Agricultural processor’s lien--Sale or consignment before time to perfect expires--Notification--Written consent to sell or consign

If the person for whom the processing pursuant to § 38-17-14 was done desires to sell or consign the grain, seed, hay, silage, or other agricultural product, before the time to perfect the lien has expired, the person must notify the consignee or purchaser that the debt for the threshing, combining, shelling, husking, shredding, cutting, hulling, baling, mowing, grinding, raking, or pulverizing has not been paid, and the lien created under § 38-17-14 applies to the purchase price paid by the purchaser or consignee. If the agricultural product covered by the lien pursuant to § 38-17-14 is sold or consigned with the written consent of the person entitled to a lien, within sixty days after the date of the completion of the processing and no financing statement has been filed, the lien does not attach to the agricultural product covered by the lien pursuant to § 38-17-14 , or to the purchase proceeds, unless the person entitled to the lien notifies the purchaser in writing of the lien before the purchase. Source: SL 2025, ch 166 , § 3, eff. Jan. 1, 2027; SL 2026, ch 165 , § 3.