CHAPTER 1
ADMINISTRATION
[Prior to 2/24/88, see Agriculture Department, 30—Chapter 1]
21—1.1(159) Organization.
	1.1(1) “Department” means the department of agriculture and land stewardship.
	1.1(2) “Secretary” means the secretary of agriculture who is the head of the department.
	1.1(3) The deputy secretary of agriculture advises the secretary and has the statutory authority to perform any of the duties required or authorized of the secretary in the secretary’s absence or through explicit directions or tacit consent.
	1.1(4) The department is organized into three branches known as the consumer protection and regulatory affairs division, the market development and administrative services division, and the soil conservation division. A division director heads each division. The directors assist the secretary in the implementation of the secretary’s policies within the various bureaus, laboratories, and units assigned to that division. The directors shall also assist the secretary in supervising the work of the various bureaus and units assigned to that division, provide the expertise of their division to other divisions where appropriate, and perform other duties as assigned by the secretary.
	1.1(5) The agricultural development authority is a semiautonomous agency functioning within the department to provide a beginning farmer loan program and other agricultural financing programs. The powers of the agricultural development authority are vested in a board of directors, and its rules appear at 25—Chapter 1, et seq., Iowa Administrative Code. The executive director is appointed by a selection and tenure committee composed of the secretary and the chairperson and vice chairperson of the agricultural development authority’s board of directors.
	1.1(6) The grain indemnity fund board is an autonomous agency of which the secretary is president. The board operates in conjunction with the grain warehouse bureau of the department, determining and providing for payment of claims which arise as a result of the failure of a grain dealer or warehouse operator and administering the Iowa grain depositors and sellers indemnity fund. The rules for the board’s organization and operations and its procedures for resolving claims appear in 21—Chapters 63 and 64, Iowa Administrative Code.
	1.1(7) The Iowa board of veterinary medicine is an autonomous agency functioning within the department to provide for the licensing and disciplining of veterinarians and veterinary assistants. The powers of the Iowa board of veterinary medicine are vested in the board pursuant to Iowa Code chapter 169, and its rules appear at 811—Chapter 1, et seq., Iowa Administrative Code. The secretary appoints the state veterinarian who, pursuant to Iowa Code section 169.5, serves as secretary to the board.
21—1.2(159) Consumer protection and regulatory affairs division. In addition to the duties outlined in subrule 1.1(4), the director of the consumer protection and regulatory affairs division advises the secretary of activities and any impending or potential problems that have come to the attention of the division’s personnel. The director shall serve as a liaison between the department and the attorney general’s office and county attorney offices. The bureaus and laboratories under the supervision of the consumer protection and regulatory affairs division are as follows:
	1.2(1) Animal industry bureau. The animal industry bureau is under the direction of the state veterinarian and consists of the following units:
	a. 	Animal health. This unit conducts brucellosis, pseudorabies, and tuberculosis control and eradication programs; issues quarantines and approves premises for receiving animals of unknown health status for feeding or isolation while under quarantine; monitors and investigates reports of foreign animal diseases; inspects and licenses cattle dealers, pig dealers, auction markets, hatcheries, and rendering plants; registers cattle brands; provides secretarial help, supplies and facilities for the board of veterinary medicine; maintains the capability to react to emergency situations; and maintains liaison with livestock producer groups.
	b. 	Animal welfare. This unit licenses and regulates facilities that engage in commercial activities relating to animals in the pet industry including, but not limited to, pet stores, dog and cat breeders and dealers, animal shelters and pounds, and kennels.
	1.2(2) Commercial feed and fertilizer bureau. The commercial feed and fertilizer bureau licenses feed mills and commercial feed manufacturing facilities; registers feed and stock tonic products; collects commercial feed tonnage fees; inspects medicated feed in accordance with Food and Drug Administration (FDA) rules and regulations; licenses and registers fertilizer plants and products; collects, compiles, and distributes data on plant food consumption; collects commercial fertilizer tonnage fees and groundwater protection fees; approves, inspects and regulates all anhydrous ammonia installations; and licenses, samples, evaluates and certifies all limestone quarries.
	1.2(3) Dairy products control bureau. This bureau conducts a statewide program of dairy products control and regulates all phases of production, processing, and manufacturing of Grade A and Grade B dairy foods (manufacturing milk), dairy food, milk and dairy products, and other by-products. The dairy program is a part of a national regulatory scheme which provides for the interstate shipment of raw milk, pasteurized milk, and dairy products.
