As used in NRS 108.880 to 108.896, inclusive, unless the context otherwise requires, the words and terms defined in NRS 108.881 to 108.885, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2001, 1228)
“Cash” means coin or currency of the United States. The term does not include a check or money order. (Added to NRS by 2001, 1228)
“Farm product” includes every agricultural, horticultural, viticultural or vegetable product grown and harvested in this state. The term does not include timber or a timber product. (Added to NRS by 2001, 1228)
“Processed farm product” includes, without limitation, a farm product in a preserved, manufactured or processed form. (Added to NRS by 2001, 1228)
1. “Processor” means a person who: (a) Is engaged in the business of processing or manufacturing farm products; and (b) Solicits, buys, contracts to buy or otherwise takes title to, or possession or control of, farm products from the producer for the purposes of processing, manufacturing, selling, reselling or redelivering the farm product. 2. The […]
“Producer” means a person who is engaged in the business of growing or producing a farm product in this state. (Added to NRS by 2001, 1228)
1. In addition to all other rights and remedies which are provided by law, a producer that delivers or sells a farm product which is grown by the producer to a processor pursuant to a contract, express or implied, has a lien for the labor, care and expense in growing and harvesting the farm product […]
1. Unless released by payment or by security which is given for payment before attachment of a lien, the lien of a producer pursuant to NRS 108.887: (a) Attaches on the date of delivery of the farm product by a producer to a processor; and (b) Is a preferred lien and superior to all other […]
1. To perfect the lien provided for in NRS 108.887, a producer must, not later than 45 days after the date on which the lien attaches pursuant to NRS 108.888, file a notice of the lien in the Office of the Secretary of State in the manner set forth in NRS 104.9516 and on a […]
1. The lien provided for in NRS 108.887 applies to any farm product and any processed farm product in the possession of the processor. 2. For the purposes of this section, a farm product or a processed farm product deposited by a processor with a warehouse, whether or not warehouse receipts are given as security […]
1. A lien on a farm product or processed farm product may be released to the extent that the value of the claim upon the farm product or processed farm product is secured by: (a) A surety bond; (b) A cash deposit; or (c) Other security given and approved by a producer who holds a […]
1. Subject to the approval of a producer holding a lien, a processor may obtain a release of the lien by: (a) Paying the agreed or actual value of any farm product that is delivered to or purchased by the processor within 20 days after the date of delivery of the farm product, unless the […]
1. In an action commenced by a lien claimant, a defendant processor may file a surety bond with the court in which the action is pending in an amount that is sufficient to cover the demand of the complaint of the plaintiff producer, including attorneys’ fees and costs. 2. Upon the filing of the bond […]
1. The judgment, if any, obtained by a plaintiff in a personal action against a processor to obtain payment for farm products does not impair or merge the lien rights or claims that are held by a plaintiff. 2. Any money collected from a personal judgment must be credited against the amount of the lien […]
1. The plaintiff in an action that is commenced to foreclose a lien provided for in NRS 108.887 may obtain a preliminary injunction against the processor to restrain the processor from removing a processed farm product in the processor’s possession or under the processor’s control and upon which valid liens exist beyond the jurisdiction of […]
1. All actions commenced by a producer or producers against a processor for the foreclosure of liens or other security provided for in NRS 108.880 to 108.896, inclusive, may be consolidated by the court and all persons that are necessary to a determination of the action may be made parties to the action. 2. All […]
