Washington Code 60.13.038 – Wine producer lien — First priority — Terms
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Starting on the date a producer of vinifera grapes delivers vinifera grapes to a wine producer, the producer has a first priority statutory lien, referred to as a wine producer lien. This wine producer lien shall continue, without filing notice of lien, until sixty days after payment for the product is due and remains unpaid, for the contract price, if any, or the fair market value of the products delivered. The wine producer lien attaches to the vinifera grapes delivered, to the wine producer’s inventory, and to the wine producer’s accounts receivable. For purposes of this section, payment is due on the date specified in the contract, or if not specified or no contract exists, then within thirty days from time of delivery.
[ 2012 c 106 § 2.]
Terms Used In Washington Code 60.13.038
- 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.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Vinifera grapes: means the agricultural product commonly known as Vitis vinifera and those hybrid of Vitis vinifera that have predominantly the character of Vitis vinifera. See Washington Code 60.13.010
- Wine producer: means any person or other entity licensed under Title 66 RCW to produce within the state wine from vinifera grapes. See Washington Code 60.13.010