	1.2(4) Grain warehouse bureau. This bureau licenses, inspects and examines grain dealers and grain warehouse facilities and reviews financial statements of licensees to ensure compliance with requirements including payment of fees into the grain indemnity fund. The bureau also reviews claims made against the fund and makes recommendations on those claims to the grain indemnity fund board, upon which the board takes action.
	1.2(5) Meat and poultry inspection bureau. This bureau enforces and administers Iowa Code chapter 189A, the meat and poultry inspection Act. It is a cooperative program with the United States Department of Agriculture. The program must maintain an “equal to” status with the federal Wholesome Meat and Poultry Products Inspection Acts. This bureau conducts inspections of facilities, animals, products, and labeling and exercises processing controls and reinspection of meat and poultry products for intrastate commerce.
	1.2(6) Pesticide bureau. The pesticide bureau registers pesticide products, licenses and certifies pesticide applicators, establishes programs for best management practices of agricultural chemicals, monitors consumer products for pesticide residues, implements pesticide enforcement and certification programs of the Environmental Protection Agency, and cooperates with the department of natural resources and other agencies.
	1.2(7) Weights and measures bureau. This bureau inspects and licenses for commercial use all weights and measures or weighing and measuring devices; conducts petroleum products sampling and testing, tests and certifies antifreeze, and conducts random package and labeling inspections of products offered for sale; registers and licenses all service agencies and persons who service or repair commercial weighing and measuring devices; approves or rejects all blueprints on new scale installations; and approves or rejects bonds for scale installation. The bureau maintains the state metrology laboratory and, following the rules and regulations of the National Institute of Standards and Technology and using the weights and measures standards that are traceable to the National Institute of Standards and Technology, adjusts, certifies and seals weights and measures used by state inspectors, commercial repairers and private industry.
	1.2(8) Entomology and seed laboratory. This laboratory licenses establishments selling or distributing seeds that are sold for agricultural purposes; controls the movement of serious insect pests and plant diseases, including those under federal quarantine; and inspects nursery stock growers and dealers.
	1.2(9) Feed, fertilizer, vitamin and drug laboratory. This laboratory analyzes feed and fertilizer samples to ensure that they comply with the guaranteed analysis. The laboratory analyzes medicated feed samples to ensure that they are manufactured and used in accordance with Food and Drug Administration (FDA) regulations. The laboratory also analyzes milk products for added vitamins A and D3.
	1.2(10) Food, meat, poultry and dairy laboratory. The food, meat, poultry and dairy laboratory analyzes samples to detect bacterial contamination and determine the composition of the product and substances added to determine wholesomeness and safety; certifies private dairy laboratories in the state; and tests public and private water supplies for bacteria and nitrate content.
	1.2(11) Pesticide residue and formulation laboratory. The pesticide residue and formulation laboratory analyzes samples collected from pesticide retail establishments, from pesticide manufacturers to determine if pesticides have been used and produced properly, and during use/misuse investigations.
21—1.3(159) Market development and administrative services division. In addition to the duties outlined in subrule 1.1(4), the director of the market development and administrative services division assists the secretary in the preparation and presentation of the department’s budget to the governor and the general assembly. The division provides personnel services and works with the secretary and other divisions in the selection, hiring, and most phases of employment record keeping and processing relative to pay, benefits, and employee status changes in relation to the department. The director shall serve as a liaison between the department and the department of management, the department of personnel, and the state auditor. The bureaus and units under the supervision of the division are as follows:
	1.3(1) Accounting bureau. The accounting bureau handles all accounting functions for the department, manages grants, formulates budget recommendations, performs various other business functions including the paying of bills and vouchers, and maintains adequate inventory of laboratory supplies.
	1.3(2) Agricultural diversification and market development bureau. This bureau processes applications for organic certification and works closely with the Iowa organic standards board to ensure approval of those applications that meet state and federal regulations. This bureau provides marketing opportunities for diversified agricultural products throughout the state.
	1.3(3) Agricultural marketing bureau. This bureau works with the various boards of Iowa agricultural organizations to assist and support their respective marketing efforts. The bureau also seeks new opportunities to assist Iowa’s private firms to find markets for their products. Additionally, the bureau provides Iowa livestock and grain producers with essential market information on a timely basis through the market news reporting service, a joint effort with the United States Department of Agriculture.
	1.3(4) Agricultural statistics bureau. This bureau collects, prepares and publishes annual state farm census and other periodic research data, such as production figures, utilization of feed grains, grain stocks on hand, price variance, and marketing data on crops and livestock.
	1.3(5) Audit bureau. The audit bureau analyzes reports filed by feed and fertilizer companies for fees paid into the general fund of the state. The bureau also makes audits to check for compliance with check-off law for the commodity promotion boards.
