Iowa Code 200.17 – Seizure, condemnation, and sale
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Iowa Code 200.17
- commercial fertilizer: includes fertilizer and fertilizer materials and fertilizer-pesticide mixtures. See Iowa Code 200.3
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- fertilizer: means any substance containing one or more recognized plant nutrient which is used for its plant nutrient content and which is designed for use and claimed to have value in promoting plant growth except unmanipulated animal and vegetable manures or calcium and magnesium carbonate materials used primarily for correcting soil acidity. See Iowa Code 200.3
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Secretary: means the secretary of agriculture. See Iowa Code 200.3
- soil conditioner: is a ny substance which when added to the soil or applied to plants will produce a favorable growth, yield or quality of crop or soil flora or fauna or other soil characteristics, other than a fertilizer, recognized pesticide, unmanipulated animal and vegetable manures or calcium and magnesium carbonate materials used primarily for correcting soil acidity. See Iowa Code 200.3
- 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
Any lot of commercial fertilizer or soil conditioner not in compliance with the provisions of this chapter shall be subject to seizure on complaint of the secretary to a court of competent jurisdiction in the county or adjoining county in which the commercial fertilizer or soil conditioner is located. In the event the court finds the commercial fertilizer or soil conditioner to be in violation of this chapter and orders the condemnation of the commercial fertilizer or soil conditioner, it shall be disposed of in any manner consistent with the quality of the commercial fertilizer or soil conditioner and the laws of the state. However, in no instance shall the disposition of the commercial fertilizer or soil conditioner be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial fertilizer or soil conditioner or for permission to reprocess or relabel the commercial fertilizer or soil conditioner to bring it into compliance with this chapter.