Terms Used In Iowa Code > Chapter 7C - Private Activity Bond Allocation Act

• Active contractor: means a person who owns a commodity that is produced by a contract producer at the contract producer's contract operation pursuant to a production contract executed pursuant to section 202. See Iowa Code 202.1
• Active ingredient: means :
   a. See Iowa Code 206.2
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Administrator: means the administrator of the division or a designee. See Iowa Code 207.2
• Administrator: means the administrator of the division or a designee. See Iowa Code 208.2
• Affected land: means the area of land from which overburden has been removed or upon which overburden has been deposited or land which has otherwise been disturbed, changed, influenced, or altered in any way in the course of mining, including processing and stockpile areas but not including roads. See Iowa Code 208.2
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agricultural liming material: means a product having calcium and magnesium compounds capable of neutralizing soil acidity. See Iowa Code 201A.2
• Agricultural product: shall mean any product of agricultural activity suitable for storage in quantity, including refined or unrefined sugar and canned agricultural products and shall also mean any product intended for consumption in the production of other agricultural products, such as stock salt, binding twine, bran, cracked corn, soybean meal, commercial feeds, and cottonseed meal. See Iowa Code 203C.1
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Antidote: means the most practical immediate treatment in case of poisoning and includes first aid treatment. See Iowa Code 206.2
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appraisal: A determination of property value.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Base price: means the price paid for swine, delivered to the processor, before application of any premiums or discounts, and expressed in dollars per hundred pounds of hot carcass weight as calculated in the same manner as provided in 7 C. See Iowa Code 202B.102
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Board: means the Iowa grain indemnity fund board created in section 203D. See Iowa Code 203D.1
• Board: means the Iowa grain indemnity fund board created in section 203D. See Iowa Code 203D.1
• Bond: means a bond issued by a surety company or an irrevocable letter of credit issued by a financial institution described in subsection 7. See Iowa Code 203.1
• Bond: means a bond issued by a surety company or an irrevocable letter of credit issued by a financial institution. See Iowa Code 203C.1
• Brand: means the term, designation, trade name, product name, or other specific designation under which individual agricultural liming material is offered for sale. See Iowa Code 201A.2
• Bulk: means material which is in a nonpackaged form. See Iowa Code 201A.2
• Bulk grain: shall mean grain which is not contained in sacks. See Iowa Code 203C.1
• Business association: means a person organized under statute or common law in this state or another jurisdiction for purposes of engaging in a commercial activity on a profit, cooperative, or not-for-profit basis, including but not limited to a corporation or entity taxed as a corporation under the Internal Revenue Code, nonprofit corporation, cooperative association, partnership, limited partnership, limited liability company, limited liability partnership, investment company, joint stock company, joint stock association, or trust, including but not limited to a business trust. See Iowa Code 202B.102
• Cattle operation: means a location including but not limited to a building, lot, yard, corral, or other place where cattle for slaughter are fed or otherwise maintained. See Iowa Code 202B.102
• Certificate of analysis: means proof that a crop produced on a licensee's crop site qualifies as hemp as provided in section 204. See Iowa Code 204.2
• Certified applicator: means any individual who is certified under this chapter as authorized to use any pesticide. See Iowa Code 206.2
• Check: includes instruments commonly referred to as a check, draft, share draft, or other negotiable instrument for the payment of money. See Iowa Code 203.1
• Check: means the same as defined in section 203. See Iowa Code 203C.1
• Chlordane: means 1,2,4,5,6,7,8,8-octachloro-4,7-methano-3a,4,7,7a-tetrahydroindane; Octa klor: 1068; Velsicol 1068; Dowklor. See Iowa Code 206.2
• City: means a municipal corporation, but not including a county, township, school district, or any special-purpose district or authority. See Iowa Code 172D.1
• clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Commercial applicator: means a person, corporation, or employee of a person or corporation who enters into a contract or an agreement for the sake of monetary payment and agrees to perform a service by applying a pesticide but does not include a farmer trading work with another, a person employed by a farmer not solely as a pesticide applicator who applies pesticide as an incidental part of the person's general duties, or a person who applies pesticide as an incidental part of a custom farming operation. See Iowa Code 206.2
• Committee: means the state soil conservation and water quality committee established in section 161A. See Iowa Code 207.2
• Committee: means the state soil conservation and water quality committee established in section 161A. See Iowa Code 208.2
• Commodity: means livestock, raw milk, or a crop. See Iowa Code 202.1
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consumable hemp product: includes but is not limited to any of the following:
   (1) A noncombustible form of hemp that may be digested, such as food; internally absorbed, such as chew or snuff; or absorbed through the skin, such as a topical application. See Iowa Code 204.2
• Contract: A legal written agreement that becomes binding when signed.
