Statutes > Iowa Statutes > Title 5 - Agriculture > Subtitle 4 - Agriculture-Related products and Activities > CHAPTER 189 - AGRICULTURE == GENERAL PROVISIONS > 189.16 - POSSESSION AND CONTROL OF ADULTERATED AND IMPROPERLY LABELED ARTICLES.

189.16 - POSSESSION AND CONTROL OF ADULTERATED AND IMPROPERLY LABELED ARTICLES.

        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.
        &nbSection History: Early Form
         [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]
         Section History: Recent Form
         94 Acts, ch 1023, §28; 99 Acts, ch 12, §7; 2003 Acts, ch 69, §36
         Referred to in § 210.18