Washington Code 60.13.040 – Filing of statement evidencing lien — Contents — Standard filing forms, fees, and procedures
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(1) A producer or commercial fisher claiming a wine producer, processor, or preparer lien may file a statement evidencing the lien with the department of licensing after payment from the wine producer, processor, conditioner, or preparer to the producer or fisher 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.
Terms Used In Washington Code 60.13.040
- 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.
- 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.
- Preparer: means a person engaged in the business of feeding livestock or preparing livestock products for market. See Washington Code 60.13.010
- 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
- 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
(2) The statement shall be in a record, authenticated by the producer or fisher, 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 wine producer, 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.
[ 2013 c 23 § 120; 2012 c 106 § 3; 2002 c 278 § 2; 2001 c 32 § 6. Prior: 1987 c 189 § 7; 1987 c 148 § 3; 1985 c 412 § 4.]
NOTES:
Effective date—2001 c 32: See note following RCW 62A.9A-102.