• Contract crop field: means farmland where a crop is produced according to a production contract executed pursuant to section 202. See Iowa Code 202.1
• Contract for the care and feeding of swine: means an oral or written agreement executed between a person and the owner of swine, under which the person agrees to care for and feed the owner's swine on the person's premises. See Iowa Code 202B.102
• Contract livestock facility: includes a confinement feeding operation as defined in section 459. See Iowa Code 202.1
• Contract operation: means a contract livestock facility or contract crop field. See Iowa Code 202.1
• Contract producer: means a person who holds a legal interest in a contract operation and who produces a commodity at the contract producer's contract operation under a production contract executed pursuant to section 202. See Iowa Code 202.1
• Contractor: means an active contractor or a passive contractor. See Iowa Code 202.1
• Controlled substance: means the same as defined in section 124. See Iowa Code 204.2
• Controlling interest: means actual control or the possession directly or indirectly of the power to direct or cause the direction of the management and policies of a processor, whether through the ownership of voting securities, by contract, or otherwise. See Iowa Code 202B.102
• Conviction: A judgement of guilt against a criminal defendant.
• Conviction: means a conviction for an indictable offense, in this state or another state, and includes a guilty plea, deferred judgment from the time of entry of the deferred judgment until the time the defendant is discharged by the court without entry of judgment, or other finding of guilt by a court of competent jurisdiction. See Iowa Code 204.2
• Cooperative association: means the same as defined in section 10. See Iowa Code 202B.102
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Credit-sale contract: means a contract for the sale of grain pursuant to which the sale price is to be paid more than thirty days after the delivery of the grain to the buyer, or a contract which is titled as a credit-sale contract, including but not limited to those contracts commonly referred to as deferred-payment contracts, deferred-pricing contracts, and price-later contracts. See Iowa Code 203.1
• Credit-sale contract: means the same as defined in section 203. See Iowa Code 203C.1
• Credit-sale contract: means the same as defined in section 203. See Iowa Code 203D.1
• Crop: means a plant used for food, animal feed, fiber, or oil, if the plant is classified as a forage or cereal plant, including but not limited to alfalfa, barley, buckwheat, corn, flax, forage, millet, oats, popcorn, rye, sorghum, soybeans, sunflowers, wheat, and grasses used for forage or silage. See Iowa Code 202.1
• Custom livestock feeder: means a person who buys grain for the sole purpose of feeding it to livestock owned by another person in a feedlot as defined in section 172D. See Iowa Code 203.1
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means a person required to be licensed as a dealer pursuant to section 163. See Iowa Code 202C.1
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Delivery: means the transfer of title to and possession of grain by a seller to a grain dealer or to another person in accordance with the agreement of the seller and the grain dealer. See Iowa Code 203.8
• Department: means the department of agriculture and land stewardship. See Iowa Code 203.1
• Department: means the department of agriculture and land stewardship. See Iowa Code 202A.1
• Department: means the department of agriculture and land stewardship. See Iowa Code 203C.1
• Department: means the department of agriculture and land stewardship. See Iowa Code 202C.1
• Department: means the department of agriculture and land stewardship. See Iowa Code 203D.1
• Department: means the department of agriculture and land stewardship. See Iowa Code 206.2
• 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
• Department: means the department of agriculture and land stewardship. See Iowa Code 204.2
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Depositor: means any person who deposits an agricultural product in a warehouse for storage, handling, or shipment, or who is the owner or legal holder of an outstanding warehouse receipt, or who is lawfully entitled to possession of the agricultural product. See Iowa Code 203C.1
• Depositor: means a person who deposits grain in a licensed warehouse for storage, handling, or shipment, or who is the owner or legal holder of an outstanding warehouse receipt issued by a licensed warehouse, or who is lawfully entitled to possession of the grain. See Iowa Code 203D.1
• Device: means any instrument or contrivance intended for trapping, destroying, repelling, or mitigating insects, birds, or rodents or destroying, repelling, or mitigating fungi, nematodes, weeds, or such other pests as may be designated by the secretary, but not including equipment used for the application of pesticides when sold separately therefrom. See Iowa Code 206.2
