200FERTILIZERS AND BENEFICIAL SUBSTANCES200.1Title.This chapter shall be known and may be cited by the short title of “Iowa Fertilizer Law”.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §200.1]200.2Enforcing official.This chapter shall be administered by the secretary of agriculture.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §200.2]2021 Acts, ch 76, §44200.3Definitions.As used in this chapter, unless the context otherwise requires:1“Ammonium nitrate” means a compound that is chiefly composed of ammonium salt of nitric acid which contains not less than thirty-three percent nitrogen, one-half of which is in the ammonium form and one-half in the nitrate form.2“Anhydrous ammonia” means the compound formed by the combination of two gaseous elements, nitrogen and hydrogen, in the proportion of one part nitrogen to three parts hydrogen by volume.3“Anhydrous ammonia plant” means a facility used for the manufacture or distribution of the compound formed by the combination of two gaseous elements, nitrogen and hydrogen, in the proportion of one part nitrogen to three parts hydrogen by volume.4a“Beneficial substance” means any substance or compound, other than primary, secondary, and microplant nutrients, that can be demonstrated by scientific research to be beneficial to one or more species of plants, soils, or media, including any of the following:1A plant amendment.2A plant biostimulant.3A plant inoculant.4A soil-amending ingredient.5A soil-amending ingredient form.6A soil amendment.7A soil inoculant.8Compost.b“Beneficial substance” does not include a pesticide.5“Brand” means a term, design, trademark, product name, or other specific designation under which a individual beneficial substance or commercial fertilizer is offered for sale.6“Bulk” means in a nonpackaged form to which a label cannot be attached.7“Commercial fertilizer” includes fertilizer and fertilizer materials and fertilizer-pesticide mixtures.8“Compost” means a product manufactured through the controlled aerobic, biological decomposition of a biodegradable material if the product has undergone mesophilic and thermophilic temperatures that significantly reduce the viability of pathogens and weed seeds and stabilize carbon to the extent that the product is beneficial to plant growth.9“Department” means the department of agriculture and land stewardship.10“Distribute” means to import, consign, manufacture, produce, compound, mix, blend, or offer for sale, sell, barter, or otherwise supply a commercial fertilizer or beneficial substance in this state.11“Distributor” means any person who imports, consigns, manufactures, produces, compounds, mixes, blends, or who offers for sale, sells, barters, or otherwise distributes, a commercial fertilizer or beneficial substance in this state.12a“Established date of operation” means the date on which an anhydrous ammonia plant commenced operating.bIf the physical facilities of the plant are subsequently expanded, the established date of operation for each expansion is deemed to be a separate and independent “established date of operation” established as of the date of commencement of the expanded operations.cThe commencement of expanded operations does not divest the plant of a previously established date of operation.13“Established date of ownership” means the date of the recording of an appropriate instrument of title establishing the ownership of real estate.14“Fertilizer” means any substance containing one or more recognized plant nutrients used for plant nutrient content and designed for use and claimed to have value in promoting plant growth except unmanipulated animal and vegetable manures or calcium and magnesium carbonate materials used primarily for correcting soil acidity.15“Fertilizer material” means any substance used as a fertilizer or for compounding a fertilizer containing one or more of the recognized plant nutrients which are used for promoting plant growth or altering plant composition.16“Grade” means the percentages of total nitrogen, available phosphorus or P2O5 or both, and soluble potassium or K2O or both stated in whole numbers in same terms, order, and percentages as in the guaranteed analysis.17a1“Guaranteed analysis” means the minimum percentage of plant nutrients claimed and reported as Total Nitrogen (N), Available Phosphorus (P) or P2O5 or both, Soluble Potassium (K) or K2O or both and in the following form:Total Nitrogen (N) percentAvailable Phosphorus (P) or P2O5 or both percentSoluble Potassium (K) or K2O or both percent2Registration and guarantee of water soluble phosphorus (P) or (P2O5) shall be permitted.b“Guaranteed analysis”, in the form specified in paragraph “a”, includes all of the following:1aFor unacidulated mineral phosphatic materials and basic slag, both total and available phosphorus or P2O5 or both and the degree of fineness.bFor