Current Status Introducing Body:House Bill Number:4683 Primary Sponsor:Chamblee Committee Number:25 Type of Legislation:GB Subject:Agricultural products, purchase price, provisions Residing Body:House Current Committee:Judiciary Computer Document Number:CYY/19042.SD Introduced Date:Apr 07, 1992 Last History Body:House Last History Date:Apr 07, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Chamblee Type of Legislation:General Bill
Bill Body Date Action Description CMN
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4683 House Apr 07, 1992 Introduced, read first time, 25
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-160 SO AS TO PROVIDE THAT ANY PERSON WHO HAS SOLD ANOTHER ANY AGRICULTURAL PRODUCTS, WHICH HAVE NOT BEEN PAID FOR, HAS A PREFERENCE ON THE PRICE OF THIS PROPERTY OVER THE OTHER CREDITORS OF THE PURCHASER, WHETHER THE SALE WAS MADE ON A CREDIT OR WITHOUT, IF THIS PROPERTY STILL REMAINS IN THE POSSESSION OF THE PURCHASER, TO PROVIDE THAT ANY PERSON WHO SELLS AGRICULTURAL PRODUCTS IS ENTITLED TO A SPECIAL LIEN THEREON FOR THE PERIOD OF SIXTY DAYS AFTER THE DATE OF DELIVERY, TO PROVIDE THAT WITHIN THIS TIME THE VENDOR IS ENTITLED TO SEIZE THIS PROPERTY AND HIS CLAIM FOR THE PURCHASE PRICE SHALL HAVE PREFERENCE OVER ALL OTHERS, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION SUPERSEDE THE PROVISIONS OF THE UNIFORM COMMERCIAL CODE WITH CERTAIN EXCEPTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 46-1-160. (A) For purposes of this section, `agricultural products' shall mean and include the natural products of the farm, orchard, vineyard, garden and apiary, raw and manufactured; livestock and poultry products but shall not include timber products.
(B) Any person who has sold another any agricultural products, which have not been paid for, has a preference on the price of this property over the other creditors of the purchaser, whether the sale was made on a credit or without, if this property still remains in the possession of the purchaser.
(C) Any person who sells agricultural products is entitled to a special lien and privilege thereon to secure the payment of the purchase price for a period of sixty days after the date of delivery. Within this time the vendor is entitled to seize this property in whatsoever hands or place they may be found, and his claim for the purchase price shall have preference over all others. If the vendor gives a written order for the delivery of any such products and shall say in the order that they are to be delivered without the vendor's privilege provided in this section, then no lien shall attach.
(D) The provisions of this section supersede the provisions of the Uniform Commercial Code. However, if a person selling agricultural products perfects a security interest therein as permitted by the Uniform Commercial Code, his remedies and obligations if he is not paid for these products, and those of the purchaser and subsequent purchasers for value, lie under the provisions of the Uniform Commercial Code and not under the rights and privileges afforded by this section."
SECTION 2. This act takes effect upon approval by the Governor.