203.1  Definitions.

As used in this chapter, unless the context otherwise requires:

1.  "Bond" means a bond issued by a surety company or an irrevocable letter of credit issued by a financial institution described in subsection 5.

2.  "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.

3.  "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.1, subsection 6, or a confinement building owned or operated by the custom livestock feeder and located in this state.

4.  "Department" means the department of agriculture and land stewardship.

5.  "Financial institution" means a bank or savings and loan association authorized by the state of Iowa or 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, respectively; or the national bank for cooperatives established in the Agricultural Credit Act, Pub. L. No. 100-233.

6.  "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.  The making of a payment by use of a financial instrument which is a check, share draft, draft, or written order on a financial institution, and a financial institution refuses payment on the instrument because of insufficient funds in a grain dealer's account.

b.  A violation of recordkeeping requirements provided in this chapter or rules adopted pursuant to this chapter by the department.

c.  A substantial risk of loss to the grain depositors and sellers indemnity fund caused by the possible insolvency of the grain dealer based on a statistical model provided in section 203.22.

7.  "Grain" means any grain for which the United States department of agriculture has established standards including, but not limited to, corn, wheat, oats, soybeans, rye, barley, grain sorghum, flaxseeds, sunflower seed, spelt (emmer) and field peas.

8.  "Grain dealer" means a person who buys during any calendar month one thousand bushels of grain or more directly from the producers of the grain for purposes of resale, milling, or processing. However, "grain dealer" does not include any of the following:

a.  A producer of grain who is buying grain for the producer's own use as seed or feed.

b.  A person solely engaged in buying grain future contracts on the board of trade.

c.  A person who purchases grain only for sale in a feed regulated under chapter 198.

d.  A person who purchases grain only from grain dealers licensed under this chapter.

e.  A person engaged in the business of selling agricultural seeds regulated by chapter 199.

f.  A person buying grain only as a farm manager.

g.  An executor, administrator, trustee, guardian, or conservator of an estate.

h.  A bargaining agent as defined in section 203A.1.

i.  A custom livestock feeder.

j.  A cooperative corporation organized under chapter 501, if the cooperative buys grain from producers who are members or a licensed grain dealer, and the cooperative does not resell that grain.

9.  "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.

10.  "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.

Section History: Early form

  [C75, 77, 79, 81, § 542.1; 81 Acts, ch 180, § 1-3]

Section History: Recent form

  85 Acts, ch 80, § 1, 2; 86 Acts, ch 1006, § 1; 86 Acts, ch 1152, § 1, 2; 86 Acts, ch 1245, § 669; 87 Acts, ch 147, §1; 89 Acts, ch 143, §1001; 92 Acts, ch 1239, §55

  C93, § 203.1

  95 Acts, ch 28, § 1; 96 Acts, ch 1010, § 2; 99 Acts, ch 106, §1-3

Internal References

  Referred to in §10.1, 203A.1, 715A.2

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