bone tankage and other organic phosphatic materials, total phosphorus or P2O5 or both.2When any additional plant nutrient elements contained in a beneficial substance are claimed in writing, they shall be identified in the guarantee, expressed as the element, and shall be subject to inspection and analysis in accordance with the methods and regulations that may be prescribed by the association of official agricultural chemists.18“Label” means the display of all written, printed, or graphic matter upon the immediate container or statement accompanying a commercial fertilizer or beneficial substance.19“Labeling” means the advertising or promotion of any commercial fertilizer or beneficial substance including but not limited to any written, printed, graphic, or electronic communication used in promoting the sale of a commercial fertilizer or beneficial substance.20“Licensee” means a person licensed under section 200.4.21“Nuisance” means public or private nuisance as defined by statute or by the common law.22“Nuisance action or proceeding” means an action, claim or proceeding brought at law, in equity, or as an administrative proceeding, which is based on nuisance.23“Official sample” means any sample of commercial fertilizer taken by the secretary or the secretary’s agent.24“Owner” means the person holding record title to real estate, and includes both legal and equitable interest under recorded real estate contracts.25“Percent” or “percentage” means the percentage by weight.26“Person” includes an individual, or a type of partnership, limited liability company, corporation, or association, formed or organized to do business in this state or authorized to do or transact business in this state.27“Pesticide” includes insecticides, miticides, nemacides, fungicides, herbicides, and any other substance used in pest control.28“Plant amendment” means any substance applied to a plant seed which is intended to improve growth, yield, product quality, reproduction, flavor, or other favorable characteristics of a plant except a fertilizer, soil amendment, agricultural liming material, animal manure, vegetable manure, pesticide, plant regulator, or other material which may be exempted by regulation.29“Plant biostimulant” means a substance, microorganism, or mixture thereof, that, when applied to a seed, plant, the rhizosphere, soil, or other growth media, acts to support a plant’s natural nutrition processes independently of the biostimulant’s nutrient content and improves nutrient availability, uptake, or use efficiency, tolerance to abiotic stress, and consequent growth, development, quality, or yield.30“Plant inoculant” means a product consisting of microorganisms to be applied to the plant or soil for the purpose of enhancing the availability or uptake of plant nutrients through the root system.31“Secretary” means the secretary of agriculture.32“Sell” or “sale” includes exchange.33“Soil amendment” means any substance or a mixture of substances which is intended to improve the physical, chemical, biochemical, biological, or other characteristic of the soil, except a fertilizer, agricultural liming material, unmanipulated animal manure, unmanipulated vegetable manure, pesticide, or any other material exempted by regulation.34“Soil inoculant” means a microbial product that is applied to colonize the soil to benefit the soil chemistry, biology, or structure.35“Soil-amending ingredient” means any substance which when applied to soil will improve the physical, chemical, biochemical, biological, or other characteristics of the soil.36“Soil-amending ingredient form” means the chemical compound, such as salt, chelate, oxide, or acid, of an ingredient or the physical form of an ingredient.37“Specialty fertilizer” means a commercial fertilizer distributed primarily for nonfarm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses, and nurseries, and may include commercial fertilizers used for research or experimental purposes.38“Ton” means a net weight of two thousand pounds avoirdupois.39a“Unmanipulated manures” means any substances composed primarily of excreta, plant remains, or mixtures of such substances which have not been processed in any manner other than dewatering.b“Unmanipulated manures” includes unmanipulated animal manure or unmanipulated vegetable manure.