§3321. Purpose The Legislature finds that the potato industry has a substantial and unique effect on the economy of the entire State and Aroostook County in particular. A large number of people in Maine are directly or indirectly dependent upon the potato industry. In the recent past, a number of potato producers have been very […]
§3322. Definitions As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings. [PL 1975, c. 725 (NEW).] 1. Commissioner. “Commissioner” shall mean the Commissioner of Agriculture, Conservation and Forestry. [PL 1979, c. 731, §19 (AMD); PL 2011, c. 657, Pt. W, §6 (REV).] 2. Farm […]
§3323. Producer’s lien attached to processed agricultural goods Every producer of potatoes which the producer grows, harvests and sells to any processor under contract, express or implied, has a lien upon such product and upon all processed or manufactured forms of potatoes for his labor, care and expense in growing and harvesting the raw product. […]
§3324. Attachment of lien Except as herein provided, the producer lien, attached to the finished product manufactured or processed by a processor shall take effect immediately upon notification by a producer within 10 business days from the date specified in the contract, express or implied, for payment of insufficient or no payment to the producer […]
§3325. Preference of liens The producer’s lien is a preferred lien attached to the finished product in inventory and to the proceeds thereof to the full extent of the price of the raw product delivered to the processor and shall be preferred to all other liens, claims or encumbrances except for the liens or security […]
§3326. Duration of lien Except as herein provided in section 3324, the lien of a producer shall remain in effect until the producer receives payment that satisfies the total claim of the producer against the processor. [PL 1975, c. 725 (NEW).] SECTION HISTORY PL 1975, c. 725 (NEW).
§3327. Personal action to recover debt This chapter does not impair or affect the right of any claimant that possesses a lien to maintain a personal action to recover such debt against a processor, either in an action to foreclose his lien or in a separate action. He is not required to state in his […]
§3328. Request for an injunction The plaintiff in an action which is brought to foreclose any of the liens which are provided for in this chapter may, in a proper case, and upon proper allegations, secure an injunction against the processor to restrain the doing of any acts on the part of such processor which […]
§3329. Insufficient security If in a court proceeding to foreclose such lien it is found and determined by the court that there is no cash, bond or other deposit as security for the payment of any of the lien claims as set out in the complaint, the judgment of foreclosure shall be against a sufficient […]
§3330. Consolidation of liens All actions filed by the commissioner or producers against any processor for the foreclosure of the liens or other security which are provided for in this chapter may be consolidated by the court and all persons that are necessary, to a determination of such action may be made parties to such […]
§3331. Violations and penalty 1. Violation. A processor may not remove any farm product that is delivered to the processor or any processed form of the farm product upon which any of the liens that are provided for in this chapter are attached from this State or beyond the processor’s ownership or control, except any […]
