CHAPTER 106
PROMOTION OF IOWA AGRICULTURAL PRODUCTS AT REST AREAS
761—106.1(307) Purpose. The purpose of this chapter is to establish a program to allow Iowa agricultural products to be promoted at interstate rest areas.
761—106.2(307) Definitions.
“Iowa agricultural product” means a product grown or raised in Iowa.
761—106.3(307) Information. General information regarding agricultural promotions at interstate rest areas is available from the Office of Maintenance, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010, or the department’s website at www.iowadot.gov.
[ARC 3561C, IAB 1/3/18, effective 2/7/18]
761—106.4(307) Request.
	106.4(1) A request to promote an Iowa agricultural product at an interstate rest area shall be made on Form 810059. This form is available from the department’s district offices, the office of maintenance or the department’s website.
	a. 	The sponsor of the promotion must be an organization that promotes products grown or raised in Iowa.
	b. 	The request shall include the name and address of the requesting organization, a detailed description of the proposed Iowa agricultural product promotion, and the requested hours of operation.
	c. 	The request shall be submitted to the office of maintenance.
	d. 	The request must be submitted at least 30 days prior to the beginning date of the promotional period and shall be accepted up to six months in advance.
	106.4(2) Approval of request. The request is subject to the approval of the office of maintenance.
	a. 	A request to promote an Iowa agricultural product at an interstate rest area shall not be approved until 60 days before the beginning date of the promotional period.
	b. 	If there is more than one qualifying request for the same site and date, the sponsor shall be selected by lottery.
	c. 	There may be more than one sponsor per day at each site, provided the first sponsor and the department approve any additional sponsors.
[ARC 3561C, IAB 1/3/18, effective 2/7/18]
761—106.5(307) Time frame. Promotions shall be allowed only during daylight hours. Promotions shall be allowed year-round except for the following holiday periods:
	1.	Memorial Day weekend and Labor Day weekend, starting at noon on the preceding Friday and ending at midnight between Monday and Tuesday of the holiday weekend.
	2.	The period surrounding Independence Day, starting at noon on July 1 and ending at midnight between July 6 and July 7.
	3.	The period surrounding Thanksgiving starting at noon the day before Thanksgiving and ending at midnight between Sunday and Monday of the holiday weekend.
	4.	The period surrounding Christmas starting at noon on December 23 and ending at midnight between December 26 and December 27.
[ARC 3561C, IAB 1/3/18, effective 2/7/18]
761—106.6(307) Conditions.
	106.6(1) Signs.
	a. 	The sponsor shall not place any signs directing highway traffic to the promotion, nor shall it place any signs for the promotion along the interstate highway or interchange ramps.
	b. 	The sponsor may provide two signs approximately 4 feet by 4 feet announcing the promotion. If the signs meet the department’s specifications, the signs shall be installed by the department, not by the sponsor. The department shall remove these signs when the promotion is over.
	106.6(2) Promotion. A sponsor may distribute literature only if it is directly related to the promoted Iowa agricultural product.
	106.6(3) Sample restrictions.
	a. 	Samples must be Iowa agricultural products.
	b. 	Samples shall be for free distribution only; no sales or donations shall be allowed.
	c. 	No bread or buns shall be served with food samples.
	d. 	Food samples shall be no larger than approximately 1-inch cubes.
	e. 	Beverage samples shall be no larger than 6 ounces.
	f. 	Water may be provided as a beverage with samples.
	106.6(4) Liability. The sponsor shall save the department of transportation and the state of Iowa harmless from any liability that may result from the directing of traffic to the promotion, and as a result of changes of traffic patterns caused by the activities of the sponsor in or about the rest area, and all other liability related to the operation of the promotion at the rest area.
	106.6(5) Miscellaneous.
	a. 	Live animals are not allowed.
	b. 	Alcoholic beverages are not allowed.
	c. 	The sponsor is responsible for litter pickup and disposal.
761—106.7(307) Site location. The department shall designate an appropriate spot within the interstate rest area for the promotion. The sponsor shall not use the rest area restroom building or welcome center buildings for the purposes of the promotion. The sponsor may use the information kiosk where available. A tent or canopy may be used in areas without a kiosk during inclement weather. Running water is available at each rest area. The department will provide electricity to the first sponsor if requested. However, electrical outlets are limited and may not be available to additional sponsors.
These rules are intended to implement Iowa Code section 307.12 and 1995 Iowa Acts, chapter 18, section 2.
[Filed 5/23/96, Notice 4/10/96—published 6/19/96, effective 7/24/96]
[Filed 3/13/02, Notice 2/6/02—published 4/3/02, effective 5/8/02]
[Filed ARC 3561C (Notice ARC 3366C, IAB 10/11/17), IAB 1/3/18, effective 2/7/18]