Terms Used In Iowa Code > Chapter 7C - Private Activity Bond Allocation Act

• Advertise: means to present a commercial message in any medium including but not limited to print, radio, television, sign, display, label, tag, or articulation. See Iowa Code 200A.3
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agricultural liming material: means a product having calcium and magnesium compounds capable of neutralizing soil acidity. See Iowa Code 201A.2
• Agricultural product: means any agricultural commodity or product, whether raw or processed, including any commodity or product derived from livestock, that is marketed in this state for human or livestock consumption. See Iowa Code 190C.1
• Agricultural seed: means grass, forage, cereal, oil, fiber, and any other kind of crop seed commonly recognized within this state as agricultural seed, lawn seed, vegetable seed, or seed mixtures. See Iowa Code 199.1
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Ammonium nitrate: means a compound that is chiefly composed of ammonium salt of nitric acid which contains not less than thirty-three percent nitrogen, one-half of which is in the ammonium form and one-half in the nitrate form. See Iowa Code 200.3
• anhydrous ammonia: means the compound formed by the combination of two gaseous elements, nitrogen and hydrogen, in the proportion of one part nitrogen to three parts hydrogen by volume. See Iowa Code 200.3
• Anhydrous ammonia plant: means a facility used for the manufacture or distribution of the compound formed by the combination of two gaseous elements, nitrogen and hydrogen, in the proportion of one part nitrogen to three parts hydrogen by volume. See Iowa Code 200.3
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• blend: means a combination of seed of more than one kind or variety if present in excess of five percent of the whole. See Iowa Code 199.1
• Board: means the Iowa grain indemnity fund board created in section 203D. See Iowa Code 203D.1
• brand: means a term, design, or trademark used in connection with one or several grades of commercial fertilizer. See Iowa Code 200.3
• Brand: means the term, designation, trade name, product name, or other specific designation under which individual agricultural liming material is offered for sale. See Iowa Code 201A.2
• Bulk: means material which is in a nonpackaged form. See Iowa Code 201A.2
• Bulk milk tanker: means a mobile bulk container used to transport milk or fluid milk products from a dairy farm to a milk plant or from a milk plant to another milk plant, including an over-the-road semitanker or a tanker that is permanently mounted on a motor vehicle. See Iowa Code 192.101A
• bulk product: means a dry animal nutrient product delivered to a purchaser in bulk form to which a label cannot be attached. See Iowa Code 200A.3
• Certifying agency: means an agency authorized under the laws of a state, territory, or possession to officially certify seed and which has standards and procedures approved by the United States secretary of agriculture to assure genetic purity and identity of the seed certified, or an agency of a foreign country determined by the United States secretary of agriculture to adhere to the procedures and standards for seed certification comparable to those adhered to generally by seed certifying agencies in the United States. See Iowa Code 199.1
• City: means a municipal corporation, but not including a county, township, school district, or any special-purpose district or authority. See Iowa Code 172D.1
• commercial fertilizer: includes fertilizer and fertilizer materials and fertilizer-pesticide mixtures. See Iowa Code 200.3
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conditioning: means cleaning to remove chaff, sterile florets, immature seed, weed seed, inert matter, and other crop seed; scarifying; blending to obtain uniform quality; or any other operation which may change the purity or germination of the seed and require retesting to determine the quality of the seed. See Iowa Code 199.1
• container: means a rigid or nonrigid receptacle, including but not limited to a can, bottle, case, paper carton, cask, keg, or barrel. See Iowa Code 192.121
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Council: means the organic advisory council established pursuant to section 190C. See Iowa Code 190C.1
• Dairy animal: means a cow, goat, or sheep that is actively producing milk. See Iowa Code 195.1
• Delivery: means the transfer of title to and possession of grain by a seller to a grain dealer or to another person in accordance with the agreement of the seller and the grain dealer. See Iowa Code 203.8
• Department: means the department of environmental quality in a reference to a time before July 1, 1983, the department of water, air and waste management in a reference to a time on or after July 1, 1983, and through June 30, 1986, and the department of natural resources on or after July 1, 1986, and includes any officer or agency within that department. See Iowa Code 172D.1
• Department: means the department of agriculture and land stewardship. See Iowa Code 190C.1
• Department: means the department of agriculture and land stewardship. See Iowa Code 200.3
• Department: means the department of agriculture and land stewardship. See Iowa Code 200A.3
• Department: means the department of agriculture and land stewardship. See Iowa Code 195.1
