08/11/2023 11:2525:9D2CFFF3-B31E-4E6C-B7B7-841BB236352D53159DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIPIGENERAL PROVISIONS159.1Definitions.For the purposes of subtitles 1 through 3 of this title, excluding chapters 161A and 161C, unless otherwise provided:1“Department” means the department of agriculture and land stewardship and if the department is required or authorized to do an act, unless otherwise provided, the act may be performed by an officer, regular assistant, or duly authorized agent of the department.2“Person” includes an individual, a corporation, company, firm, society, or association; and the act, omission, or conduct of any officer, agent, or other person acting in a representative capacity shall be imputed to the organization or person represented, and the person acting in such capacity shall also be liable for violation of subtitles 1 through 3 of this Title, excluding chapters 161A and 161C.3“Secretary” means the secretary of agriculture.[S13, §1657-b; C24, 27, 31, 35, 39, §2586; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §159.1]86 Acts, ch 1245, §604; 91 Acts, ch 74, §1; 92 Acts, ch 1163, §3894 Acts, ch 1023, §13; 97 Acts, ch 193, §1; 2010 Acts, ch 1061, §33, 34; 2015 Acts, ch 30, §63159.2Objects of department.The objects of the department of agriculture and land stewardship shall be:1To encourage, promote, and advance the interests of agriculture, including horticulture, livestock industry, dairying, cheese making, poultry raising, biofuels, beekeeping, production of wool, production of domesticated fur-bearing animals, and other kindred and allied industries.2To encourage a relationship between people and the land that recognizes land as a resource to be managed in a manner that avoids irreparable harm.3To develop and implement policies that inspire public confidence in the long-term future of agriculture as an economic activity as well as a way of life.4To administer efficiently and impartially the inspection service of the state as is now or may hereafter be placed under its supervision.[S13, §1657-b, -g; C24, 27, 31, 35, 39, §2587; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §159.2]86 Acts, ch 1245, §605; 2012 Acts, ch 1095, §1159.3Cooperation.1The department and the Iowa state university of science and technology shall cooperate in all ways that may be beneficial to the agricultural interests of the state, but without duplicating research or educational work conducted by the university. This section does not subordinate either the department or the university in their spheres of action.2The department may cooperate with the United States department of agriculture as the department deems wise and just.[C97, §1677; S13, §1657-g; C24, 27, 31, 35, 39, §2588; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §159.3]86 Acts, ch 1245, §606159.4Location.The department of agriculture and land stewardship shall be located at the seat of government.[C97, §1678; SS15, §2507; C24, 27, 31, 35, 39, §2589; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §159.4]159.5Powers and duties.The secretary of agriculture is the head of the department of agriculture and land stewardship which shall:1Carry out the objects for which the department is created and maintained.2Establish and maintain such divisions in the department as are necessary for the proper enforcement of the laws administered by it.3Consolidate 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.4Maintain a climatology bureau which shall, in cooperation 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 bureau 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.5Issue 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.6Cooperate with the United States department of agriculture statistical reporting service, to 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. 7Cooperate with the agricultural marketing service of the United States department of agriculture to collect and disseminate data and information relative to the market prices and conditions of agricultural products raised, produced, and handled in the state. 8Inspect and supervise all meat, poultry, or dairy 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 meat, poultry, or dairy products in a manner detrimental to the character or quality of those products.9Approve all methods of probing for foreign material content of any type of grain.10Establish, 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 and 161C, and for the enforcement of the various laws, the administration and supervision of which are imposed upon the department.11aEstablish a swine tuberculosis eradication program including but not limited to all of the following:1The 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.2Ear tagging or otherwise physically marking all swine reacting positively to tests for tuberculosis.3Condemning any swine which has tuberculosis.4Depopulating any swine herd where tuberculosis is found to be generally present.bIf 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 163.12Create and maintain a division of soil conservation and water quality as provided in chapter 161A. The division’s director shall be appointed by the secretary and shall serve at the pleasure of the secretary. The director shall be the administrator responsible for carrying out the provisions of chapters 207 and 208.13Establish and administer programs for the inspection and control of disease among livestock as defined in section 717.1.14In the administration of programs relating to water quality improvement and watershed improvements, cooperate with the department of natural resources in order to maximize the receipt of federal funds.1.