The secretary of agriculture is the head of the department of agriculture and land stewardship which shall:
1. Carry out the objects for which the department is created and maintained.
2. Establish and maintain such divisions in the department as are necessary for the proper enforcement of the laws administered by it.
3. Consolidate the inspection service of the state in respect to the laws administered by the department so as to eliminate duplication of inspection insofar as practicable.
4. Maintain a weather division which shall, in co-operation with the national weather service, collect and disseminate weather and phenological statistics and meteorological data, and promote knowledge of meteorology, phenology and climatology of the state. The division shall be headed by the state climatologist who shall be appointed by the secretary of agriculture, and shall be an officer of the national weather service, if one is detailed for that purpose by the federal government.
5. Establish volunteer weather stations in one or more places in each county, appoint observers thereat, supervise such stations, receive reports of meteorological events and tabulate the same for permanent record.
6. Issue weekly weather and crop bulletins from April 1 to October 1 of each year, and edit and cause to be published monthly weather reports, containing meteorological matter in its relationship to agriculture, transportation, commerce and the general public.
7. Maintain a division of agricultural statistics, which shall, in co-operation with the United States department of agriculture statistical reporting service, gather, compile, and publish statistical information concerning the condition and progress of crops, the production of crops, livestock, livestock products, poultry, and other such related agricultural statistics, as will generally promote knowledge of the agricultural industry in the state of Iowa. The statistics, when published, constitute official agricultural statistics for the state of Iowa. The division is in the charge of an administrator, who shall be appointed by the secretary of agriculture and who shall be an officer of the United States department of agriculture statistical reporting service, if one is detailed for that purpose by the federal government.
8. Establish and maintain a marketing news service division in the department which shall, in co-operation with the federal market news and grading division of the United States department of agriculture, collect and disseminate data and information relative to the market prices and conditions of agricultural products raised, produced, and handled in the state. The division is in the charge of an administrator, who shall be appointed by the secretary of agriculture and shall be an officer of the federal market news and grading division of the United States department of agriculture, if one is detailed for that purpose by the federal government.
9. Inspect and supervise all cold storage plants and food producing or distributing establishments including the furniture, fixtures, utensils, machinery, and other equipment so as to prevent the production, preparation, packing, storage, or transportation of food in a manner detrimental to its character or quality.
10. Approve all methods of probing for foreign material content of any type of grain.
11. Establish, publish, and enforce rules not inconsistent with law for the enforcement of the provisions of subtitles 1 through 3 of this title, excluding chapters 161A through 161C, and for the enforcement of the various laws, the administration and supervision of which are imposed upon the department.
12. Establish and maintain a sheep promotion division in the department which shall promote the consumption of lamb, mutton, and the use of wool, aid in the orderly marketing of sheep and wool, and conduct other activities which are beneficial to the sheep industry in Iowa. The division is in the charge of an administrator, who shall be appointed by the secretary of agriculture. Funds appropriated for the department of agriculture for state aid to the Iowa sheep association may be used together with other funds available for sheep promotion in establishing and maintaining the sheep promotion division, and the funds may be drawn and expended upon the order of the administrator with the approval of the secretary of agriculture.
13. Establish a swine tuberculosis eradication program including, but not limited to:
a. The inspection of swine herds in this state when the department finds that an animal from a swine herd has, or is believed to have, tuberculosis;
b. Ear tagging or otherwise physically marking all swine reacting positively to tests for tuberculosis;
c. Condemning any swine which has tuberculosis;
d. Depopulating any swine herd where tuberculosis is found to be generally present; and
e. Compensate the owners of condemned swine as provided under section 165.18, following the general procedures for filing claims and paying indemnities as provided in chapter 165.
If the department finds that the source of the tuberculosis in a swine herd is from another species of animal, except bovine, located on or near the premises on which the affected swine herd is located, the department may destroy those animals and indemnify the owners of the condemned animals as provided in chapter 163.
14. Establish and maintain a division of soil conservation. The division administrator shall be appointed by the secretary from a list of names of persons recommended by the soil conservation committee, pursuant to section 161A.4, subsection 2, and shall serve at the pleasure of the secretary.
