208AMOTOR VEHICLE ANTIFREEZE208A.1Definitions.As used in this chapter, unless the context or subject matter otherwise requires: 1“Antifreeze” shall include all substances and preparations intended for use as the cooling medium, or to be added to the cooling liquid, in the cooling system of internal combustion engines to prevent freezing of the cooling liquid or to lower its freezing point.2“Person” shall include individuals, partnerships, corporations, companies, and associations.[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §208A.1]2013 Acts, ch 90, §37208A.2What deemed adulterated.An antifreeze shall be deemed to be adulterated if either of the following apply: 1It consists in whole or in part of any substance which will render it injurious to the cooling system of an internal combustion engine or will make the operation of the engine dangerous to the user.2Its strength, quality, or purity falls below the standard of strength, quality, or purity under which it is sold.[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §208A.2]2013 Acts, ch 90, §38208A.3What deemed misbranded.An antifreeze shall be deemed to be misbranded if either of the following apply: 1Its labeling is false or misleading in any particular.2In package form it does not bear a label containing the name and place of business of the manufacturer, packer, seller, or distributor and an accurate statement of the quantity of the contents in terms of weight or measure on the outside of the package.[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §208A.3]2013 Acts, ch 90, §39208A.4Inspection by department.1Before any antifreeze is sold, exposed for sale, or held with intent to sell within this state, a sample of the product must be inspected by the department of agriculture and land stewardship. Upon application of the manufacturer, packer, seller, or distributor and the payment of a fee of twenty dollars for each brand of antifreeze submitted, the department shall inspect the antifreeze submitted. If the antifreeze is not adulterated or misbranded, if it meets the standards of the department, and is not in violation of this chapter, the department shall give the applicant a written permit authorizing the sale of such antifreeze in this state until the formula or labeling of the antifreeze is changed in any manner.2If the department finds at a later date that the product to be sold, exposed for sale, or held with intent to sell has been materially altered or adulterated, a change has been made in the name, brand, or trademark under which the antifreeze is sold, or it violates the provisions of this chapter, the department shall notify the applicant and the permit shall be canceled forthwith.[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §208A.4]2021 Acts, ch 80, §101208A.5Samples — analysis.The department shall enforce the provisions of this chapter by inspections, chemical analysis, or any other appropriate methods. All samples for inspection or analysis shall be taken from stocks in the state or intended for sale in the state or the department through its agents may call upon the manufacturer or distributor applying for an inspection of an antifreeze to supply such samples thereof for analysis. The department, through its agents, shall have free access by legal means during business hours to all places of business, buildings, vehicles, cars and vessels used in the manufacture, transportation, sale or storage of any antifreeze, and it may open by legal means any box, carton, parcel, or package, containing or supposed to contain any antifreeze and may take therefrom samples for analysis.[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §208A.5]208A.6Rules.The department shall have authority to promulgate such rules as are necessary to promptly and effectively enforce the provisions of this chapter.[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §208A.6]208A.7List of approved brands.The department may furnish upon request a list of the brands and trademarks of antifreeze inspected by the department during the calendar year which have been found to be in accord with this chapter.[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §208A.7]208A.8Advertising restricted.No advertising literature relating to any antifreeze sold or to be sold in this state shall contain any statement that the antifreeze advertised for sale has met the requirements of the department until such antifreeze has been given the laboratory test and inspection of the department, and found to meet all the standard requirements and not to be in violation of this chapter. Then such statement may be contained in any advertising literature where such brand or trademark of antifreeze is being advertised for sale, and such statement may be used on all regular containers of such antifreeze.[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §208A.8]208A.9Prosecution.Whenever the department shall discover any antifreeze is being sold or has been sold in violation of this chapter, the facts shall be furnished to the attorney general who shall institute proper proceedings.[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §208A.9]208A.10Fees remitted.All fees provided for in this chapter shall be collected by the secretary of agriculture and shall be deposited in the general fund of the state.[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §208A.10]91 Acts, ch 260, §1219208A.11Penalty.If any person, partnership, corporation, or association shall violate the provisions of this chapter, such person, partnership, corporation or association shall be deemed guilty of a simple misdemeanor and, upon conviction thereof, the department may after due hearing cancel registration.[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §208A.11]208A.12Citation of chapter.This chapter may be cited as the “Iowa Antifreeze Act”.[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §208A.12]