190CORGANIC AGRICULTURAL PRODUCTSIDEFINITIONS190C.1Definitions.As used in this chapter, unless the context otherwise requires:1“Agricultural product” means any agricultural commodity or product, whether raw or processed, including any commodity or product derived from livestock, that is marketed in this state for human or livestock consumption.2“Crop” means a plant or part of a plant intended to be marketed as an agricultural product or fed to livestock.3“Department” means the department of agriculture and land stewardship.4“Handler” means a person engaged in the business of handling agricultural products, including producers who handle crops or livestock of their own production, except such term shall not include final retailers of agricultural products that do not process agricultural products.5“Label” means a display of written, printed, or graphic material on the immediate container of an agricultural product or any such material affixed to any agricultural product or affixed to a bulk container containing an agricultural product, except for package liners or a display of written, printed, or graphic material which contains only information about the weight of the product.6“Livestock” means any cattle, sheep, goats, swine, poultry, or equine animals used for food or in the production of food, fiber, feed, or other agricultural-based consumer products; wild or domesticated game; or other nonplant life, except such term shall not include aquatic animals or bees for the production of food, fiber, feed, or other agricultural-based consumer products.7“National organic program” means the program administered by the United States department of agriculture pursuant to 7 C.F.R. pt. 205, which implements the federal Organic Food Production Act of 1990, 7 U.S.C. §6501 et seq.8“Organic” means a labeling term that refers to an agricultural product produced in accordance with this chapter.9“Organic agricultural product” means an agricultural product that is certified or otherwise qualifies as organic in accordance with the provisions of this chapter as they existed on and after May 20, 1998.10“Processing” means cooling, baking, curing, heating, drying, mixing, grinding, churning, separating, extracting, slaughtering, cutting, fermenting, distilling, eviscerating, preserving, dehydrating, freezing, chilling, or otherwise manufacturing, and includes the packaging, canning, jarring, or otherwise enclosing in a food container.11“Processor” means a person engaged in the business of processing.12“Producer” means a person who engages in the business of growing or producing food, fiber, feed, or other agricultural-based consumer products.13“Regional organic association” means a corporation authorized pursuant to section 190C.6.14“Retailer” means a person who sells agricultural products on a retail basis. “Retailer” includes a food establishment as defined in section 137F.1. “Retailer” also includes a restaurant, delicatessen, bakery, grocery store, or any retail outlet with an in-store restaurant, delicatessen, bakery, salad bar, or other eat-in or carry-out service of processed or prepared raw and ready-to-eat food.15“Secretary” means the secretary of agriculture who is the director of the department of agriculture and land stewardship.98 Acts, ch 1205, §1, 20; 99 Acts, ch 96, §19; 2003 Acts, ch 104, §1, 21; 2003 Acts, ch 108, §43; 2003 Acts, ch 149, §13, 232024 Acts, ch 1170, §244190C.1AOther definitions.For purposes of this chapter, words and phrases that are not defined in section 190C.1 shall have the same meanings as provided in 7 C.F.R. pt. 205.2003 Acts, ch 104, §2, 21190C.1BGeneral authority.Any provision in this chapter referring generally to compliance with the requirements of this chapter also includes compliance with requirements in rules adopted by the department pursuant to this chapter, orders issued by the department as authorized under this chapter, and the terms and conditions applicable to any certification made pursuant to this chapter.2003 Acts, ch 104, §3, 21IIADMINISTRATION190C.2Organic products — advisory council.Repealed by 2024 Acts, ch 1170, §368.190C.2ADuties of the council.Repealed by 2024 Acts, ch 1170, §368.190C.2BEstablishment and implementation of chapter.1The department shall implement and administer the provisions of this chapter for agricultural products that have been produced and handled within this state using organic methods as provided in this chapter. The department may certify agricultural products that have been produced and handled outside this state using an organic method as provided in this chapter.2The department may establish a state organic program as provided in 7 U.S.C. §6501 et seq. and 7 C.F.R. pt. 205. The secretary may apply for any approval or accreditation or execute any agreement required under the national organic program in order to implement, administer, and enforce this chapter.3Unless prohibited by the national organic program, the attorney general may be joined as a party authorized to enforce the provisions of this chapter.4All provisions of this chapter shall be deemed in compliance with the national organic program, unless expressly provided otherwise by the United States department of agriculture.2003 Acts, ch 104, §8, 21; 2024 Acts, ch 1170, §245190C.3Duties and powers of department.In implementing the provisions