• Distribute: means to offer for sale, hold for sale, sell, barter, or supply pesticides in this state. See Iowa Code 206.2
• Division: means the division of soil conservation and water quality created within the department of agriculture and land stewardship pursuant to section 159. See Iowa Code 207.2
• Division: means the division of soil conservation and water quality created within the department of agriculture and land stewardship pursuant to section 159. See Iowa Code 208.2
• Effective calcium carbonate equivalent: means the acid-neutralizing capacity of an agricultural liming material. See Iowa Code 201A.2
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Farmland: means agricultural land that is suitable for use in farming as defined in section 9H. See Iowa Code 202.1
• Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
• Federal hemp law: means that part of Tit. See Iowa Code 204.2
• Feedlot: means a lot, yard, corral, or other area in which livestock are confined, primarily for the purposes of feeding and growth prior to slaughter. See Iowa Code 172D.1
• Fiduciary: A trustee, executor, or administrator.
• Financial institution: means any of the following:
   a. See Iowa Code 203.1
• Financial institution: means the same as defined in section 203. See Iowa Code 203C.1
• Financial institution: means a bank or savings association authorized by the laws of the United States, which is a member of the federal deposit insurance corporation, the federal savings and loan insurance corporation, or the national bank for cooperatives established in the Agricultural Credit Act, Pub. See Iowa Code 202C.1
• Financial institution: means a bank or savings association authorized by the laws of the United States, which is a member of the federal deposit insurance corporation or the federal savings and loan insurance corporation. See Iowa Code 206.2
• First point of sale: means the initial transfer of title to grain from a person who has produced the grain or caused the grain to be produced to the first purchaser of the grain for consideration, conditional or otherwise, in any manner or by any means. See Iowa Code 203D.1
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• 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
• Fund: means the grain depositors and sellers indemnity fund created in section 203D. See Iowa Code 203D.1
• Fund: means the abandoned mine reclamation fund established pursuant to this chapter. See Iowa Code 207.2
• Fund: means the grain depositors and sellers indemnity fund created in section 203D. See Iowa Code 203D.1
• Good cause: means that the department has cause to believe that the net worth or current asset to current liability ratio of a grain dealer presents a danger to sellers with whom the grain dealer does business, based on evidence of any of the following:
   a. See Iowa Code 203.1
• Good cause: means that the department has cause to believe that the net worth or current asset to current liability ratio of a warehouse operator presents a danger to depositors with whom the warehouse operator does business, based on evidence of any of the following:
   a. See Iowa Code 203C.1
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• 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: means the same as defined in section 203. See Iowa Code 203C.1
• Grain: means the same as defined in section 203. See Iowa Code 203D.1
• Grain: means the same as defined in section 203. See Iowa Code 203D.1
• Grain bank: means grain owned by a depositor and held temporarily by the warehouse operator for use in the formulation of feed or to be processed and returned to the depositor on demand. See Iowa Code 203C.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
• Grain dealer: means the same as defined in section 203. See Iowa Code 203D.1
• Grain Standards Act: means the United States Grain Standards Act, 7 U. See Iowa Code 203C.1
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hemp: means the plant cannabis sativa L. See Iowa Code 204.2
• Hemp product: means an item derived from or made by processing hemp or parts of hemp, including but not limited to any item manufactured from hemp, including but not limited to cloth, cordage, fiber, food, fuel, paint, paper, particle board, plastic, hemp seed, seed meal, or seed oil. See Iowa Code 204.2
• Incidental warehouse operator: means a person regulated under chapter 198 whose grain storage capacity does not exceed twenty-five thousand bushels which is used exclusively for grain owned or grain which will be returned to the depositor for use in a feeding operation or as an ingredient in a feed. See Iowa Code 203C.1
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Indirect: means to act or attempt to accomplish an act through an interest in a business association, through one or more affiliates or intermediaries, or by any method other than a direct approach, including by any circuitous or oblique method. See Iowa Code 202B.102
