Title 2, Chapter 9, Section 11.1
( 2-9-11.1)
(a) In the absence of a written contract between the producer and a
dealer in agricultural products to the contrary, any agricultural
product which is harvested by a dealer, an agent or employee of a
dealer, or an independent contractor retained by a dealer or which
is delivered to a dealer or an agent or employee thereof on the farm
or at a facility of the dealer shall become the property of the
dealer at the time of delivery and the dealer shall become obligated
to pay the agreed-upon price as provided in subsection (b) of this
Code section. (b) A dealer in agricultural products shall make prompt payment for
agricultural products purchased in this state. Prompt payment shall
mean payment 20 days following delivery, as provided in subsection
(a) of this Code section, unless explicitly stated otherwise in a
written contract agreed to by the producer and dealer in
agricultural products. (c) Unless explicitly stated otherwise in a written contract, at the
time of delivery as specified in subsection (a) of this Code
section, the dealer and the producer in agricultural products shall
jointly issue a certificate of receipt and quality to the producer
or the producer's agent. The certificate of receipt and quality
shall contain information, including but not limited to the: (1) Name and address of the dealer in agricultural products; (2) Name and address of the producer; (3) Delivery date and time of receipt; (4) Description of the product as to identity, quantity, quality,
condition, and grade of the product; (5) Price per unit; and (6) Terms of the transaction. Information contained in the certificate of receipt and quality pertaining to quality, quantity, and price shall be presumed to be satisfied unless such agricultural product is inspected and a certificate stating the product is in a different condition is issued by an inspector pursuant to Code Section 2-9-11 within 48 hours of delivery of the agricultural product to the dealer. (d) This Code section does not preclude the producer from commencing
and maintaining an action against the dealer as in any civil action. |