[C24, 27, 31, 35, 39, §2590; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §159.5]2.[S13, §1657-g; C24, 27, 31, 35, 39, §2590; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §159.5]3.[C24, 27, 31, 35, 39, §2590; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §159.5]4.[C97, §1677, 1678; C24, 27, 31, 35, 39, §2590; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §159.5]5.[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]6.[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]7.[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]8.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §159.5]9.[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]10.[C79, 81, S81, §159.5(10)]11.[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)]12.[C46, 50, 54, 58, 62, 66, §185.2; C71, 73, 75, 77, §159.5(11); C79, 81, S81, §159.5(12)]13.[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; 99 Acts, ch 96, §15; 2000 Acts, ch 1038, §1; 2003 Acts, ch 74, §1; 2006 Acts, ch 1030, §16; 2007 Acts, ch 211, §36; 2009 Acts, ch 41, §57; 2010 Acts, ch 1061, §35; 2012 Acts, ch 1095, §2 – 5; 2015 Acts, ch 103, §24; 2017 Acts, ch 159, §1; 2019 Acts, ch 128, §1; 2021 Acts, ch 149, §1; 2024 Acts, ch 1170, §1; 2025 Acts, ch 156, §26Subsection 11, paragraph a, subparagraph (5) stricken159.6Additional duties.In addition to the duties imposed by section 159.5 the department shall enforce the law relative to:1Infectious and contagious diseases among animals, chapter 163.2Eradication of bovine tuberculosis, chapter 165.3Classical swine fever virus and classical swine fever serum, chapter 166.4Use and disposal of dead animals, chapter 167.5Practice of veterinary medicine and surgery, chapter 169.6Regulation and inspection of foods, drugs, and other articles, as provided in subtitle 4. However, chapter 205 shall be enforced as provided in that chapter. Except as expressly authorized in subtitle 4, the department shall not regulate any of the following:aThe production, processing, labeling, marketing, or distribution of raw milk by a raw milk producer in compliance with chapter 195.bThe manufacture, labeling, marketing, or distribution of a raw milk product or raw milk dairy product by a raw milk producer in compliance with chapter 195.7State aid received by certain associations as provided in chapters 176A through 182, 186, and 352.8Coal mining and mines as set forth in chapters 207 and 208.9Soil and water conservation as set forth in chapters 161A, 161C, 161E, and 161F.10Grain dealers as set forth in chapter 203.11Bonded warehouses for agricultural products as set forth in chapter 203C.12The grain depositors and sellers indemnity fund as set forth in chapter 203D.[C24, 27, 31, 35, 39, §2591; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §159.6]86 Acts, ch 1245, §609; 88 Acts, ch 1053, §1; 88 Acts, ch 1134, §33, 34; 89 Acts, ch 83, §30; 89 Acts, ch 197, §24; 90 Acts, ch 1009, §1; 94 Acts, ch 1023, §15; 98 Acts, ch 1032, §1, 2; 2002 Acts, ch 1017, §2, 8; 2003 Acts, ch 44, §40, 116; 2003 Acts, ch 69, §23; 2004 Acts, ch 1082, §4; 2012 Acts, ch 1095, §33; 2017 Acts, ch 159, §2; 2023 Acts, ch 75, §7159.6AContributions.The department may accept contributions, including gifts and grants, in order to carry out and administer the provisions of this chapter and chapter 460, subchapter III. The department shall maintain an itemized accounting of the contributions. At the end of each fiscal year, the department shall prepare a list recognizing private contributors.92 Acts, ch 1239, §25159.7Intake airprobes not approved.The secretary shall not approve the use of end intake airprobes, which use a vacuum to collect a sample from a load of grain, pursuant to section 159.5, subsection 9. A person who uses a method of probing for foreign material content of grain which is not approved by the secretary is guilty of a simple misdemeanor.[C81, §159.7]159.8Comprehensive management plan highly erodible acres.1The department shall request cooperation from the federal government, including the United States department of agriculture consolidated farm service agency and the United States department of agriculture natural resources conservation service, to investigate methods to preserve land which is highly erodible, as provided in the federal Food Security Act of 1985, 16 U.S.C. §3801 et seq., for the purpose of developing with owners of the land a comprehensive management plan for the land. The plan may be based on the soil conservation plan of the natural resources conservation service and may include a farm unit conservation plan and a comprehensive agreement as provided in chapter 161A. The extension services at Iowa state university of science and technology shall cooperate with the department in developing the comprehensive plan.2The investigation shall include methods which help to preserve highly erodible land from row crop production through production of alternative commodities, and financial incentives. 89 Acts, ch 188, §1; 95 Acts, ch 216, §25; 2012 Acts, ch 1095, §8159.9Internet access to statutes and rules.The statutes relating to and rules adopted by the department shall be made available on the internet.