15. Establish an inspection and regulation program regarding water sold in sealed containers for human consumption. As used in this subsection, "water sold in sealed containers for human consumption" includes ice sold in sealed containers and bottled water; "bottled water" means drinking water which is placed in sealed containers for the purpose of sale to the public for human consumption; and "drinking water" means water sold for drinking, culinary, or other purposes involving the likelihood of the water being ingested for human consumption but does not include distilled water, carbonated beverages, mineral water, or other beverages which contain water. The program shall include, but is not limited to, all of the following:
a. Establish, modify, or repeal rules relating to standards for testing for the presence of chemicals in water sold in sealed containers for human consumption. The standards for testing shall not be less stringent than the rules established for public drinking water supplies pursuant to chapter 455B.
b. Establish, modify, or repeal rules relating to drinking water standards for water sold in sealed containers for human consumption. The standards shall establish the maximum permissible level of any physical, chemical, biological, or radiological substance in the water and shall be as stringent as those established under the federal Food and Drug Act.
c. Establish, modify, or repeal rules relating to the labeling of water sold in sealed containers for human consumption including, but not limited to, requirements that water sold in this state shall have the words "Meets all F.D.A. standards" printed clearly and conspicuously on its label.
d. Establish, modify, or repeal rules relating to the frequency with which facilities where water is placed in sealed containers, including but not limited to ice making and bottling facilities, are inspected and tested. The frequency standard shall not be less stringent than the frequency standard for testing of public water supplies under chapter 455B.
e. A requirement that all records pertaining to sampling and analysis of water sold in sealed containers for human consumption under this subsection shall be maintained at the bottling facility or if the water is bottled outside of the state at the distributor's facility. The records shall be maintained for at least two years and shall be available upon request for review by officials of the department.
f. Provide that enforcement of this subsection shall be pursuant to chapter 189.
g. The provisions of paragraphs "a", "b", "c", and "e" shall not apply to ice produced from a public water supply as defined and regulated in chapter 455B. Ice sold in sealed containers shall be labeled or tagged with the name and location of the ice maker and whether it is produced from a public water supply. The department shall adopt rules relating to the packaging and handling of ice sold in sealed containers.
1. [C24, 27, 31, 35, 39, § 2590; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, § 159.5] ~I2. [S13, § 1657-g; C24, 27, 31, 35, 39, § 2590; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, § 159.5] ~I3. [C24, 27, 31, 35, 39, § 2590; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, § 159.5] ~I4. [C97, § 1677, 1678; C24, 27, 31, 35, 39, § 2590; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, § 159.5] ~I5. [C97, § 1679, 1680; S13, § 1679; C24, 27, 31, 35, 39, § 2590; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, § 159.5] ~I6. [C97, § 1679; S13, § 1679; C24, 27, 31, 35, 39, § 2590; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, § 159.5] ~I7. [C97, § 1680; S13, § 1363; C24, 27, 31, 35, 39, § 2590; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, § 159.5] ~I8. [C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, § 159.5] ~I9. [S13, § 2527-d5, 4527-m; C24, 27, 31, 35, 39, § 2590; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, § 159.5] ~I10. [C79, 81, S81, § 159.5(10)] ~I11. [S13, § 2528-d10; C24, 27, 31, 35, 39, § 2590; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 159.5(10); C79, 81, S81, § 159.5(11)] ~I12. [C46, 50, 54, 58, 62, 66, § 185.2; C71, 73, 75, 77, § 159.5(11); C79, 81, S81, § 159.5(12)] ~I13. [C75, 77, § 159.5(12); C79, 81, S81, § 159.5(13); 81 Acts, ch 117, § 1019; 82 Acts, ch 1104, § 4]
83 Acts, ch 96, § 60, 157, 159; 83 Acts, ch 123, § 69, 209; 84 Acts, ch 1067, § 22; 86 Acts, ch 1137, §1; 86 Acts, ch 1245, § 607, 608; 87 Acts, ch 115, § 26; 88 Acts, ch 1134, § 32; 89 Acts, ch 83, § 29; 89 Acts, ch 106, § 1; 94 Acts, ch 1023, §14
Referred to in § 159.6, 159.7, 165.18
Iowa General Assembly
Search: Iowa Code 1997
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