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190c-22
190C.22 INVESTIGATIONS, COMPLAINTS, INSPECTIONS, AND
EXAMINATIONS.
In enforcing the provisions of this chapter consistent with the
national organic program, the department may conduct an investigation
to determine if a person is complying with the requirements of this
chapter. To the extent consistent with the national organic program,
all of the following shall apply:
1. The department may receive a complaint from any person
regarding a violation of this chapter. The department shall adopt
procedures for persons filing complaints. The department shall
establish procedures for processing complaints including requiring
minimum information to determine the verifiability of a complaint.
2. The department may conduct inspections at times and places and
to an extent that the department determines necessary in order to
conclude whether there is a violation of this chapter. The
department may enter upon any public or private premises during
regular business hours in a manner consistent with the laws of this
state and the United States, including Article I, section 8, of the
Constitution of the State of Iowa, or the fourth amendment to the
Constitution of the United States for purposes of carrying out an
inspection.
3. The department may conduct examinations of agricultural
products in order to determine if the agricultural products are in
compliance with this chapter. Unless the national organic program
otherwise requires, all of the following shall apply:
a. The methods for examination shall be the official methods
adopted by the association of official agricultural chemists in all
cases where methods have been adopted by the association.
b. A sworn statement by the state chemist or the state
chemist's deputy stating the results of an analysis of a sample taken
from a lot of agricultural products shall constitute prima facie
evidence of the correctness of the analysis of that lot in a
contested case proceeding or court proceeding. Section History: Recent Form
98 Acts, ch 1205, §12, 20; 2003 Acts, ch 104, §13, 21