• Ingredient statement: means either:
   a. See Iowa Code 206.2
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Internet: means the federated international system that is composed of allied electronic communication networks linked by telecommunication channels, that uses standardized protocols, and that facilitates electronic communication services, including but not limited to use of the world wide web; the transmission of electronic mail or messages; the transfer of files and data or other electronic information; and the transmission of voice, image, and video. See Iowa Code 4.1
• 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.
• Label: means the written, printed, or graphic matter on, or attached to, the pesticide or device, or the immediate container thereof, and the outside container or wrapper of the retail package, if any there be, of the pesticide or device. See Iowa Code 206.2
• Labeling: means all labels and other written, printed, or graphic matter:
   a. See Iowa Code 206.2
• Landowner: means a person who holds an interest in land, including a titleholder or tenant. See Iowa Code 169C.1
• Law enforcement officer: means a state patrol officer, a sheriff, or other peace officer so designated by this state or by a county or municipality. See Iowa Code 172B.1
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means a license issued under this chapter. See Iowa Code 203C.1
• license: means a hemp license issued pursuant to section 204. See Iowa Code 204.2
• Licensed grain dealer: means a person who has obtained a license to engage in the business of a grain dealer pursuant to section 203. See Iowa Code 203D.1
• Licensed grain dealer: means a person who has obtained a license to engage in the business of a grain dealer pursuant to section 203. See Iowa Code 203D.1
• Licensed warehouse: shall mean a warehouse for the operation of which the department has issued a license in accordance with the provisions of section 203C. See Iowa Code 203C.1
• Licensed warehouse: means the same as defined in section 203C. See Iowa Code 203D.1
• Licensed warehouse operator: shall mean a warehouse operator who has obtained a license for the operation of a warehouse under the provisions of section 203C. See Iowa Code 203C.1
• Licensed warehouse operator: means the same as in section 203C. See Iowa Code 203D.1
• Licensee: means a licensed grain dealer or licensed warehouse operator. See Iowa Code 203D.1
• Licensee: means a licensed grain dealer or licensed warehouse operator. See Iowa Code 203D.1
• Licensee: means a person who obtains a hemp license from the department under this chapter. See Iowa Code 204.2
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Livestock: means beef cattle, dairy cattle, sheep, or swine. See Iowa Code 202.1
• Livestock: means live cattle, swine, or sheep. See Iowa Code 202A.1
• Livestock: means cattle, sheep, swine, ostriches, rheas, emus, poultry, and other animals or fowl, which are being produced primarily for use as food or food products for human consumption. See Iowa Code 172D.1
• Local governmental entity: means any political subdivision, or any state authority which is not the general assembly or under the direction of a principal central department as enumerated in section 7E. See Iowa Code 206.34
• Local law enforcement agency: means an office of county sheriff or a municipal police department. See Iowa Code 204.2
• Local legislation: means any ordinance, motion, resolution, amendment, regulation, or rule adopted by a local governmental entity. See Iowa Code 206.34
• Loss: means the amount of a claim held by a seller or depositor against a grain dealer or warehouse operator which has not been recovered through other legal and equitable remedies including the liquidation of assets. See Iowa Code 203D.1
• Loss: means the amount of a claim held by a seller or depositor against a grain dealer or warehouse operator which has not been recovered through other legal and equitable remedies including the liquidation of assets. See Iowa Code 203D.1
• Magistrate: means a judicial officer appointed under chapter 602, article 6, part 4. See Iowa Code 4.1
• Maintenance: means the provision of shelter, food, water, or a nutritional formulation as required pursuant to chapter 717. See Iowa Code 169C.1
• Mine: means an underground mine operation or surface mine operation developed and operated for the purpose of extracting coal. See Iowa Code 207.2
• mine site: means a site where mining is being conducted or has been conducted in the past. See Iowa Code 208.2
• Mineral: means gypsum, clay, stone, sand, gravel, or other ores or mineral solids, except coal. See Iowa Code 208.2
• Mining: means the excavation of gypsum, clay, stone, sand, gravel, or other ores or mineral solids, except coal, for sale or for processing or consumption in the regular operation of a business and shall include surface mining and underground mining. See Iowa Code 208.2