[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §200.3]84 Acts, ch 1269, §1; 2000 Acts, ch 1082, §1; 2005 Acts, ch 73, §1; 2009 Acts, ch 41, §263; 2017 Acts, ch 159, §39; 2021 Acts, ch 149, §8; 2024 Acts, ch 1177, §26, 27; 2025 Acts, ch 134, §3200.4License fee and expiration mixture requirement.1Any person who manufactures, mixes, blends, mixes to customer’s order, offers for sale, sells, or distributes any fertilizer or beneficial substance in this state must first obtain a license issued by the secretary and pay a twenty dollar license fee for each place of manufacture or distribution from which fertilizer or beneficial substance products are sold or distributed in this state. The license shall expire on July 1 of the even-numbered year following the date the license is issued. A license may be renewed for a two-year period as provided by the department.2The licensee shall at all times produce an intimate and uniform mixture of fertilizers or beneficial substances. When two or more fertilizer materials are delivered in the same load, they shall be thoroughly and uniformly mixed unless they are in separate compartments.[C46, 50, 54, §200.2, 200.4, 200.6; C58, 62, §200.6; C66, 71, 73, 75, 77, 79, 81, §200.4]87 Acts, ch 225, §205; 2017 Acts, ch 159, §40, 57; 2019 Acts, ch 128, §3; 2025 Acts, ch 134, §4200.5Registration.1Each brand and grade of commercial fertilizer and each beneficial substance shall be registered before being offered for sale, sold, or otherwise distributed in this state; except that a commercial fertilizer formulated according to special specifications furnished by a consumer to fill the consumer’s order shall not be required to be registered, but shall be labeled as provided in section 200.6, subsection 1, paragraph “c”. The application for registration shall be submitted to the secretary on forms furnished by the secretary and shall be accompanied by a label setting forth the guaranteed analysis which shall be the same as that appearing on the registered product.2A registration shall be permanent, provided, however, that the secretary may request a listing of products to be currently manufactured. The application shall include the following information in the following order:aNet weight, if sold in packaged form.bName and address of the registrant.cName of product.dBrand.eGrade, if the product contains a recognized plant food.fGuaranteed analysis.3In addition to the information required in subsection 2, an application for the registration of a beneficial substance must include the name or chemical designation and percentage of content of each of the active ingredients. Each microbial organism ingredient must be identified with species and genus in colony-forming units per gram for a dry product or per milliliter for a liquid product. Another unit of quantity may be acceptable if an accurate and verifiable guarantee is presented.4The secretary is authorized to adopt rules under chapter 17A regulating the labeling and registration of commercial fertilizers and beneficial substances, when necessary in the secretary’s opinion. The secretary may require any reasonable information in addition to section 200.3, subsection 17, which is necessary and useful to the purchasers of commercial fertilizers and beneficial substances of this state and to promote uniformity among states.5The secretary is authorized to adopt rules under chapter 17A establishing minimum acceptable levels of components recognized as effective to aid crops produced in this state and to require such warning statements as may be deemed necessary to prevent injury to crops or for user safety.6The secretary, whenever the secretary deems it necessary in the administration of this chapter, may require the submission of additional data about any article, including a fertilizer, beneficial substance, or other product regulated under this chapter to support the claims made for it. If it appears to the secretary that the composition of the article is such as to warrant the claims made for it, and if the article, its labeling and other material required to be submitted, comply with the requirements of this chapter, the secretary shall register the product.7If it does not appear to the secretary that the article is such as to warrant the proposed claims for it, or if the article and its labeling and other material required to be submitted do not comply with a provision of this chapter, the secretary shall notify the registrant of the manner in which the article, labeling, or other material required to be submitted fails to comply with this chapter so as to afford the registrant an opportunity to make the necessary corrections before resubmitting the label.8It shall be the responsibility of the registrant to submit satisfactory evidence of favorable effects and safety of the product.9The secretary shall establish minimum requirements for the registration of fertilizers and beneficial substances by efficacy testing or the substantiation of data relevant to this state’s crops and soils.10A distributor shall not be required to register any brand and grade of commercial fertilizer or beneficial substance which is already registered under this chapter by another person.