• Distribute: means to offer for sale, sell, hold out for sale, exchange, barter, supply, or furnish a bulk dry animal nutrient product on a commercial basis. See Iowa Code 200A.3
• Distribute: means to transfer an item or offer to transfer an item to another person, either free of charge or by sale or exchange. See Iowa Code 195.1
• distributor: means any person who imports, consigns, manufactures, produces, compounds, mixes, or blends commercial fertilizer, or who offers for sale, sells, barters, or otherwise distributes commercial fertilizer in this state. See Iowa Code 200.3
• Distributor: means a person who distributes a bulk dry animal nutrient product. See Iowa Code 200A.3
• Dry animal nutrient product: means any unmanipulated animal manure composed primarily of animal excreta, if all of the following apply:
   a. See Iowa Code 200A.3
• Effective calcium carbonate equivalent: means the acid-neutralizing capacity of an agricultural liming material. See Iowa Code 201A.2
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Established date of operation: means the date on which a feedlot commenced operating with not more livestock than reasonably could be maintained by the physical facilities existing as of that date. See Iowa Code 172D.1
• Established date of operation: means the date on which an anhydrous ammonia plant commenced operating. See Iowa Code 200.3
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Federal publication: means a publication produced by the United States department of health and human services including the United States public health service and United States food and drug administration. See Iowa Code 192.101A
• fertilizer: means any substance containing one or more recognized plant nutrient which is used for its plant nutrient content and which is designed for use and claimed to have value in promoting plant growth except unmanipulated animal and vegetable manures or calcium and magnesium carbonate materials used primarily for correcting soil acidity. See Iowa Code 200.3
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
• Fund: means the grain depositors and sellers indemnity fund created in section 203D. See Iowa Code 203D.1
• grade: means the percentages of total nitrogen, available phosphorus or P2O5 or both, and soluble potassium or K2O or both stated in whole numbers in same terms, order and percentages as in the "guaranteed analysis". See Iowa Code 200.3
• Grain: means the same as defined in section 203. See Iowa Code 203D.1
• guaranteed analysis: shall mean the minimum percentage of plant nutrients claimed and reported as Total Nitrogen (N), Available Phosphorus (P) or P2O5 or both, Soluble Potassium (K) or K2O or both and in the following form:
  Total Nitrogen (N)                       . See Iowa Code 200.3
• Guaranteed analysis: means the minimum percentage of plant nutrients claimed and reported to the department pursuant to section 200A. See Iowa Code 200A.3
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Handler: means a person engaged in the business of handling agricultural products, including producers who handle crops or livestock of their own production, except such term shall not include final retailers of agricultural products that do not process agricultural products. See Iowa Code 190C.1
• Hybrid: means the first generation seed produced by controlled pollination of two inbred lines to produce a single cross; an inbred line and a single cross of two unrelated inbred lines to produce a three-way cross; an inbred line and a single cross of two related lines to produce a modified single cross; two single crosses to produce a double cross; an inbred line or a single cross with an open-pollinated or synthetic cultivar to produce a modified cultivar cross; or a cross of two open-pollinated or synthetic cultivars to produce a cultivar cross. See Iowa Code 199.1
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inoculant for leguminous plants: means a bacterial culture, or material containing bacteria, that is represented as causing the formation of nodules and aiding the growth of leguminous plants by the fixation of nitrogen. See Iowa Code 199.1
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Kind: means one or more related species or subspecies which singly or collectively are known by one common name. See Iowa Code 199.1
• Label: means a display of written, printed, or graphic material on the immediate container of an agricultural product or any such material affixed to any agricultural product or affixed to a bulk container containing an agricultural product, except for package liners or a display of written, printed, or graphic material which contains only information about the weight of the product. See Iowa Code 190C.1
• Labeling: means all labels and other written, printed, or graphic representations, in any form, accompanying and pertaining to seed, whether in bulk or in containers, and includes invoices. See Iowa Code 199.1
• Law enforcement officer: means a state patrol officer, a sheriff, or other peace officer so designated by this state or by a county or municipality. See Iowa Code 172B.1
• Licensee: means a licensed grain dealer or licensed warehouse operator. See Iowa Code 203D.1
• Licensee: means a person licensed under section 200. See Iowa Code 200.3