• Mining operation: means activities conducted by an operator on a mine site relative to the excavation of minerals and shall include disturbing overburden, excavation, and processing of minerals, stockpiling and removal of minerals from a site, and all reclamation activities conducted on a mine site. See Iowa Code 208.2
• month: means a calendar month, and the word "year" and the abbreviation "A. See Iowa Code 4.1
• Mortgage: means a mortgage or mortgage lien on an interest in real property in this state given to secure a loan in an original principal amount equal to or less than the maximum principal amount as determined by the division board and adopted by the authority pursuant to chapter 17A. See Iowa Code 16.92
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Official grain standards: means the standards of quality and condition of grain which establishes the grade, fixed and established by the secretary of agriculture under the Grain Standards Act. See Iowa Code 203C.1
• Open storage: means grain or agricultural products which are received by a warehouse operator from a depositor for which warehouse receipts have not been issued or a purchase made and the records documented accordingly. See Iowa Code 203C.1
• Operator: means a person engaged in coal mining who removes or intends to remove more than fifty tons of coal from the earth by coal mining within twelve consecutive calendar months in one location. See Iowa Code 207.2
• Operator: means any person, firm, partnership, corporation, or political subdivision engaged in and controlling a mining operation. See Iowa Code 208.2
• Overburden: means all of the earth and other materials which lie above natural mineral deposits and includes all earth and other materials disturbed from their natural state in the process of mining. See Iowa Code 208.2
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: shall mean the person holding record title to real estate to include both legal and equitable interests under recorded real estate contracts. See Iowa Code 172D.1
• packer: includes an agent of the packer engaged in buying or soliciting livestock for slaughter on behalf of a packer. See Iowa Code 202A.1
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Passive contractor: means a person who furnishes management services to a contract producer, and who does not own a commodity that is produced by the contract producer at the contract producer's contract operation according to a production contract which is executed pursuant to section 202. See Iowa Code 202.1
• Payment: means the actual payment or tender of payment by a grain dealer to a seller of the agreed purchase price, or in the case of disputes as to sales of grain, the undisputed portion of the purchase price without reduction for any separate claim of the grain dealer against the seller. See Iowa Code 203.8
• Permit: means a permit to conduct surface coal mining and reclamation operations issued by the division. See Iowa Code 207.2
• Permit: means a written certificate, issued by the secretary or the secretary's agent under rules adopted by the department authorizing the use of certain state restricted use pesticides. See Iowa Code 206.2
• Permit area: means the area of land indicated on the approved map submitted with the operator's application. See Iowa Code 207.2
• Person: means the same as defined in section 4. See Iowa Code 203.1
• Person: means an individual, business association, government or governmental subdivision or agency, or any other legal entity. See Iowa Code 202B.102
• Person: means the same as defined in section 4. See Iowa Code 203C.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
• Person: means any individual, partnership, association, corporation, or organized group of persons whether incorporated or not. See Iowa Code 206.2
• Pesticide: means any of the following:
   a. See Iowa Code 206.2
• Pesticide dealer: means any person who distributes restricted use pesticides, pesticide for use by commercial or public pesticide applicators, or general use pesticides labeled for agricultural or lawn and garden use with the exception of dealers whose gross annual pesticide sales are less than ten thousand dollars for each business location owned or operated by the dealer. See Iowa Code 206.2
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plant growth regulator: means any substance or mixture of substances intended, through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of ornamental or crop plants or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments. See Iowa Code 206.2
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Political subdivision: means any county, district, city, or other public agency within the state of Iowa. See Iowa Code 208.2
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Prime farmland: means the same as prescribed by the United States department of agriculture pursuant to 7 C. See Iowa Code 207.2