[S13, §2528-f, -f1; C24, 27, 31, 35, 39, §3139 – 3141; C46, 50, 54, 58, 62, §200.4; C66, 71, 73, 75, 77, 79, 81, §200.5]2017 Acts, ch 159, §41; 2025 Acts, ch 134, §5200.6Labeling.1aAny commercial fertilizer offered for sale or sold or distributed in this state in bags or other containers shall have placed on or affixed to the container in legibly written or printed form, the information required by section 200.5, subsection 2, either on tags affixed to the end of the package or directly on the package.bIf distributed in bulk, a shipment of commercial fertilizer must be accompanied by a written or printed statement giving the purchaser’s name and address in addition to the labeling requirement set forth in section 200.5, subsection 2.cA commercial fertilizer formulated according to specifications which are furnished by a consumer prior to mixing shall be labeled to show the net weight, guaranteed analysis, and the name and address of the distributor and may show the net weight and guaranteed analysis of each of the fertilizer materials or soil conditioners used. It is the responsibility of the distributor to mix these materials uniformly and intimately so that when sampled in the prescribed manner the resulting analysis would meet the guarantee.dAll bulk bins or intermediate storage of bulk commercial fertilizer where being offered for sale or distributed direct to the consumer shall be labeled showing brand, name, and grade of product.eAll fertilizers distributed or stored in bulk, unless in the manufacturers authorized containers, shall be labeled as the responsibility of the possessor.2A beneficial substance shall be labeled in accordance with subsection 1 and in addition shall show the name or chemical designation and content or the active ingredients.[S13, §2528-f; C24, 27, 31, 35, 39, §3142; C46, 50, 54, 58, 62, §200.5; C66, 71, 73, 75, 77, 79, 81, §200.6]2025 Acts, ch 134, §6200.7Fertilizer-pesticide mixture.Only those persons licensed under section 200.4 shall be permitted to add pesticides to commercial fertilizers. These persons shall at all times produce a uniform mixture of fertilizer and pesticide and shall register and label their product in compliance with both chapter 206 and this chapter.[C58, 62, 66, 71, 73, 75, 77, 79, 81, §200.7]2001 Acts, ch 24, §36200.8Inspection fees.1aThere shall be paid by the licensee to the secretary for any commercial fertilizer or beneficial substance sold or distributed in this state, an inspection fee to be fixed annually by the secretary at not more than twenty cents per ton. The sale of a commercial fertilizer or beneficial substance for manufacturing purposes only is exempted from an inspection fee but must still be reported showing the manufacturer who purchased it. Payment of the inspection fee by any licensee shall exempt all other persons, firms, or corporations from the payment thereof.bOn an individual package of a commercial fertilizer or beneficial substance containing twenty-five pounds or less, there shall be paid by the manufacturer in lieu of the semiannual inspection fee as set forth in this chapter, an annual registration and inspection fee of one hundred dollars for each brand and grade sold or distributed in the state. In the event that any manufacturer sells a commercial fertilizer or beneficial substance in a package of twenty-five pounds or less and also in a package of more than twenty-five pounds, this annual registration and inspection fee shall apply only to that portion sold in a package of twenty-five pounds or less, and that portion sold in a package of more than twenty-five pounds shall be subject to the same inspection fee as fixed by the secretary as provided in this chapter.cAny person other than a manufacturer who annually offers for sale, sells, or distributes specialty fertilizer in the amount of four thousand pounds or more or applies specialty fertilizer for compensation shall pay an annual inspection fee of thirty dollars in lieu of the semiannual inspection fee as set forth in this chapter.2Every person who is a licensee and any person required to pay an annual registration and inspection fee under this chapter in this state shall do all of the following:aFile not later than the last day of January and July of each year, on forms furnished by the secretary, a semiannual statement setting forth the number of net tons of commercial fertilizer or beneficial substance distributed in this state by grade during the preceding six-month period. Upon filing the semiannual statement, the person shall pay the inspection fee at the rate stated in subsection 1. However, in lieu of the semiannual statement by grade on individual packages of specialty fertilizer containing twenty-five pounds or less of commercial fertilizer, the registrant shall file not later than the last day of July of each year, on forms furnished by the secretary, an annual statement setting forth the number of net tons of commercial fertilizer distributed in this state by grade during the preceding twelve-month period.bIf