	1.3(6) Climatology bureau. This bureau collects data and keeps records on rainfall, snowfall, snowmelt, frost and sun days, and prepares various reports including publishing maps showing data by region.
	1.3(7) Horse and dog bureau. This bureau promotes the Iowa horse and dog breeding industry by registering qualified Iowa-foaled horses and Iowa-whelped dogs and working in cooperation with the racing industry. The bureau administers the payment of breeder awards to the breeders of qualified winning horses and dogs.
	1.3(8) Horticulture and farmers market bureau. This bureau includes the following units:
	a. 	Horticulture. This unit lends direction, continuity, leadership, and administrative services and guidance to the Iowa horticulture industry. The horticulture unit works with the Iowa State Horticultural Society to promote and encourage horticulture with the individual affiliate groups and the Iowa State Horticultural Society as a whole. The unit identifies and helps determine the market potential for horticultural crops such as ornamental plants, fruits and vegetables, Christmas trees, herbs, mushrooms, grapes, nuts and turf products. The horticulture unit monitors the conditions of the industry and identifies, collects, and distributes pertinent information concerning horticulture and related interests. The unit acts as a resource for horticultural producers and provides referrals for assistance in marketing, production, financial aid, disaster programs, and regulatory issues. The horticulture unit acts as a liaison between industry organizations, other state and federal agencies, universities, noncommercial horticultural groups, and the agricultural community.
	b. 	Farmers markets. This unit assists in the organization and improvement of farmers markets throughout the state. The unit collects and distributes information pertinent to the markets and provides market managers assistance in vendor recruitment, market promotion, and regulatory issues.
	c. 	Farmers market nutrition programs. This unit administers programs designed to (1) provide a supplemental source of fresh, locally grown fruits and vegetables for women, infants, and children, seniors, and other clients; and (2) increase the production, distribution, and consumption of locally grown fruits and vegetables.
	1.3(9) Information. This unit is staffed by information specialists who prepare informational material for the public benefit under the direction of the secretary. The information specialists prepare information for use through the media including newspapers, radio, television, and magazines. Information specialists are also responsible for drafting brochures and cooperating with other state agencies in disseminating agricultural information and education.
	1.3(10) Renewable fuels and coproducts. This unit furthers the economic development of Iowa by adding value to Iowa’s agricultural commodities by facilitating increased production and consumption of products made from Iowa’s agricultural commodities and by encouraging production and use of renewable fuels and coproducts.
21—1.4(159) Soil conservation division. In addition to the duties outlined in subrule 1.1(4), the director of the soil conservation division advises the secretary on soil and water conservation matters and works with the state soil conservation committee in the adoption of rules relating to soil conservation, water resources, and mining. The division performs duties as designated in the Code of Iowa. The bureaus of the soil conservation division are as follows:
	1.4(1) Field services bureau. This bureau works with elected soil and water conservation district commissioners and division of soil conservation personnel assigned to soil and water conservation districts. The bureau also coordinates water quality and watershed protection projects awarded to soil and water conservation districts.
	1.4(2) Financial incentives bureau. This bureau works to control erosion on all agricultural land and administers incentive programs for the establishment of land treatment measures. The bureau also provides assistance and guidance to soil and water conservation districts.
	1.4(3) Mining bureau. This bureau provides for the reclamation and conservation of land affected by surface mining. The bureau carries out coal regulatory and abandoned mine land programs and also regulates limestone and gypsum quarries, sand and gravel pits, and other mineral extraction operations.
	1.4(4) Water resources bureau. This bureau coordinates water resources programs, including agricultural drainage well closures, watershed project development, and the conservation reserve enhancement program. The bureau also provides technical support on wetland issues, nutrient management, and other division programs.
These rules are intended to implement Iowa Code sections 17A.3 and 17A.4 and Iowa Code chapter 159.
[Filed 12/8/75, Notice 11/3/75—published 12/29/75, effective 2/2/76]
[Filed 3/30/77, Notice 2/23/77—published 4/20/77, effective 5/26/77]
[Filed 1/13/84, Notice 12/7/83—published 2/1/84, effective 3/7/84]
[Filed 2/5/88, Notice 12/30/87—published 2/24/88, effective 3/30/88]
[Filed emergency 7/8/88 after Notice 6/1/88—published 7/27/88, effective 7/8/88]
[Filed 12/24/98, Notice 11/4/98—published 1/13/99, effective 2/17/99]
[Filed 5/5/02, Notice 2/6/02—published 5/29/02, effective 7/3/02]