• Processor: means a person who alone or in conjunction with others directly or indirectly controls the manufacturing, processing, or preparation for sale of beef or pork products, including the slaughtering of cattle or swine or the manufacturing or preparation of carcasses or goods originating from the carcasses, if the beef or pork products have a total annual wholesale value of eighty million dollars or more for the person's tax year. See Iowa Code 202B.102
• Produce: means to provide for the planting, raising, cultivating, managing, harvesting, and storing a crop. See Iowa Code 204.2
• Producer: means the owner, tenant, or operator of land in this state who has an interest in and receives all or a part of proceeds from the sale of grain produced on that land. See Iowa Code 203.1
• Production contract: means an oral or written agreement executed pursuant to section 202. See Iowa Code 202.1
• program: means the program that may be established by the department to allow a licensee to correct certain violations of this chapter as provided in section 204. See Iowa Code 204.2
• property: includes personal and real property. See Iowa Code 4.1
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public applicator: means an individual who applies pesticides as an employee of a state agency, county, municipal corporation, or other governmental agency. See Iowa Code 206.2
• Public road: means a thoroughfare and its right-of-way, whether reserved by public ownership or easement, for use by the traveling public. See Iowa Code 169C.1
• Purchased grain: means grain entered in the company-owned paid position as evidenced on the grain dealer's daily position record. See Iowa Code 203D.1
• Purchaser: means the owner or operator of a farm as provided in section 163. See Iowa Code 202C.1
• Qualified processor: means a processor of pork products if all of the following apply:
   a. See Iowa Code 202B.102
• Quorum: The number of legislators that must be present to do business.
• Reclamation: means the process of restoring disturbed lands to the premined uses of the lands or other productive uses. See Iowa Code 208.2
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Registrant: means the person registering any pesticide or device or who has obtained a certificate of license from the department pursuant to the provisions of this chapter. See Iowa Code 206.2
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Restricted use pesticide: means any pesticide restricted as to use by rule of the secretary as adopted under section 206. See Iowa Code 206.2
• road: include public bridges, and may be held equivalent to the words "county way" "county road" "common road" and "state road". See Iowa Code 4.1
• Rule: includes "regulation". See Iowa Code 4.1
• Rule of the department: means a rule as defined in section 17A. See Iowa Code 172D.1
• Sales agreement: means an oral or written contract executed between a dealer and a purchaser for the sale of feeder pigs. See Iowa Code 202C.1
• Scale weight ticket: means a load slip or other evidence, other than a receipt, given to a depositor by a warehouse operator licensed under this chapter upon initial delivery of the agricultural product to the warehouse. See Iowa Code 203C.1
• seal: shall include an impression upon the paper alone, or upon wax, a wafer affixed to the paper, or an official stamp of a notarial officer as provided in chapter 9B. See Iowa Code 4.1
• Secretary: means the United States secretary of the interior or a designee. See Iowa Code 207.2
• Secretary: means the secretary of agriculture. See Iowa Code 206.2
• Seller: means a person who sells grain which the person has produced or caused to be produced to a licensed grain dealer, and includes a person who executes a credit-sale contract as a seller. See Iowa Code 203.1
• Seller: means a person who sells grain which the person has produced or caused to be produced to a licensed grain dealer, but excludes a person who executes a credit-sale contract as a seller as provided in section 203. See Iowa Code 203D.1
• Seller: means a person who sells grain which the person has produced or caused to be produced to a licensed grain dealer, but excludes a person who executes a credit-sale contract as a seller as provided in section 203. See Iowa Code 203D.1
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• site: means a single contiguous tract of agricultural land suitable for the planting, growing, or harvesting of hemp, if the tract does not exceed three hundred twenty acres. See Iowa Code 204.2
• 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
• State program: means the procedures for regulating coal mining and reclamation operations established by this chapter. See Iowa Code 207.2
• Station: means a warehouse located more than three miles from the central office of the warehouse. See Iowa Code 203C.1
• Statute: A law passed by a legislature.
