200.18 - VIOLATIONS.
200.18 VIOLATIONS.
1. If it shall appear from the examination of any commercial
fertilizer or soil conditioner or any anhydrous ammonia installation,
equipment, or operation that any of the provisions of this chapter or
the rules and regulations issued thereunder 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; any 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 of the provisions of
this chapter or rules and regulations issued thereunder have been
violated, the secretary may certify the facts to the proper
prosecuting attorney.
2. a. Except 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.
b. A person who tampers with, possesses, or transports
anhydrous ammonia or anhydrous ammonia equipment is guilty of a
serious misdemeanor under section 124.401F.
c. A 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.
3. A 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.
4. Nothing 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.
5. It 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.
6. The 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 the chapter
notwithstanding the existence of other remedies at law, said
injunction to be issued without bond. Section History: Early Form
[C46, 50, 54, § 200.11, 200.14; C58, 62, § 200.19; C66, 71, 73,
75, 77, 79, 81, § 200.18] Section History: Recent Form
98 Acts, ch 1004, § 2, 3; 99 Acts, ch 12, §9; 2005 Acts, ch 73, §3
Referred to in § 331.756(39)