203C.36 Penalties — injunction.
1. A person who knowingly withholds information from or knowingly submits false information to the department or any of its employees in a record required to be maintained or submitted to the department under this chapter commits a fraudulent practice as provided in chapter 714.
2. a. Except as provided in paragraph “b”, a person commits a serious misdemeanor if the person does any of the following:
(1) Engages in business as a warehouse operator without a license as required in section 203C.6.
(2) Obstructs the inspection of the person’s business premises or records required to be kept by a licensed warehouse operator pursuant to section 203C.2.
(3) Uses a scale ticket, warehouse receipt, or other document in violation of this chapter or requirements established by the department under this chapter.
b. A person who commits an offense specified in paragraph “a” after having been found guilty of the same offense commits an aggravated misdemeanor.
3. Except as provided in subsections 1 and 2, a person who violates any provision of this chapter commits a simple misdemeanor. With respect to a continuing violation, each day that the violation continues is a separate offense.
4. A person in violation of this chapter, or in violation of chapter 714 or 715A, which violation involves the business of a warehouse operator, is subject to prosecution by the county attorney in the county where the business is located. However, if the county attorney fails to initiate prosecution within thirty days, and upon request by the department, the attorney general may initiate and carry out the prosecution in cooperation, if possible, with the county attorney. The person in violation may be restrained by injunction in an action brought by the department or the attorney general upon request by the department.
[C24, 27, 31, §9751; C35, §9751-g33; C39, §9751.33; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §543.36; 81 Acts, ch 180, §27]
92 Acts, ch 1239, §75
C93, §203C.36
2003 Acts, ch 69, §19
Structure Iowa Code
Chapter 203C - WAREHOUSES FOR AGRICULTURAL PRODUCTS
Section 203C.2 - Duties and powers of the department — operator recordkeeping.
Section 203C.3 - Appointment of department as receiver.
Section 203C.4 - Powers and duties of receiver.
Section 203C.5 - Rules — documents and forms.
Section 203C.6 - Issuance of license and financial responsibility.
Section 203C.7 - Application for the issuance or renewal of a license.
Section 203C.8 - License to specify type and quantity of products which may be stored.
Section 203C.9 - Amendment of license.
Section 203C.10 - Action affecting a license.
Section 203C.12 - Participation in fund required.
Section 203C.12A - Lien on warehouse operator assets.
Section 203C.13 - Form and amount of evidence of financial responsibility.
Section 203C.14 - Suit — claims — notice of revocation.
Section 203C.15 - Insurance required — exception.
Section 203C.16 - License required for the storage of bulk grain.
Section 203C.17 - Receiving bulk grain at licensed and unlicensed warehouses.
Section 203C.18 - Warehouse receipts — issuance, printing, and electronic filing.
Section 203C.19 - Rights and obligations with respect to warehouse receipts — lost receipts.
Section 203C.20 - Receipt by warehouse operator to self.
Section 203C.23 - Warehouse operator’s obligation.
Section 203C.24 - Confidentiality of records.
Section 203C.25 - Shrinkage adjustments — disclosures — penalties.
Section 203C.27 - Discrimination.
Section 203C.28 - Tariff rates.
Section 203C.30 - Inspecting and grading.
Section 203C.34 - Display of license.
Section 203C.35 - Licensed warehouse operator to keep records.
Section 203C.36 - Penalties — injunction.
Section 203C.36A - Civil penalties.
Section 203C.37 - Issuance of a license and payment of fees.
Section 203C.38 - No obligation of state.
Section 203C.39 - Grain stored in another warehouse.
Section 203C.40 - Prioritization of inspections of warehouse operators.