the tonnage report is not filed or the payment of inspection fees, or both, is not made within ten days after the last day of January and July of each year as required in paragraph “a”, a penalty amounting to ten percent of the amount due, if any, shall be assessed against the licensee. In any case, the penalty shall be no less than fifty dollars. The amount of fees due, if any, and penalty shall constitute a debt and become the basis of a judgment against the licensee.3In addition to the fees imposed under subsection 1, a groundwater protection fee shall be imposed upon nitrogen-based fertilizer. The fee shall be based upon the percentage of actual nitrogen contained in the product. An eighty-two percent nitrogen solution shall be taxed at a rate of seventy-five cents per ton. Other nitrogen-based product formulations shall be taxed on the percentage of actual nitrogen contained in the formulations with the eighty-two percent nitrogen solution serving as the base. The fee shall be paid by each licensee registering to sell fertilizer to the secretary of agriculture. The fees collected shall be deposited in the agriculture management account of the groundwater protection fund. The secretary shall adopt rules for the payment, filing, and collection of groundwater protection fees from licensees in conjunction with the collection of registration and inspection fees. The secretary shall, by rule, allow an exemption to the payment of this fee for fertilizers which contain trace amounts of nitrogen.[C46, 50, 54, §200.15; C58, 62, 66, 71, 73, 75, 77, 79, 81, §200.8]85 Acts, ch 142, §1; 87 Acts, ch 225, §206, 207; 88 Acts, ch 1169, §1; 94 Acts, ch 1107, §46; 96 Acts, ch 1096, §2, 15; 96 Acts, ch 1219, §34; 2009 Acts, ch 41, §263; 2021 Acts, ch 80, §96; 2025 Acts, ch 134, §7200.9Fertilizer fees.Fees collected for licenses and inspection fees under sections 200.4 and 200.8, with the exception of those fees collected for deposit in the agriculture management account of the groundwater protection fund, shall be deposited in the general fund of the state. Moneys deposited under this section to the general fund shall be used only by the department for the purpose of inspection, sampling, analysis, preparation, and publishing of reports and other expenses necessary for administration of this chapter. The secretary may assign moneys to the Iowa agricultural experiment station for research, work projects, and investigations as needed for the specific purpose of improving the regulatory functions for enforcement of this chapter.[C46, 50, 54, §200.15; C58, 62, 66, 71, 73, 75, 77, 79, 81, §200.9]87 Acts, ch 225, §208; 91 Acts, ch 260, §1217; 93 Acts, ch 131, §8; 94 Acts, ch 1107, §472024 Acts, ch 1185, §148200.10Inspection, sampling, and analysis.1It shall be the duty of the secretary, who may act through an authorized agent, to sample, inspect, make analysis of, and test commercial fertilizers or beneficial substances distributed within this state at time and place and to such an extent as the secretary may deem necessary, to determine whether such commercial fertilizers or beneficial substances are in compliance with the provisions of this chapter. In the performance of the foregoing duty, the secretary may consult with the director of the Iowa agricultural experimental station in respect to the time, place, and extent of sampling. The secretary acting individually or through an agent is authorized to enter upon any public or private premises or conveyances during regular business hours in order to have access to a commercial fertilizer or beneficial substance subject to the provisions of this chapter including in rules adopted by the department under this chapter. The secretary shall maintain a laboratory with the necessary equipment and to employ such employees as may be necessary to assist in the administration and enforcement of this chapter.2aThe methods of sampling and analysis shall be the official methods of the association of official agricultural chemists in all cases where methods have been adopted by the association.bThe findings of the bureau chief of the Iowa laboratory bureau, or the bureau chief’s deputy, as shown by the sworn statement of the results of analysis of official samples of any brand and grade of commercial fertilizer, fertilizer material, or beneficial substance, shall constitute prima facie evidence of its correctness in the courts of this state, as to the particular lots sampled and analyzed.3The secretary, in determining for administrative purposes whether any commercial fertilizer is deficient in plant food, or beneficial substance deficient in guaranteed active ingredients, shall be guided by the official sample as defined in section 200.3, subsection 23, and obtained and analyzed as provided for in subsection 2.4The results of official analysis of any commercial fertilizer or beneficial substance which has been found to be in violation of any provision of this chapter, shall be forwarded by the secretary to the registrant. Upon request, the secretary shall furnish to the registrant a portion of any sample.