CHAPTER 13. Agricultural Chemical and Seed Lien [57551. - 57595.]

Chapter 13 added by Stats. 1990, Ch. 1502, Sec. 2.

§§ 57551–57595 · 25 sections

1. ARTICLE 1. Definitions §§ 57551–57555 · 5 sections

   • § 57551 “Agricultural chemical” means fertilizers, fertilizer material, lime, chemical compounds, pesticides, pesticide chemicals, plant regulators, plant amendments,…
   • § 57552 “Agricultural seed” means the seed of any domesticated grass or cereal, of any vegetable, flower, or propagated plant, and of any legume or other plant which…
   • § 57553 “Labor” means labor or service performed in the application, delivery, or preparation of an agricultural chemical or agricultural seed provided by the seller…
   • § 57554 “Proceeds” means funds received by the lien debtor from the sale of the crop on which the agricultural chemical was applied or for which the agricultural seed…
   • § 57555 “Reasonable or agreed charges” means the agreed price, if any, for agricultural chemicals or agricultural seeds sold to the lien debtor, at the lien debtor’s…
2. ARTICLE 2. Agricultural Chemical and Seed Lien §§ 57561–57570 · 11 sections

   • § 57561 (a) A person who provides agricultural chemical or agricultural seed is not entitled to establish a lien pursuant to this chapter, unless that person has first…
   • § 57562 Except as otherwise provided in this chapter, the notice of claim of lien shall remain in effect, and no new notice of claim of lien shall be required in order…
   • § 57563 The lien created by this chapter shall be perfected and shall be effective upon the filing of a notice of claim of lien with the Secretary of State pursuant to…
   • § 57564 Any person who provides agricultural chemicals or agricultural seeds may file in the manner and at the place set forth in Section 57568, the notice of claim of…
   • § 57564.5 (a) The director shall, by regulation, establish methods and procedures for the settlement of a dispute between a lien claimant supplying agricultural…
   • § 57565 The notice of claim of lien shall contain all of the following information: (a) The name and address of the lien claimant. (b) The name and address of the lien…
   • § 57566 The notice of claim of lien shall be signed by the lien claimant or by a person authorized to sign documents of a similar kind on behalf of the claimant.
   • § 57567 The notice of claim of lien shall be filed on a form which is the standard form of original financing statement prescribed by the Secretary of State pursuant…
   • § 57568 The notice of claim of lien shall be filed, indexed, and marked in the office of the Secretary of State in the same manner as a financing statement is filed,…
   • § 57569 The lien claimant shall provide written notice of the claim of lien to the lien debtor within 10 days of the date of the filing with the office of the…
   • § 57570 For the purpose of the Secretary of State’s index pursuant to Section 9519 of the Commercial Code and for the purpose of the issuance of a certificate pursuant…
3. ARTICLE 3. Priority of Lien § 57575 · 1 section

   • § 57575 (a) The lien created pursuant to this chapter shall have the priority in accordance with the time the notice of claim of lien is filed. (b) The lien created…
4. ARTICLE 4. Information Concerning Lien §§ 57581–57582 · 2 sections

   • § 57581 A member of the public may obtain a certificate identifying whether there is a lien on file and any notice of claim of lien naming a particular debtor, and if…
   • § 57582 A member of the public may obtain a copy of any notice of an agricultural chemical or seed lien filed, including notices affecting the notices. The fee for…
5. ARTICLE 5. Enforcement of Lien §§ 57585–57587 · 3 sections

   • § 57585 The lien claimant shall provide written notice to secured creditors at least 30 days prior to enforcing a claim of lien. For purposes of this section, “secured…
   • § 57586 The lien claimant shall foreclose on a lien created by this chapter only in an action to recover the reasonable or agreed charges. The final judgment shall be…
   • § 57587 (a) When a lien claimant receives payment for the total amounts secured by the lien and the lien claimant has not furnished agricultural chemicals or seeds for…
6. ARTICLE 6. Assignment of Lien §§ 57590–57591 · 2 sections

   • § 57590 (a) A lien created pursuant to this chapter is assignable or transferable by the holder of the lien, with full rights of enforcement. (b) The lienholder shall…
   • § 57591 Except to the extent specifically set forth in this chapter, the lien created by this chapter is subject to Division 9 (commencing with Section 9101) of the…
7. ARTICLE 7. Miscellaneous § 57595 · 1 section

   • § 57595 The Secretary of State may adopt any regulations necessary to carry out his or her duties pursuant to this chapter, including prescribing necessary forms.