Text: HF00092                           Text: HF00094
Text: HF00000 - HF00099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 93

Partial Bill History

Bill Introduced: H.J. 109
Complete Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 189.16, Code 1999, is amended to read
  1  2 as follows:
  1  3    189.16  POSSESSION AND CONTROL OF ADULTERATED AND
  1  4 IMPROPERLY LABELED ARTICLES.
  1  5    1.  Any Except as provided in subsection 2, a person having
  1  6 in possession or under having control any of an article which
  1  7 is adulterated or which is improperly labeled according to the
  1  8 provisions of this subtitle, excluding chapters 203, 203A,
  1  9 203C, 203D, 207, and 208, shall be presumed to know its true
  1 10 character and name, and such that the article is adulterated
  1 11 or improperly labeled.  A person's possession of an
  1 12 adulterated or improperly labeled article shall be prima facie
  1 13 evidence of having the same in possession with intent that the
  1 14 person intends to violate the provisions of this subtitle,
  1 15 excluding chapters 203, 203A, 203C, 203D, 207, and 208.
  1 16    2.  This section does not apply to the possession or
  1 17 control of any of the following:
  1 18    a.  Grain by a person regulated under chapter 203, 203A,
  1 19 203C, or 203D.
  1 20    b.  Mining materials including coal by a person regulated
  1 21 under chapter 207 or 208.
  1 22    c.  A controlled substance as provided in chapter 124.  
  1 23                           EXPLANATION
  1 24    This bill amends Code chapter 189 which applies to a number
  1 25 of chapters regulating the safety and effectiveness of
  1 26 commodities and products including agricultural products.
  1 27    Code section 189.16 provides that a person in possession or
  1 28 having control of an article which is adulterated or which is
  1 29 improperly labeled as required in those chapters is presumed
  1 30 to know that the article is adulterated or mislabeled.  It
  1 31 provides that a person's possession of the article is prima
  1 32 facie evidence of an intent to violate the law.  The section
  1 33 does not apply to grain in possession or control of persons in
  1 34 the grain trade (such as grain dealers) or mining materials in
  1 35 possession or control of persons in that industry.
  2  1    This bill provides that the chapter also does not apply to
  2  2 persons in possession or having control of a controlled
  2  3 substance regulated under Code chapter 124.  The bill also
  2  4 makes a number of changes in Code section 189.16 in order to
  2  5 enhance its readability.  
  2  6 LSB 1100YH 78
  2  7 da/gg/8

Text: HF00092                           Text: HF00094
Text: HF00000 - HF00099                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Wed Jan 12 05:55:23 CST 2000
URL: /DOCS/GA/78GA/Legislation/HF/00000/HF00093/990119.html
jhf