[C46, 50, 54, §200.7 – 200.9; C58, 62, §200.11; C66, 71, 73, 75, 77, 79, 81, §200.10]2009 Acts, ch 41, §263; 2025 Acts, ch 134, §8200.11Item that is injurious or filler.A person shall not manufacture, offer for sale, or sell in this state, any commercial fertilizer or beneficial substance containing any item that is injurious to crop growth or deleterious to the soil, or to use in such commercial fertilizer or beneficial substance as a filler any item that contains inert or useless plant food material for the purpose or with the effect of deceiving or defrauding the purchaser.[C46, 50, 54, §200.10; C58, 62, §200.12; C66, 71, 73, 75, 77, 79, 81, §200.11]2025 Acts, ch 134, §9200.12False or misleading statements.A commercial fertilizer or beneficial substance is misbranded if it does not identify items promoting plant growth, or if it carries any false or misleading statement upon or attached to the container or stated on the invoice or delivery ticket, or if the container or on the invoice or delivery ticket or in any advertising matter whatsoever connected with, accompanying, or associated with the commercial fertilizer or beneficial substance. Further, the burden of proof of the desirable effect of the commercial fertilizer or beneficial substance on plant growth shall be the responsibility of the registrant.[C46, 50, 54, §200.11; C58, 62, §200.13; C66, 71, 73, 75, 77, 79, 81, §200.12]2025 Acts, ch 134, §10200.13Reports and publications.The secretary shall publish at least annually, in such forms as the secretary may deem proper, information concerning the sales of commercial fertilizers, together with such data on their production and use as the secretary may consider advisable. The secretary shall report semiannually the results of the analysis based on official samples taken of commercial fertilizers sold within the state as compared with the analyses guaranteed under section 200.5 and section 200.6, together with name and address of the manufacturer or distributor of such commercial fertilizer at the time the official sample was taken. A copy of this semiannual report will be mailed by the secretary to each corresponding county extension director in the state.[C46, 50, 54, §200.13; C58, 62, §200.14; C66, 71, 73, 75, 77, 79, 81, §200.13]200.14Rules.1aThe department may adopt rules pursuant to chapter 17A providing minimum general safety standards for the design, construction, location, installation, and operation of equipment for storage, handling, transportation by tank truck or tank trailer, and utilization of a fertilizer or beneficial substance.bThe rules shall be such as are reasonably necessary for the protection and safety of the public and persons using a fertilizer or beneficial substance, and shall be in substantial conformity with the generally accepted standards of safety.cFertilizer or beneficial substance equipment shall be installed and maintained in a safe operating condition and in conformity with rules adopted by the department.2The department may adopt such reasonable rules as may be necessary in order to carry into effect the purpose, and to secure the efficient administration, of this chapter.3This chapter does not prohibit the use of storage tanks smaller than transporting tanks nor the transfer of any kind of fertilizer or beneficial substance directly from transporting tanks to implements of husbandry, if proper safety precautions are observed.4Rules adopted to implement this chapter are not subject to section 17A.7, subsection 2 or 3.[C46, 50, 54, §200.13; C58, 62, §200.15; C66, 71, 73, 75, 77, 79, 81, §200.14]98 Acts, ch 1004, §1, 3; 98 Acts, ch 1223, §22, 38; 99 Acts, ch 12, §8; 2009 Acts, ch 133, §76, 210; 2021 Acts, ch 149, §9; 2024 Acts, ch 1169, §15; 2025 Acts, ch 134, §11200.15Refusal to register or cancellation of registration and licenses.1Upon satisfactory evidence that the registrant or licensee has used fraudulent or deceptive practices or has willfully violated any provisions of this chapter or any rules adopted under this chapter, the secretary is authorized and empowered to do any of the following: aCancel the registration of any product of commercial fertilizer or beneficial substance or license. bRefuse to register any product of commercial fertilizer or beneficial substance. cRefuse to license any applicant.2A registration or license shall not be revoked or refused until the registrant or licensee has been given the opportunity to appear for a hearing by the secretary.