of this chapter consistent with the national organic program, the department shall provide for the administration and enforcement of this chapter, including by adopting rules and issuing orders pursuant to chapter 17A. The department may adopt any part of the national organic program by reference.1The department shall be a state certifying agent and the department shall be the certifying agent’s operation as provided in the national organic program.2The department may request assistance from one or more regional organic associations as provided in section 190C.6.3aThe secretary may serve as the state organic program’s governing state official. However, no other person shall serve in that position without approval by the secretary.bThe secretary may designate a person within the department to act on the secretary’s behalf in carrying out the duties of the state organic program’s governing state official.4The department may assume enforcement obligations under the national organic program in this state for the requirements of this chapter. The department shall provide for on-site inspections. The department and the attorney general may coordinate the enforcement activities as provided in section 190C.21.98 Acts, ch 1205, §3, 20; 2003 Acts, ch 104, §9, 212024 Acts, ch 1170, §246190C.4Administrative authority.Repealed by 2003 Acts, ch 104, §20, 21.See §190C.3. 190C.5State fees — deposit into general fund of the state.1The department acting as a state certifying agent shall establish a schedule of fees by rule.aThe department shall establish the rate of fees based on an estimate of the amount of revenues from the fees required by the department to administer and enforce this chapter.bThe department shall annually review the estimate and may change the rate of fees. The fees must be adjusted in order to comply with this subsection.cThe fees shall be charged to persons who are certified under this chapter, including production operations and handling operations, in a manner that is consistent with the national organic program.2aThe department acting as a state certifying agent may charge additional fees for carrying out the duties of that position to the extent that the fees are consistent with the national organic program.bThe secretary acting as the state organic program’s governing state official may charge fees for carrying out the duties of that position to the extent consistent with the national organic program.3The department shall collect state fees under this chapter which shall be deposited into the general fund of the state.98 Acts, ch 1205, §5, 20; 2003 Acts, ch 104, §10, 21; 2009 Acts, ch 41, §77190C.6Regional organic associations.1Regional organic associations may be established as provided in this section. A regional organic association must be organized as a corporation under chapter 504 which has certified members, elects its own officers and directors, and is independent from the department.2The department may authorize a regional organic association to assist the department in acting as a state certifying agent pursuant to section 190C.3. The regional organic association must be registered with the department. Upon request by the department, a registered regional organic association may do all of the following:aReview applications and provide applicants with technical assistance in completing applications. The department may authorize a regional organic association to process applications, including collecting and forwarding applications to the department.bPrepare a summary of an application, including materials accompanying the application, for review by the department. A regional organic association may include a recommendation for approval, modification, or disapproval of an application.98 Acts, ch 1205, §6, 20; 2003 Acts, ch 104, §11, 21; 2004 Acts, ch 1049, §191; 2004 Acts, ch 1175, §394190C.7Reserved.190C.8Reserved.190C.9Reserved.190C.10Reserved.190C.11Reserved.190C.12Repealed by 2003 Acts, ch 104, §20, 21. 190C.13Repealed by 2003 Acts, ch 104, §20, 21. 190C.14Repealed by 2003 Acts, ch 104, §20, 21. 190C.15Repealed by 2003 Acts, ch 104, §20, 21. 190C.16Reserved.190C.17Reserved.190C.18Reserved.190C.19Reserved.190C.20Reserved.IIIENFORCEMENT190C.21General enforcement.1The department acting as a state certifying agent and on behalf of the secretary who elects to act as the state organic program’s governing state official shall enforce this chapter.2To the extent authorized by the national organic program, the attorney general shall assist the department in enforcing this chapter. The department or the attorney general may commence legal proceedings in district court to enforce a provision of this chapter. If the attorney general assists the department under this section, the attorney general may commence the legal proceedings at the request of the department or upon the attorney general’s own initiative.3This chapter does not require the department or attorney general to institute a proceeding for a minor violation if the department or attorney general concludes that the public interest will be best served by a suitable notice of warning in writing.98 Acts, ch 1205, §11, 20; 2003 Acts, ch 104, §12, 21190C.22Investigations, complaints, inspections, and examinations.In enforcing the provisions of this chapter consistent with the national organic program, the