Article 2. Poultry And Fish Supply Lien of California Food And Agricultural Code >> Division 20. >> Chapter 12. >> Article 2.
A person who provides feed or materials to aid the raising
or maintaining of poultry or fish or for the production of eggs has a
lien upon the proceeds of the sale of the eggs, poultry, fish, or
other products derived from eggs, poultry, or fish, for the
reasonable or agreed charges for the feed or materials provided, and
for the costs of enforcing the lien. However, the amount of charges
secured by the lien shall not exceed an amount equal to the
reasonable or agreed charges for feed or material provided within a
45-day period, and only two providers of feed or materials shall have
an enforceable lien at any time according to the priority set forth
in Section 57525.
(a) The lien created pursuant to this chapter attaches to
the proceeds.
(b) Except as otherwise provided in this chapter, the notice of
claim of lien shall remain in effect, and no new notice of claim of
lien shall be required in order to maintain the lien, as long as the
person who provides feed or materials either (1) remains unpaid for
amounts secured by the lien, or (2) continues to provide feed or
materials on a regular basis to the lien debtor. For purposes of this
section, providing feed or materials shall not be deemed to be made
on a regular basis if a period of more than 30 days elapses between
deliveries.
The lien created by this chapter shall be perfected and
shall be effective upon the filing of a notice of claim of lien with
the Secretary of State pursuant to this article.
Any person who provides feed or materials may, at any time,
file in the manner and at the place set forth in this article, the
notice of claim of lien.
The notice of claim of lien shall contain all of the
following information:
(a) The name and address of the lien claimant.
(b) The name and address of the lien debtor.
(c) The location of the property to which the feed and materials
were delivered.
(d) That the lien claimant has a poultry or fish supply lien
pursuant to Section 57510.
The notice of claim of lien shall be signed by the lien
claimant or by a person authorized to sign documents of a similar
kind on behalf of the claimant.
The notice of claim of lien shall be filed on a form which
is the standard form of original financing statement prescribed by
the Secretary of State pursuant to Section 9521 of the Commercial
Code. The standard form shall be completed with the following
changes:
(a) The lien claimant may be identified either as a lien claimant
or as a secured party.
(b) The form shall be signed by the lien claimant and need not be
signed by the lien debtor.
(c) In the space for the description of the collateral there shall
instead be entered the information specified in subdivisions (c) and
(d) of Section 57514.
The notice of claim of lien shall be filed, indexed, and
marked in the office of the Secretary of State in the same manner as
a financing statement is filed, indexed, and marked pursuant to
Section 9519 of the Commercial Code.
The lien claimant shall provide written notice of the claim
of lien to the lien debtor within 10 days of the date of the filing
with the office of the Secretary of State.
For the purpose of the Secretary of State's index pursuant
to Section 9519 of the Commercial Code and for the purpose of the
issuance of a certificate pursuant to Section 9519 or 9528 of the
Commercial Code, the Secretary of State shall identify a notice
pursuant to this article as a financing statement.