Iowa Code 204.9 – Right of access
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1. a. The department, including an authorized inspector, employee, or agent of the department, may enter onto a crop site during reasonable hours to determine whether a licensee is acting in compliance with the requirements under this chapter. The department may also enter into any structure if all of the following apply:
(1) The structure is not a dwelling.
(2) The structure is located on or in close proximity to the licensee‘s crop site, and the use of such structure is directly related to the production of hemp, including but not limited to a barn, machine shed, greenhouse, or storage crib.
b. The department may require the licensee to furnish business records, including books, accounts, records, files, and any other documents in print or electronic media that the department deems relevant to an inquiry conducted under this chapter.
c. The department may request the department of public safety or a local law enforcement agency accompany the department of agriculture and land stewardship when conducting an inspection.
Terms Used In Iowa Code 204.9
- 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 204.2
- 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
- Hemp: means the plant cannabis sativa L. See Iowa Code 204.2
- Licensee: means a licensed grain dealer or licensed warehouse operator. See Iowa Code 203D.1
- Licensee: means a person who obtains a hemp license from the department under this chapter. See Iowa Code 204.2
- Local law enforcement agency: means an office of county sheriff or a municipal police department. See Iowa Code 204.2
- 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
- site: means a single contiguous tract of agricultural land suitable for the planting, growing, or harvesting of hemp, if the tract does not exceed three hundred twenty acres. See Iowa Code 204.2
2. a. The department of public safety or a local law enforcement agency may conduct an inspection of a licensee’s crop site or enter into a structure located on or in close proximity to the crop site and may require a licensee to furnish business records, in the same manner and according to the same limitations as the department of agriculture and land stewardship pursuant to subsection 1.
b. The department of public safety or a local law enforcement agency may obtain a sample of plants that are part of the crop and provide for a test of that sample as provided in section 204.8. The department of public safety or a local law enforcement agency shall not impose, assess, or collect a fee for conducting an inspection or test under this section.
3. A person shall not prevent the department, the department of public safety, or a local law enforcement agency from administering and enforcing the provisions of this section by any means, including but not limited to any act, including a refusal to allow entry, misrepresentation, omission, or concealment of facts.
4. A licensee shall not harvest any portion of a crop produced at the licensee’s crop site if the department, the department of public safety, or a local law enforcement agency has been prevented from accessing the site under this section.