department may conduct an investigation to determine if a person is complying with the requirements of this chapter. To the extent consistent with the national organic program, all of the following shall apply:1The department may receive a complaint from any person regarding a violation of this chapter. The department shall adopt procedures for persons filing complaints. The department shall establish procedures for processing complaints including requiring minimum information to determine the verifiability of a complaint.2The department may conduct inspections at times and places and to an extent that the department determines necessary in order to conclude whether there is a violation of this chapter. The department may enter upon any public or private premises during regular business hours in a manner consistent with the laws of this state and the United States, including Article I, section 8, of the Constitution of the State of Iowa, or the fourth amendment to the Constitution of the United States for purposes of carrying out an inspection.3The department may conduct examinations of agricultural products in order to determine if the agricultural products are in compliance with this chapter. Unless the national organic program otherwise requires, all of the following shall apply:aThe methods for examination shall be the official methods adopted by the association of official agricultural chemists in all cases where methods have been adopted by the association.bA sworn statement by the bureau chief of the Iowa laboratory bureau or the bureau chief’s deputy stating the results of an analysis of a sample taken from a lot of agricultural products shall constitute prima facie evidence of the correctness of the analysis of that lot in a contested case proceeding or court proceeding.98 Acts, ch 1205, §12, 20; 2003 Acts, ch 104, §13, 212025 Acts, ch 134, §2190C.23Disciplinary action.1The department may take disciplinary action against a person who is certified pursuant to this chapter for noncompliance with a provision of this chapter or a willful violation of this chapter. The procedures of the disciplinary action shall be consistent with the national organic program. The disciplinary action shall proceed as provided in chapter 17A unless contrary to the national organic program. The department may do any of the following:aIssue a letter of warning or reprimand.bSuspend or revoke the person’s certification.2Any other disciplinary action provided in the national organic program shall be implemented by the secretary acting as the state organic program’s governing state official.98 Acts, ch 1205, §13, 20; 2003 Acts, ch 104, §14, 21190C.24Stop sale order.Unless prohibited by the national organic program, the department may issue a stop order to a person who sells, labels, or represents an agricultural product as organic in violation of this chapter.1The department may issue a written order to stop the sale of the agricultural product by a person in control of the agricultural product. The person named in the order shall not sell, label, or represent the agricultural product as organic until the department determines that the agricultural product is in compliance with this chapter.2The department may require that the product be held at a designated place until released by the department.3The department or the attorney general may enforce the order by petitioning the district court in the county where the agricultural product is being sold.4The department shall release the agricultural product when the department issues a release order upon satisfaction that legal requirements compelling the issuance of the stop sale order are satisfied. If the person is found to have violated this chapter, the person shall pay all expenses incurred by the department in connection with the agricultural product’s removal.98 Acts, ch 1205, §14, 20; 2003 Acts, ch 104, §15, 16, 21190C.25Injunctions.Unless prohibited by the national organic program, the department, the attorney general, an individual, a private organization or association, a county, or a city may bring an action in district court to restrain a producer, handler, or retailer from selling an agricultural product by false or misleading advertising claiming that the agricultural product is organic. A petitioner shall not be required to allege facts necessary to show, or tending to show, a lack of adequate remedy at law, or that irreparable damage or loss will result if the action is brought at law or that unique or special circumstances exist.98 Acts, ch 1205, §15, 20; 2003 Acts, ch 104, §17, 21190C.26Selling, labeling, or representing agricultural products as organic — penalties.A person shall not knowingly sell, label, or represent an agricultural product as organic, except in accordance with this chapter. A person who violates this section shall be subject to a civil penalty of not more than ten thousand dollars. Civil penalties shall be assessed by the district court in an action initiated by the department or attorney general as provided in section 190C.21. Unless prohibited by the national organic program, each day that the violation continues constitutes a separate violation. Civil penalties collected under this section shall be deposited in the general fund of the state.98 Acts, ch 1205, §16, 20; 2003 Acts, ch 104, §18, 21