189.16 Possession and control of adulterated and improperly labeled articles.
1. Except as provided in subsection 2, a person in possession or having control of an article which is adulterated or which is improperly labeled according to the provisions of this subtitle shall be presumed to know that the article is adulterated or improperly labeled. A person’s possession of an adulterated or improperly labeled article shall be prima facie evidence that the person intends to violate the provisions of this subtitle.
2. This section does not apply to the possession or control of any of the following:
a. Grain by a person regulated under chapter 203, 203C, or 203D.
b. Mining materials including coal by a person regulated under chapter 207 or 208.
c. A controlled substance as provided in chapter 124.
[C97, §2519, 2521; S13, §4999-a24, -a40; C24, 27, 31, 35, 39, §3044; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §189.16]
94 Acts, ch 1023, §28; 99 Acts, ch 12, §7; 2003 Acts, ch 69, §36
Referred to in §210.18
Structure Iowa Code
Chapter 189 - AGRICULTURE — GENERAL PROVISIONS
Section 189.3 - Procuring samples.
Section 189.4 - Access to factories and buildings.
Section 189.5 - Dealer to furnish samples.
Section 189.6 - Taking of samples.
Section 189.7 - Preservation of sample.
Section 189.10 - Packages excepted.
Section 189.11 - Labeling of mixtures — federal requirements.
Section 189.12 - Trade formulas.
Section 189.13 - False labels — defacement.
Section 189.14 - Mislabeled articles.
Section 189.15 - Adulterated articles.
Section 189.16 - Possession and control of adulterated and improperly labeled articles.
Section 189.17 - Confiscation or condemnation.
Section 189.18 - Wrongful condemnation — restitution.
Section 189.22 - May charge more than one offense.
Section 189.23 - Common carrier.
Section 189.24 - Report of violations.
Section 189.25 - County attorney.
Section 189.26 - Refusal to act.
Section 189.27 - Institution of proceedings.
Section 189.28 - Goods for sale in other states.
Section 189.29 - Reports by dealers.