Iowa Code 579B.3 – Establishment of lien
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Terms Used In Iowa Code 579B.3
- Contract: A legal written agreement that becomes binding when signed.
- 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
- Lien: A claim against real or personal property in satisfaction of a debt.
- Livestock: includes but is not limited to an animal classified as an ostrich, rhea, or emu. See Iowa Code 4.1
- property: includes personal and real property. See Iowa Code 4.1
579B.3 Establishment of lien.
1. A commodity production contract lien is created. The lien is an agricultural lien as
provided in § 554.9302.
2. A contract producer who is a party to a production contract executed pursuant to § 579B.2 shall have a lien as provided in this section. The contract producer is a secured party and the contractor is a debtor for purposes of chapter 554, article 9. The amount of the lien shall be the amount owed to the contract producer pursuant to the terms of the production contract, which may be enforced as provided in § 579B.5.
3. If the production contract is for the production of livestock or raw milk, all of the following shall apply:
a. For livestock, the lien shall apply to all of the following:
(1) If the livestock is not sold or slaughtered by the contractor, the lien shall be on the livestock.
(2) If the livestock is sold by the contractor, the lien shall be on cash proceeds from the sale. For purposes of this paragraph, cash held by the contractor shall be deemed to be cash proceeds from the sale regardless of whether it is identifiable cash proceeds.
(3) If the livestock is slaughtered by the contractor, the lien shall be on any property of the contractor that may be subject to a security interest as provided in § 554.9109.
b. For raw milk, the lien shall apply to all of the following:
(1) If the raw milk is not sold or processed by the contractor, the lien shall be on the raw milk.
(2) If the raw milk is sold by the contractor, the lien shall be on cash proceeds from the sale. For purposes of this paragraph, cash held by the contractor shall be deemed to be cash proceeds from the sale regardless of whether it is identifiable cash proceeds.
(3) If the raw milk is processed by the contractor, the lien shall be on any property of the contractor that may be subject to a security interest as provided in § 554.9109.
4. If the production contract is for the production of crops, all of the following shall apply:
a. If the crop is not sold or processed by the contractor, the lien shall be on the crop.
b. If the crop is sold by the contractor, the lien shall be on cash proceeds from the sale. For purposes of this paragraph, cash held by the contractor shall be deemed to be cash proceeds from the sale regardless of whether it is identifiable cash proceeds.
c. If the crop is processed by the contractor, the lien shall be on any property of the contractor that may be subject to a security interest as provided in § 554.9109.
99 Acts, ch 169, §16, 22, 24; 2000 Acts, ch 1149, §181 – 183, 187; 2001 Acts, ch 25, §8 – 10;
2002 Acts, ch 1119, §95
Referred to in §579B.1, 579B.2, 579B.5
1. A commodity production contract lien is created. The lien is an agricultural lien as
provided in § 554.9302.
2. A contract producer who is a party to a production contract executed pursuant to § 579B.2 shall have a lien as provided in this section. The contract producer is a secured party and the contractor is a debtor for purposes of chapter 554, article 9. The amount of the lien shall be the amount owed to the contract producer pursuant to the terms of the production contract, which may be enforced as provided in § 579B.5.
3. If the production contract is for the production of livestock or raw milk, all of the following shall apply:
a. For livestock, the lien shall apply to all of the following:
(1) If the livestock is not sold or slaughtered by the contractor, the lien shall be on the livestock.
(2) If the livestock is sold by the contractor, the lien shall be on cash proceeds from the sale. For purposes of this paragraph, cash held by the contractor shall be deemed to be cash proceeds from the sale regardless of whether it is identifiable cash proceeds.
(3) If the livestock is slaughtered by the contractor, the lien shall be on any property of the contractor that may be subject to a security interest as provided in § 554.9109.
b. For raw milk, the lien shall apply to all of the following:
(1) If the raw milk is not sold or processed by the contractor, the lien shall be on the raw milk.
(2) If the raw milk is sold by the contractor, the lien shall be on cash proceeds from the sale. For purposes of this paragraph, cash held by the contractor shall be deemed to be cash proceeds from the sale regardless of whether it is identifiable cash proceeds.
(3) If the raw milk is processed by the contractor, the lien shall be on any property of the contractor that may be subject to a security interest as provided in § 554.9109.
4. If the production contract is for the production of crops, all of the following shall apply:
a. If the crop is not sold or processed by the contractor, the lien shall be on the crop.
b. If the crop is sold by the contractor, the lien shall be on cash proceeds from the sale. For purposes of this paragraph, cash held by the contractor shall be deemed to be cash proceeds from the sale regardless of whether it is identifiable cash proceeds.
c. If the crop is processed by the contractor, the lien shall be on any property of the contractor that may be subject to a security interest as provided in § 554.9109.
99 Acts, ch 169, §16, 22, 24; 2000 Acts, ch 1149, §181 – 183, 187; 2001 Acts, ch 25, §8 – 10;
2002 Acts, ch 1119, §95
Referred to in §579B.1, 579B.2, 579B.5