203C.2 - DUTIES AND POWERS OF THE DEPARTMENT -- OPERATOR RECORDKEEPING.
203C.2 DUTIES AND POWERS OF THE DEPARTMENT --
OPERATOR RECORDKEEPING.
1. The department shall administer this chapter and may exercise
general supervision over the storage, warehousing, classifying
according to grade or otherwise, weighing, and certification of
agricultural products.
2. The department may inspect or cause to be inspected any
warehouse including warehouse records as provided in this section.
Inspections may be made at times and for purposes as the department
determines. Except as provided in section 203C.6, the department
shall inspect every licensed warehouse and its contents once every
twelve months. The department shall prioritize inspections based on
the system provided in section 203C.40. The department may require
the filing of reports relating to a warehouse or its operation.
a. A licensed warehouse operator operating a licensed
warehouse shall provide for complete and correct recordkeeping. The
records shall account for the storage and withdrawal of all
agricultural products handled in each warehouse which the warehouse
operator is licensed to operate. The records shall include all
original and duplicate receipts issued by, returned to, and canceled
by the warehouse operator. A licensed warehouse operator shall keep
records for the previous six years. If the licensed warehouse
operator's records are incomplete or inaccurate, the department may
reconstruct the warehouse operator's records in order to determine
whether the warehouse operator is in compliance with the provisions
of this chapter. The department may charge the licensed warehouse
operator the actual cost for reconstructing the warehouse operator's
records.
b. If upon inspection of a warehouse a deficiency is found to
exist as to the quantity or quality of agricultural products stored,
as indicated on the warehouse operator's books and records according
to official grain standards, the department may require an employee
of the department to remain at the licensed warehouse and supervise
all operations involving agricultural products stored there under
this chapter until the deficiency is corrected. The charge for the
cost of maintaining an employee of the department at a warehouse to
supervise the correction of a deficiency is one hundred fifty dollars
per day.
3. The department may make available to the United States
government, or any of its agencies, including the commodity credit
corporation, the results of inspections made and inspection reports
submitted to it by employees of the department, upon payment to it of
charges as determined by the department, but the charges shall not be
less than the actual cost of services rendered, as determined by the
department. The department may enter into contracts and agreements
for such purpose and shall keep a record of all money thus received.
4. The department may classify any warehouse in accordance with
its suitability for the storage of agricultural products and shall
specify in any license issued for the operation of a warehouse the
only type or types and the quantity of agricultural products which
may be stored in the warehouse. The department may prescribe, within
the limitations of this chapter, the duties of licensed warehouse
operators with respect to the care of and responsibility for the
contents of licensed warehouses. Grain grades shall be determined
under the official grain standards. The department may from time to
time publish data in connection with the administration of this
chapter as may be of public interest.
5. Moneys received by the department in administering this
section shall be considered repayment receipts as defined in section
8.2. Section History: Early Form
[C24, 27, 31, § 9739, 9744, 9750; C35, § 9751-g22, -g27, -g32;
C39, § 9751.22, 9751.27, 9751.32; C46, 50, 54, 58, 62, 66, 71,
73, 75, 77, 79, 81, § 543.2; 81 Acts, ch 180, § 19] Section History: Recent Form
84 Acts, ch 1100, § 3; 86 Acts, ch 1152, § 14; 92 Acts, ch 1239,
§67
C93, § 203C.2
2003 Acts, ch 69, §17
Referred to in § 203C.10, 203C.36, 203C.40