[C46, 50, 54, §200.11; C58, 62, §200.16; C66, 71, 73, 75, 77, 79, 81, §200.15]2020 Acts, ch 1063, §71; 2021 Acts, ch 76, §45; 2025 Acts, ch 134, §12200.16“Stop sale” orders.The secretary may issue and enforce a written or printed “stop sale, use or removal” order to the owner or custodian of any lot of commercial fertilizer or beneficial substance, if the secretary finds the commercial fertilizer or beneficial substance is being offered or exposed for sale in violation of any of the provisions of this chapter including any rule adopted under this chapter. The secretary may hold the commercial fertilizer or beneficial substance at a designated place until the law has been complied with and the commercial fertilizer or beneficial substance is released in writing by the secretary, or the violation has been otherwise legally disposed of by written authority, and all costs and expenses incurred in connection with the withdrawal have been paid.[C58, 62, §200.17; C66, 71, 73, 75, 77, 79, 81, §200.16]2021 Acts, ch 80, §97; 2025 Acts, ch 134, §13200.17Seizure, condemnation, and sale.Any lot of commercial fertilizer or beneficial substance not in compliance with the provisions of this chapter shall be subject to seizure on complaint of the secretary to a court of competent jurisdiction in the county or adjoining county in which the commercial fertilizer or beneficial substance is located. In the event the court finds the commercial fertilizer or beneficial substance to be in violation of this chapter or an order for the condemnation of the commercial fertilizer or beneficial substance, the commercial fertilizer or beneficial substance shall be disposed of in any manner consistent with the quality of the commercial fertilizer or beneficial substance and the laws of the state. However, the disposition of the commercial fertilizer or beneficial substance shall not be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial fertilizer or beneficial substance or for permission to reprocess or relabel the commercial fertilizer or beneficial substance to bring it into compliance with this chapter.[C58, 62, §200.18; C66, 71, 73, 75, 77, 79, 81, §200.17]2018 Acts, ch 1041, §53; 2025 Acts, ch 134, §14200.17AAmmonium nitrate security.A licensee who sells ammonium nitrate on a retail basis shall comply with all of the following:1The licensee shall store the ammonium nitrate in a location which secures it from unauthorized access, and which prevents and provides for the detection of its theft.2A licensee shall only sell ammonium nitrate to a purchaser who presents a current official identification issued by the federal government or a state government which includes the purchaser’s photograph and identifying information including the person’s legal name and home address.3The licensee shall maintain a record of each sale of ammonium nitrate as follows:aThe record shall be on a form promulgated or approved by the department. The form shall include at least all of the following:1The date of sale.2The quantity of ammonium nitrate purchased.3The information contained in the purchaser’s official identification as provided in this section. If the official identification is a driver’s license, the information shall include the driver’s license number. A photocopy of the purchaser’s current official identification on file with the licensee shall comply with the requirements of this subparagraph.4The purchaser’s telephone number.5The purchaser’s signature.bThe licensee shall maintain the record for at least two years after the date of the sale.4The department, a law enforcement officer as defined in section 80B.3, or an agent of the United States department of justice may examine and photocopy the record during regular business hours.2005 Acts, ch 73, §2200.18Violations.1If it shall appear from the examination of any commercial fertilizer or beneficial substance or any anhydrous ammonia installation, equipment, or operation that a provision of this chapter, including any rule adopted under this chapter, have been violated, the secretary shall cause notice of the violations to be given to the registrant, distributor, or possessor from whom said sample was taken. The person so notified shall be given opportunity to be heard under such rules and regulations as may be prescribed by the secretary. If it appears after such hearing, either in the presence or absence of the person so notified, that any provision of this chapter, including a rule adopted under this chapter, has been violated, the secretary may certify the facts to the proper prosecuting attorney.2aExcept as otherwise provided in this subsection, a person violating this chapter or rules adopted by the secretary pursuant to this chapter is guilty of a simple misdemeanor.bA person who tampers with, possesses, or transports anhydrous ammonia or anhydrous ammonia equipment is guilty of a serious misdemeanor under section 124.401F.cA person who intentionally presents false identification or