[C24, 27, 31, 35, 39, §2594; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §159.9]2012 Acts, ch 1095, §6159.10Reserved.159.11Reserved.159.12Reserved.159.13Reserved.159.14Bonds.Repealed by 2012 Acts, ch 1095, §7.159.15Biennial report.Repealed by 2001 Acts, ch 129, §7. 159.16Duty of peace officers.All peace officers of the state when called upon by the secretary or any officer or authorized agent of the department shall enforce its rules and execute its lawful orders within their respective jurisdictions, and upon the request of the secretary such officers shall make such inspections as directed by the secretary and report the results thereof to the secretary.[C24, 27, 31, 35, 39, §2601; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §159.16]159.17Interference with department.Any person resisting or interfering with the department, its employees or authorized agents, in the discharge of any duty imposed by law shall be guilty of a simple misdemeanor.[C97, §2526; S13, §2528-c, -f3, 4999-a25, -a39, 5077-a23; SS15, §3009-r; C24, 27, 31, 35, 39, §2602; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §159.17]159.18Publicizing of farm programs.1As used in this section, “farm programs” includes but is not limited to financial incentive programs established within the department’s division of soil conservation and water quality as provided in section 161A.70 and the beginning farmer loan program administered by the Iowa finance authority as provided in chapter 16.2The department shall publicize the availability of farm programs to women and minority persons. The department shall disseminate the information electronically or by publishing printed brochures for distribution to locations and institutions serving farmers, including departmental offices, financial institutions participating in farm programs, and soil and water conservation district offices.3The department shall cooperate with private institutions and public agencies in order to carry out this section, including the economic development authority and the United States department of agriculture.2000 Acts, ch 1224, §25; 2011 Acts, ch 118, §85, 89; 2013 Acts, ch 100, §22, 27; 2014 Acts, ch 1080, §83, 98; 2015 Acts, ch 103, §25159.19Salary.The salary of the secretary of agriculture shall be as fixed by the general assembly.[C31, 35, §2603-c1; C39, §2603.01; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §159.19]IIAGRICULTURAL MARKETING1GENERAL159.20Powers of department.1The department shall perform duties designed to lead to more advantageous marketing of Iowa agricultural commodities. The department may do any of the following:aInvestigate the marketing of agricultural commodities.bPromote the sale, distribution, and merchandising of agricultural commodities.cFurnish information and assistance concerning agricultural commodities to the public.dCooperate with the college of agriculture and life sciences of the Iowa state university of science and technology in encouraging agricultural marketing education and research.eAccumulate and diffuse information concerning the marketing of agricultural commodities in cooperation with persons, agencies, or the federal government.fInvestigate methods and practices related to the processing, handling, grading, classifying, sorting, weighing, packing, transportation, storage, inspection, or merchandising of agricultural commodities within this state.gAscertain sources of supply for Iowa agricultural commodities. The department shall prepare and periodically publish lists of names and addresses of producers and consignors of agricultural commodities.hPerform inspection or grading of an agricultural commodity if requested by a person engaged in the production, marketing, or processing of the agricultural commodity. However, the person must pay for the services as provided by rules adopted by the department.iCooperate with the economic development authority to avoid duplication of efforts between the department and the agricultural marketing program operated by the economic development authority.jProvide for the promotion and expansion of renewable fuels and coproducts, by doing all of the following:1Assist the office of renewable fuels and coproducts in administering the provisions of chapter 159A, subchapter II.2Assist the renewable fuel infrastructure board, provide for the administration of the renewable fuel infrastructure programs, and provide for the management of the renewable fuel infrastructure fund, as provided in chapter 159A, subchapter III.2The department shall administer programs that advance the purchasing of agricultural commodities produced on Iowa farms and Iowa products that originate as agricultural commodities produced on Iowa farms under this title, including chapter 187.3As used in this section:a“Agricultural commodity” means any unprocessed agricultural product, including animals, agricultural crops, and forestry products grown, raised, produced, or fed in Iowa for sale in commercial channels.b“Commercial channels” means the processes for sale of an agricultural commodity or unprocessed product from the agricultural commodity to any person, public or private, who resells the agricultural commodity for breeding, processing, slaughter, or distribution.