Iowa Code 200A.11 – Prohibited acts
Current as of: 2023 | Check for updates
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1. A person shall not distribute a bulk dry animal nutrient product containing any substance used as filler material if any of the following applies:
a. The filler injures plant growth or is deleterious to soil.
b. The person distributing the bulk product misrepresents or deceives the person receiving the bulk product regarding the attributes of the filler material or its effect upon plant growth or soil condition.
Terms Used In Iowa Code 200A.11
- Advertise: means to present a commercial message in any medium including but not limited to print, radio, television, sign, display, label, tag, or articulation. See Iowa Code 200A.3
- bulk product: means a dry animal nutrient product delivered to a purchaser in bulk form to which a label cannot be attached. See Iowa Code 200A.3
- Distribute: means to offer for sale, sell, hold out for sale, exchange, barter, supply, or furnish a bulk dry animal nutrient product on a commercial basis. See Iowa Code 200A.3
- Distributor: means a person who distributes a bulk dry animal nutrient product. See Iowa Code 200A.3
- Dry animal nutrient product: means any unmanipulated animal manure composed primarily of animal excreta, if all of the following apply:a. See Iowa Code 200A.3
- 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
- Guaranteed analysis: means the minimum percentage of plant nutrients claimed and reported to the department pursuant to section 200A. See Iowa Code 200A.3
- 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
- Purchaser: means a person to whom a dry animal nutrient product is distributed. See Iowa Code 200A.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
2. A person shall not advertise a bulk product by making false or misleading statements regarding the bulk product.3. A person shall not misbrand a bulk product by providing a distribution statement to a purchaser which fails to identify a substance promoting plant growth according to the bulk product’s guaranteed analysis as provided in section 200A.6.4. The burden of proof regarding a claim made by a person distributing a bulk product, including but not limited to the positive effects of the bulk product on plant growth, shall be the responsibility of the distributor.5. A distributor shall not store a bulk product in a manner which pollutes the waters of the state.