• Storage: means any grain or other agricultural products that have been received and have come under care, custody or control of a warehouse operator either for the depositor for which a contract of purchase has not been negotiated or for the warehouse operator operating the facility. See Iowa Code 203C.1
• Structural pest control: means controlling any pests in, on, or around food handling establishments; human dwellings; institutions such as schools and hospitals; industrial establishments, including warehouses and grain elevators; and any other structures in adjacent areas. See Iowa Code 206.31
• Subpoena: A command to a witness to appear and give testimony.
• Surface coal mining and reclamation operations: means surface coal mining operations and all activities necessary and incident to the reclamation of such operations after the effective date of this chapter. See Iowa Code 207.2
• Surface coal mining operations: means both:
   a. See Iowa Code 207.2
• Surface mining: means mining by removing the overburden lying above the natural deposits and excavating directly from the natural deposits exposed, or by excavating directly from deposits lying exposed in their natural state and shall include dredge operations conducted in or on natural waterways or artificially created waterways within the state. See Iowa Code 208.2
• Swine operation: means a location where swine are fed or otherwise maintained, including a building, lot, yard, or corral; and swine which are fed or otherwise maintained at the location. See Iowa Code 202B.102
• Swine producer: means a person who owns, controls, or operates a swine operation or who contracts for the care and feeding of swine. See Iowa Code 202B.102
• Temporary harvest and transportation permit: means a document allowing the harvesting of a crop produced on a licensee's crop site and the temporary movement of that crop subject to limitations provided in section 204. See Iowa Code 204.2
• Testify: Answer questions in court.
• Threshold interest: means a direct or indirect interest in the business association, calculated as follows:
   (1) For a processor of beef products, the person's threshold interest begins at ten percent. See Iowa Code 202B.102
• Toxic to humans: means not generally recognized as safe as provided by the United States food and drug administration pursuant to 21 C. See Iowa Code 206.2
• Trustee: A person or institution holding and administering property in trust.
• Under the direct supervision of: means the act or process whereby the application of a pesticide is made by a competent person acting under the instructions and control of a certified applicator or a state licensed commercial applicator who is available if and when needed, even though such certified applicator is not physically present at the time and place the pesticide is applied. See Iowa Code 206.2
• Underground mining: means mining by digging or constructing access tunnels, adits, ramps, or shafts and excavating directly from the natural mineral deposits exposed. See Iowa Code 208.2
• undertaking: means a promise or security in any form. See Iowa Code 4.1
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• United States: includes all the states. See Iowa Code 4.1
• Unlicensed warehouse operator: means a warehouse operator who retains grain in the warehouse not to exceed thirty days and is not licensed under the provisions of this chapter or the United States Warehouse Act. See Iowa Code 203C.1
• Warehouse: shall mean any building, structure, or other protected enclosure in this state used or usable for the storage of agricultural products. See Iowa Code 203C.1
• Warehouse operator: means the same as defined in section 203C. See Iowa Code 203.1
• Warehouse operator: means a person engaged in the business of operating or controlling a warehouse for the storing, shipping, handling or processing of agricultural products, but does not include an incidental warehouse operator. See Iowa Code 203C.1
• Warehouse operator: means the same as defined in section 203C. See Iowa Code 203D.1
• week: means seven consecutive days. See Iowa Code 4.1
• year: means twelve consecutive months. See Iowa Code 4.1