 1, 1986, and includes any officer or agency within that department. See Iowa Code 172D.1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Permit holder: is a person who has obtained a permit from the department as required under sections 199. See Iowa Code 199.1
- Person: means an individual, partnership, corporation, company, society, or association. See Iowa Code 199.1
- Vegetable seed: means the crops which are grown in gardens or truck farms and are generally sold under the name of vegetable or herb seed in this state. See Iowa Code 199.1
2. a. The fee for a new permit is ten dollars and the fee for a renewed permit is based on the gross annual sales of seeds in Iowa during the previous twelve-month period under the permit holder‘s label and all permits expire on the first day of July following date of issue.
b. Permits shall be issued subject to the following fee schedule:
Gross sales of seeds Fee Not more than $ 25,000 $30 Over $25,000 but not exceeding 50,000 60 Over $50,000 but not exceeding 100,000 90 Over $100,000 but not exceeding 200,000 120
c. For each additional increment of one hundred thousand dollars of sales in Iowa the fee shall increase by thirty dollars. The fee shall not exceed one thousand five hundred dollars for a permit holder.
3. After due notice given at least ten days prior to a date of hearing fixed by the secretary, the department may revoke or refuse to renew a permit issued under this section if a violation of this chapter or if intent to defraud is established. The failure to fulfill a contract to repurchase the seed crop produced from any agricultural seed, if the crop meets the requirements set forth in the contract and the standards specified in this chapter, is prima facie evidence of intent to defraud the purchaser at the time of entering into the contract. However, this does not apply when seed stock is furnished by the contractor to the grower at no cost.