Agricultural produce lien
- • date lien attaches
(1) An agricultural producer that delivers or transfers agricultural produce for consideration to a purchaser has a lien for the contract price of that produce, or for the reasonable value of the produce if there is no contract price. The lien created by this section attaches to all agricultural produce, whether in a raw or processed condition, delivered or transferred to the purchaser by any agricultural producer and to all other inventory of the purchaser. The lien also attaches to proceeds received by the purchaser from the sale by the purchaser to a third party of any raw or processed agricultural produce. If the agricultural produce that an agricultural producer delivers to the purchaser consists of meat animals, the lien also attaches to all accounts receivable by the purchaser from the sale of any agricultural produce to a third party. The lien on the agricultural produce, inventory, proceeds or accounts receivable attaches on the date physical possession of the agricultural produce is delivered or transferred by the agricultural producer to the purchaser or an agent of the purchaser.
(2) An agricultural producer that claims a lien under subsection (1) of this section need not file any notice in order to perfect the lien. The agricultural producer must file a notice of lien as provided in ORS 87.710 (Filing notice of lien) or a notice of claim of lien as provided in ORS 87.242 (Filing notice of claim of lien) to extend the lien beyond the normal expiration date.
(3) The lien created by this section is subject to the provisions of ORS 79.0320 (UCC 9-320. Buyer of goods) (1).
(4) An agreement by an agricultural producer purporting to waive the right to file notice under ORS 87.242 (Filing notice of claim of lien) or 87.710 (Filing notice of lien) of a lien created by this section is void as contrary to public policy. [1973 c.647 §3; 1975 c.648 §53; 1999 c.612 §2; 2001 c.301 §11; 2007 c.71 §21; 2011 c.359 §2]
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