• Livestock: means cattle, sheep, swine, ostriches, rheas, emus, poultry, and other animals or fowl, which are being produced primarily for use as food or food products for human consumption. See Iowa Code 172D.1
• Livestock: means any cattle, sheep, goats, swine, poultry, or equine animals used for food or in the production of food, fiber, feed, or other agricultural-based consumer products; wild or domesticated game; or other nonplant life, except such term shall not include aquatic animals or bees for the production of food, fiber, feed, or other agricultural-based consumer products. See Iowa Code 190C.1
• Local governmental entity: includes but is not limited to a county, special district, township, or city as provided in Title IX of this Code. See Iowa Code 199.1
• Local governmental entity: means any political subdivision, or any state authority which is not the general assembly or under the direction of a principal central department as enumerated in section 7E. See Iowa Code 200.22
• Local legislation: means any ordinance, motion, resolution, amendment, regulation, or rule adopted by a local governmental entity. See Iowa Code 199.1
• Local legislation: means any ordinance, motion, resolution, amendment, regulation, or rule adopted by a local governmental entity. See Iowa Code 200.22
• Loss: means the amount of a claim held by a seller or depositor against a grain dealer or warehouse operator which has not been recovered through other legal and equitable remedies including the liquidation of assets. See Iowa Code 203D.1
• Maintenance: means the provision of shelter, food, water, or a nutritional formulation as required pursuant to chapter 717. See Iowa Code 169C.1
• Milk: means the lacteal secretion of a dairy animal. See Iowa Code 195.1
• Milk grader: means a person, including dairy industry milk intake personnel, other than a milk hauler, who collects a milk sample from a bulk tank or a bulk milk tanker. See Iowa Code 192.101A
• Milk hauler: means a person who takes farm samples or transports raw milk or raw milk products to or from a milk plant, receiving station, or transfer station, including a dairy industry milk field person. See Iowa Code 192.101A
• month: means a calendar month, and the word "year" and the abbreviation "A. See Iowa Code 4.1
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage: means a mortgage or mortgage lien on an interest in real property in this state given to secure a loan in an original principal amount equal to or less than the maximum principal amount as determined by the division board and adopted by the authority pursuant to chapter 17A. See Iowa Code 16.92
• National organic program: means the program administered by the United States department of agriculture pursuant to 7 C. See Iowa Code 190C.1
• Nuisance: means and includes public or private nuisance as defined either by statute or by the common law. See Iowa Code 172D.1
• Nuisance: means public or private nuisance as defined by statute or by the common law. See Iowa Code 200.3
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• official sample: means any sample of commercial fertilizer taken by the secretary or the secretary's agent. See Iowa Code 200.3
• Organic: means a labeling term that refers to an agricultural product produced in accordance with this chapter. See Iowa Code 190C.1
• Organic agricultural product: means the same as defined in section 190C. See Iowa Code 200.3
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: shall mean the person holding record title to real estate to include both legal and equitable interests under recorded real estate contracts. See Iowa Code 172D.1
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Payment: means the actual payment or tender of payment by a grain dealer to a seller of the agreed purchase price, or in the case of disputes as to sales of grain, the undisputed portion of the purchase price without reduction for any separate claim of the grain dealer against the seller. See Iowa Code 203.8
• percentage: means percentage by weight. See Iowa Code 200A.3
• Permit holder: is a person who has obtained a permit from the department as required under sections 199. See Iowa Code 199.1
• Person: means an individual, partnership, corporation, company, society, or association. See Iowa Code 199.1
• person: includes individual, partnership, association, firm, and corporation. See Iowa Code 200.3
• person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Processing: means cooling, baking, curing, heating, drying, mixing, grinding, churning, separating, extracting, slaughtering, cutting, fermenting, distilling, eviscerating, preserving, dehydrating, freezing, chilling, or otherwise manufacturing, and includes the packaging, canning, jarring, or otherwise enclosing in a food container. See Iowa Code 190C.1
• Producer: means a person who engages in the business of growing or producing food, fiber, feed, or other agricultural-based consumer products. See Iowa Code 190C.1
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Purchaser: means a person to whom a dry animal nutrient product is distributed. See Iowa Code 200A.3
• Purity: means the pure seed percentage by weight, exclusive of inert matter and of other agricultural or weed seed which are distinguishable by their appearance from the crop seed in question. See Iowa Code 199.1
• Quorum: The number of legislators that must be present to do business.
