Iowa Code 203.11 – Penalties — injunctions
Current as of: 2023 | Check for updates
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1. A person who knowingly submits false information to or knowingly withholds information from the department or any of its employees when required to be submitted or maintained under this chapter, commits a fraudulent practice.
Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Aggravated misdemeanor | up to 2 years | between $855 and $8,540 |
| Serious misdemeanor | up to 1 year | between $430 and $2,560 |
| Simple misdemeanor | up to 30 days | between $105 and $855 |
Terms Used In Iowa Code 203.11
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the department of agriculture and land stewardship. See Iowa Code 203.1
- 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
- Grain: means any grain for which the United States department of agriculture has established standards pursuant to the United States Grain Standards Act, 7 U. See Iowa Code 203.1
- Grain dealer: means a person who cumulatively purchases at least one thousand bushels of grain from producers during any calendar month, if such grain is delivered within or into this state for purposes of resale, milling, or processing in this state. See Iowa Code 203.1
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: means the same as defined in section 4. See Iowa Code 203.1
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 grain dealer without a license as required in section 203.3.
(2) Obstructs an inspection of the person’s business premises or records required to be kept by a grain dealer pursuant to section 203.9.
(3) Uses a scale ticket or credit-sale contract in violation of this chapter or a requirement 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 grain dealer, 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 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 an injunction in an action brought by the department or the attorney general upon request by the department.