[C62, 66, 71, 73, 75, 77, 79, 81, §159.20]86 Acts, ch 1245, §610; 91 Acts, ch 254, §4; 92 Acts, ch 1163, §39; 92 Acts, ch 1239, §26 – 28; 94 Acts, ch 1119, §10; 98 Acts, ch 1032, §3; 2008 Acts, ch 1032, §27; 2009 Acts, ch 41, §58; 2010 Acts, ch 1031, §237; 2011 Acts, ch 113, §45, 56; 2011 Acts, ch 118, §85, 89; 2012 Acts, ch 1021, §121, 141, 144; 2022 Acts, ch 1152, §1; 2024 Acts, ch 1177, §2, 3, 16159.21International relations fund.1An international relations fund is created in the state treasury under the control of the department. The fund is composed of moneys appropriated by the general assembly and moneys available to and obtained or accepted by the department from the United States or private sources for placement in the fund.2Moneys in the fund are subject to an annual audit by the auditor of state. The fund is subject to warrants written by the director of the department of administrative services, drawn upon the written requisition of the department.3Moneys in the fund are appropriated exclusively to support costs incurred by the department related to promoting the sale of Iowa agricultural commodities and agricultural products to government officials and business leaders of other nations. The department may use moneys in the fund to support travel, including international travel, for the secretary of agriculture or the secretary’s designee, and hosting or attending trade missions, functions, or events.4Section 8.33 shall not apply to moneys in the fund. Notwithstanding section 12C.7, moneys earned as income or interest from the fund shall remain in the fund until expended as provided in this section.2000 Acts, ch 1224, §26; 2003 Acts, ch 145, §286159.22Grants and gifts of funds.The secretary may accept grants and allotments of funds from the federal government and enter into cooperative agreements with the United States department of agriculture for projects to effectuate a purpose described in this subchapter.[C62, 66, 71, 73, 75, 77, 79, 81, §159.22]91 Acts, ch 254, §5; 92 Acts, ch 1239, §29159.23Special fund.All fees collected as a result of the inspection and grading provisions set out in this chapter shall be paid into the state treasury, there to be set aside in a separate fund which is hereby appropriated for the use of the department except as indicated. Withdrawals from the fund shall be by warrant of the director of the department of administrative services upon requisition by the secretary of agriculture. The fund shall be continued from year to year, provided, however, that if there be any balance remaining at the end of the biennium which, in the opinion of the governor, director of the department of management, and secretary of agriculture, is greater than necessary for the proper administration of the inspection and grading program referred to in this section, the treasurer of state is hereby authorized on the recommendation and with the approval of the governor, director of the department of management, and secretary of agriculture to transfer to the general fund of the state that portion of such account as they shall deem advisable.[C62, 66, 71, 73, 75, 77, 79, 81, §159.23]92 Acts, ch 1239, §30; 2003 Acts, ch 145, §286; 2015 Acts, ch 29, §114; 2020 Acts, ch 1063, §66159.24Grades or classifications of farm products.A certificate of the grade, or other classification, of any farm products issued under this chapter shall be accepted in any court of this state as prima facie evidence of the true grade or classification of such farm products as the same existed at the time of their classification.[C62, 66, 71, 73, 75, 77, 79, 81, §159.24]92 Acts, ch 1239, §31159.25Iowa seal.1A seal for agricultural products shall be created under the direction of the department of agriculture and land stewardship to identify agricultural products that have been produced or processed in the state. The department shall certify that agricultural products marked with the Iowa seal are of the quality and specifications warranted by the sellers of those products.2The department of agriculture and land stewardship shall adopt rules under chapter 17A to provide methods of identifying, marking, and grading agricultural products, to prevent any misleading use of the Iowa seal, and as necessary or advisable to fully implement this section.3aA violation of a rule adopted by the department of agriculture and land stewardship to implement this section is a simple misdemeanor.bA fraudulent use of the term “Iowa Seal” or of the identifying mark for the Iowa seal, or a deliberately misleading or unwarranted use of the term or identifying mark is a serious misdemeanor.87 Acts, ch 107, §1CS87, §159.312003 Acts, ch 48, §7CS2003, §159.272017 Acts, ch 54, §30; 2022 Acts, ch 1152, §8C2023, §159.252CHOOSE IOWA PROMOTIONAL PROGRAM159.26Definitions.Repealed by 2024 Acts, ch 1177, §12, 16.159.27Administration.Repealed by 2024 Acts, ch 1177, §12, 16.159.28Choose Iowa promotional program.Transferred to §187.301; 2024 Acts, ch 1177, §14.159.29Choose Iowa logo.Transferred to §187.302; 2024 Acts, ch 1177, §14.159.30Choose Iowa licensing agreement fees.Transferred to §187.303; 2024 Acts, ch 1177, §14.159.31Choose Iowa fund.Transferred to §187.201; 2024 Acts, ch 1177, §14.3DAIRY INNOVATION FUND AND PROGRAM159.31ADairy innovation and revitalization program.Transferred to §187.311; 2024 Acts, ch 1177, §14.IIIDEPOSITARIES — ASSISTANCESERVICES159.32Definitions.As used in this subchapter, unless the context otherwise requires:1“Depositary” means a qualified person who executes a contract with the department pursuant to section 159.33 to provide assistance services