Washington Code 60.13.020 – Processor lien
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Starting on the date a producer delivers any agricultural product to a processor or conditioner, the producer has a first priority statutory lien, referred to as a “processor lien.” A commercial fisher who delivers fish to a processor also has a first priority statutory “processor lien” starting on the date the fisher delivers fish to the processor. This processor lien shall continue until twenty days after payment for the product is due and remains unpaid, without filing any notice of lien, for the contract price, if any, or the fair market value of the products delivered. The processor lien attaches to the agricultural products or fish delivered, to the processor’s or conditioner’s inventory, and to the processor’s or conditioner’s accounts receivable. However, no processor lien may attach to agricultural products or fish delivered by a producer or commercial fisher, or on the producer’s or fisher’s behalf, to a processor which is organized and operated on a cooperative basis and of which the producer or fisher is a member, nor may such lien attach to such processor’s inventory or accounts receivable.
Terms Used In Washington Code 60.13.020
- Agricultural product: means any unprocessed horticultural, vermicultural and its by-products, 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. See Washington Code 60.13.010
- Commercial fisher: 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. See Washington Code 60.13.010
- Contract: A legal written agreement that becomes binding when signed.
- 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. See Washington Code 60.13.010
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Fish: means food fish or shellfish or steelhead legally caught pursuant to executive order, treaty right, or federal statute. See Washington Code 60.13.010
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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. See Washington Code 60.13.010