other information required in section 200.17A in order to purchase ammonium nitrate commits a serious misdemeanor. A person who purchases ammonium nitrate from a person required to be licensed under section 200.4 with the intention of manufacturing an explosive or incendiary device or material is guilty of a class “D” felony.3A person who is licensed pursuant to section 200.4 who fails to comply with the requirements of section 200.17A shall be subject to disciplinary action by the department. For a first violation, the department may suspend the person’s license for up to ninety days. For a subsequent violation, the department may suspend the person’s license for a longer period or revoke the person’s license.4Nothing in this chapter shall be construed as requiring the secretary or the secretary’s representative to report for prosecution or for the institution of seizure proceedings minor violations of the chapter when the secretary believes that the public interest will be best served by a suitable notice of warning in writing.5It shall be the duty of each county attorney to whom any violation is reported, to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.6The secretary is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgated under this chapter notwithstanding the existence of other remedies at law, said injunction to be issued without bond.[C46, 50, 54, §200.11, 200.14; C58, 62, §200.19; C66, 71, 73, 75, 77, 79, 81, §200.18]98 Acts, ch 1004, §2, 3; 99 Acts, ch 12, §9; 2005 Acts, ch 73, §3; 2021 Acts, ch 80, §98; 2025 Acts, ch 134, §15200.19Exchanges between manufacturers.Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of commercial fertilizers or beneficial substances to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale or as preventing the free and unrestricted shipments of commercial fertilizer or soil conditioner to manufacturers or manipulators who have registered their brands as required by the provisions of this chapter.[C46, 50, 54, §200.5, 200.12; C58, 62, §200.20; C66, 71, 73, 75, 77, 79, 81, §200.19]2025 Acts, ch 134, §16200.20Phosphoric acid, nitrogen, and potash requirements.1Except as provided in subsection 2, a person shall not sell, offer for sale, or distribute any of the following:aPhosphatic fertilizer containing less than eighteen percent available phosphoric acid (P2O5).bNitrogen fertilizer containing less than fifteen percent total nitrogen (N).cPotash fertilizer containing less than fifteen percent soluble potash (K2O).dMixed fertilizer in which the sum of the guaranteed analysis of total nitrogen (N), available phosphoric acid (P2O5), and soluble potash (K2O) totals less than twenty percent.2Subsection 1 does not apply to any of the following:aA specialty fertilizer.bA fertilizer designed to be applied and ordinarily applied directly to growing plant foliage to stimulate further growth.[C77, 79, 81, §200.20]2000 Acts, ch 1082, §2; 2025 Acts, ch 134, §17200.21Compliance — a defense to certain nuisance actions.In a nuisance action or proceeding against an anhydrous ammonia plant brought by or on behalf of the person whose established date of ownership is subsequent to the established date of operation of an anhydrous ammonia plant, proof of compliance with applicable provisions of this chapter and applicable rules adopted pursuant to section 200.14 shall be a defense to a nuisance action or proceeding.84 Acts, ch 1269, §2200.22Local legislation — prohibition.1As used in this section:a“Local governmental entity” means any political subdivision, or any state authority which is not the general assembly or under the direction of a principal central department as enumerated in section 7E.5, including a city as defined in section 362.2, a county as provided in chapter 331, or any special purpose district.b“Local legislation” means any ordinance, motion, resolution, amendment, regulation, or rule adopted by a local governmental entity.2The provisions of this chapter and rules adopted by the department pursuant to this chapter shall preempt local legislation adopted by a local governmental entity relating to the use, sale, distribution, storage, transportation, disposal, formulation, labeling, registration, or manufacture of a fertilizer or beneficial substance. A local governmental entity shall not adopt or continue in effect local legislation relating to the use, sale, distribution, storage, transportation, disposal, formulation, labeling, registration, or manufacture of a fertilizer or beneficial substance, regardless of whether a statute or rule adopted by the department applies to preempt the local legislation. Local legislation in violation of this section is void and unenforceable.3This section does not apply to local legislation of general applicability to commercial activity.94 Acts, ch 1002, §1; 94 Acts, ch 1198, §412025 Acts, ch 134, §18