AN
ACT Relating to agricultural liens; and amending RCW 60.13.010, 60.13.040, and
60.13.060.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
60.13.010 and 1991 c 174 s 2 are each amended to read as follows:
As
used in this chapter, the terms defined in this section have the meanings
indicated unless the context clearly requires otherwise.
(1)
"Agricultural product" means any unprocessed horticultural,
vermicultural and its byproducts, viticultural, berry, poultry, poultry
product, grain, bee, or other agricultural products, and includes mint or mint
oil processed by or for the producer thereof and hay and straw baled or
prepared for market in any manner or form and livestock. When used in RCW
60.13.020, "agricultural product" means horticultural, viticultural,
aquacultural, or berry products, hay and straw, milk and milk products, vegetable
seed, or turf and forage seed and applies only when such products are
delivered to a processor or conditioner in an unprocessed form.
(2)
"Conditioner," "consignor," "person," and
"producer" have the meanings defined in RCW 20.01.010.
(3)
"Delivers" means that a producer completes the performance of all
contractual obligations with reference to the transfer of actual or constructive
possession or control of an agricultural product to a processor or conditioner
or preparer, regardless of whether the processor or conditioner or preparer
takes physical possession.
(4)
"Preparer" means a person engaged in the business of feeding
livestock or preparing livestock products for market.
(5)
"Processor" means any person, firm, company, or other organization
that purchases agricultural products except milk and milk products from a
consignor and that cans, freezes, dries, dehydrates, cooks, presses, powders,
or otherwise processes those crops in any manner whatsoever for eventual
resale, or that purchases or markets milk from a dairy producer and is
obligated to remit payment to such dairy producer directly.
(6)
"Commercial fisherman" means a person licensed to fish commercially
for or to take food fish or shellfish or steelhead legally caught pursuant to
executive order, treaty right, or federal statute.
(7)
"Fish" means food fish or shellfish or steelhead legally caught
pursuant to executive order, treaty right, or federal statute.
Sec.
2. RCW
60.13.040 and 2001 c 32 s 6 are each amended to read as follows:
(1)
A producer or commercial fisherman claiming a processor or preparer lien may
file a statement evidencing the lien with the department of licensing after
payment from the processor, conditioner, or preparer to the producer or
fisherman is due and remains unpaid. For purposes of this subsection and RCW
60.13.050, payment is due on the date specified in the contract, or if not
specified, then within thirty days from time of delivery.
(2)
The statement shall be in a record, authenticated by the producer or fisherman,
and shall contain in substance the following information:
(a)
A true statement or a reasonable estimate of the amount demanded after
deducting all credits and offsets;
(b)
The name of the processor, conditioner, or preparer who received the
agricultural product or fish to be charged with the lien;
(c)
A description sufficient to identify the agricultural product or fish to be
charged with the lien;
(d)
A statement that the amount claimed is a true and bona fide existing debt as of
the date of the filing of the notice evidencing the lien;
(e)
The date on which payment was due for the agricultural product or fish to be
charged with the lien; and
(f)
The department of licensing may by rule prescribe standard filing forms, fees,
and uniform procedures for filing with, and obtaining information from, filing
officers.
Sec.
3. RCW
60.13.060 and 1987 c 148 s 5 are each amended to read as follows:
(1)
The processor lien shall terminate ((six)) twelve months after,
and the preparer lien shall terminate fifty days after, the later of the date
of attachment or filing, unless a suit to foreclose the lien has been filed
before that time as provided in RCW 60.13.070.
(2) If a statement has been filed as provided in RCW 60.13.040 and
the producer or commercial fisherman has received payment for the obligation
secured by the lien, the producer or fisherman shall promptly file with the
department of licensing a statement declaring that full payment has been
received and that the lien is discharged. If, after payment, the producer or
fisherman fails to file such statement of discharge within ten days following a
request to do so, the producer or fisherman shall be liable to the processor,
conditioner, or preparer in the sum of one hundred dollars plus actual damages
caused by the failure.