• Raw milk: means milk that is not pasteurized or graded as otherwise required in chapters 190, 192, and 194. See Iowa Code 195.1
• Raw milk dairy: means an operation, owned or operated by a raw milk producer, where not more than ten dairy animals are maintained to actively produce milk at any one time. See Iowa Code 195.1
• Raw milk dairy product: means a product, other than a milk product, manufactured using milk or a milk product as the primary ingredient, and that includes any quantity of raw milk. See Iowa Code 195.1
• Raw milk producer: means a milk producer who owns or operates a raw milk dairy, if the milk producer makes the election provided in section 195. See Iowa Code 195.1
• Raw milk product: means a product manufactured using milk as its exclusive ingredient as described in 21 C. See Iowa Code 195.1
• Recognized bacteria count limit: means the results of a test measuring the presence of bacteria in raw milk at a level that does not exceed the following:
   a. See Iowa Code 195.1
• Regional organic association: means a corporation authorized pursuant to section 190C. See Iowa Code 190C.1
• Registered seed technologist: is a person who has attained registered membership in the society of commercial seed technologists through qualifying tests and experience as required by this society. See Iowa Code 199.1
• Retailer: includes a food establishment as defined in section 137F. See Iowa Code 190C.1
• Rule: includes "regulation". See Iowa Code 4.1
• sale: includes exchange. See Iowa Code 200.3
• Secretary: means the secretary of agriculture who is the director of the department of agriculture and land stewardship. See Iowa Code 190C.1
• Secretary: means the secretary of agriculture. See Iowa Code 200.3
• Seller: means a person who sells grain which the person has produced or caused to be produced to a licensed grain dealer, but excludes a person who executes a credit-sale contract as a seller as provided in section 203. See Iowa Code 203D.1
• Signature: includes an electronic signature as defined in section 554D. See Iowa Code 4.1
• soil conditioner: is a ny substance which when added to the soil or applied to plants will produce a favorable growth, yield or quality of crop or soil flora or fauna or other soil characteristics, other than a fertilizer, recognized pesticide, unmanipulated animal and vegetable manures or calcium and magnesium carbonate materials used primarily for correcting soil acidity. See Iowa Code 200.3
• specialty fertilizer: is a commercial fertilizer distributed primarily for nonfarm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses and nurseries and may include commercial fertilizers used for research or experimental purposes. See Iowa Code 200.3
• state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
• Statute: A law passed by a legislature.
• ton: means a net weight of two thousand pounds avoirdupois. See Iowa Code 200.3
• Ton: means a net weight of two thousand pounds avoirdupois. See Iowa Code 200A.3
• Trustee: A person or institution holding and administering property in trust.
• United States: includes all the states. See Iowa Code 4.1
• variety: means a cultivated subdivision of a kind of plant that may be characterized by growth habits, fruit, seed, or other characteristics, by which it can be differentiated from other plants of the same kind. See Iowa Code 199.1
• Vegetable seed: means the crops which are grown in gardens or truck farms and are generally sold under the name of vegetable or herb seed in this state. See Iowa Code 199.1
• Weed seed: means the seed of all plants listed as weeds in this chapter or listed as weeds in the rules of the department or commonly recognized as weeds in this state. See Iowa Code 199.1
• week: means seven consecutive days. See Iowa Code 4.1
• year: means twelve consecutive months. See Iowa Code 4.1