as provided in this subchapter.2“Electronic funds transfer” means a remote electronic transmission used for ordering, instructing, or authorizing a financial institution to apply money to or credit the account of the payee and debit the account of the payer. The remote electronic transmission may be initiated by telephone, computer, or similar device.3“Filing document” means any of the following:aAn application for a license, permit, or certification, required to be submitted to the department as provided in this title.bA registration required to be submitted to the department as provided in this title.4“Filing document fee” means a fee or other charge established by statute or rule which is required to accompany a filing document submitted to the department as provided in this title.2003 Acts, ch 48, §2159.33Assistance services — authority to contract with depositary.Whenever practical, the department may execute a contract with a person qualified to provide assistance services under this subchapter, if the contract for the assistance services is cost-effective and the quality of the services ensures compliance with state and any applicable federal law. A person executing a contract with the department for the purpose of providing the assistance services shall be deemed to be a depositary of the state and an agent of the department only for purposes expressly provided in this subchapter. The department shall periodically review assistance services performed by a person under the contract to ensure that quality, cost-effective service is being provided.2003 Acts, ch 48, §3159.34Assistance services — filing documents.1A contract executed under this subchapter may require that a depositary provide for the receipt, acceptance, and storage of filing documents that are sent in an electronic format to the depositary by persons who would otherwise be required to submit filing documents to the department under other provisions of this title. The contract shall be governed under the same provisions as provided in section 8A.106.2aA depositary must send filing documents that it receives to the department for processing, including for the approval or disapproval of an application or the acknowledgment of a registration. The receipt of the filing document by the depositary shall be deemed receipt of the filing document but not an approval of an application or acknowledgment of a registration by the department.bA depositary may send a person notice of the department’s approval or disapproval of an application or acknowledgment of a registration. The department and not a depositary shall be considered the lawful custodian of the department’s filing documents which shall be public records as provided in chapter 22.3A filing document that is transmitted electronically to a depositary or from a depositary to another person is an electronic record for purposes of chapter 554D. An application or registration required to be signed must be authenticated by an electronic signature as provided by the department in conformance with chapter 554D.2003 Acts, ch 48, §4; 2004 Acts, ch 1101, §25159.35Assistance services — collection of moneys.1A contract executed under this subchapter may require that a depositary provide for the receipt, acceptance, and transmission of moneys owed to the department by a person in order to satisfy a liability arising from the operation of law which is limited to filing document fees and civil penalties. These moneys are public funds or public deposits as provided in chapter 12. The depositary shall transfer the moneys to the department for deposit into the general fund of the state unless the disposition of the moneys is specifically provided for under other law.2A depositary may commit its assets to lines of credit pursuant to credit arrangements, including but not limited to agreements with credit and debit cardholders and with other credit or debit card issuers. The depositary may accept forms of payment including credit cards, debit cards, or electronic funds transfer.3The moneys owed to the department shall not exceed the amount required to satisfy the liability arising from the operation of law. However, the contract executed under this subchapter may provide for assistance service charges, including service delivery fees, credit card fees, debit card fees, and electronic funds transfer charges payable to the depositary or another party and not to the state. An assistance service charge shall not exceed that permitted by statute. The contract may also provide for the retention of interest earned on moneys under the control of the depositary. These moneys are not considered public funds or public deposits as provided in chapter 12.4The depositary, as required by the department for purposes of determining compliance, shall send information to the department including payment information for an identified filing document fee or the payment of a specific civil penalty.5Each calendar year, the auditor of state shall conduct an annual audit of the activities of the depositary.2003 Acts, ch 48, §5159.36Filing documents and payment of moneys to department.Nothing in this subchapter shall prevent a person from submitting a filing document or making a payment to the department as otherwise provided in this title.2003 Acts, ch 48, §6IVSPECIAL QUALITY GRAINS159.37Special quality grains electronic bulletin board.Repealed by 2001 Acts, ch 129, §7.