The Vermont Statutes Online

Title 6: Agriculture

Chapter 159: Producer's Lien

• § 2901. Creation of lien

  The liability of a handler to a producer for the unpaid purchase price of dairy products purchased shall be a first lien on the real and personal property of a handler and shall have priority over any other claim or lien against the handler, except:

  (1) Taxes assessed against such property of the handler by the municipality in which the property is located.

  (2) A duly recorded mortgage, deed, or other conveyance to the extent that consideration has been paid in good faith before the recording of a notice of such producer’s lien as provided in section 2902 of this title. (Added 1965, No. 175, § 26; amended 2021, No. 105 (Adj. Sess.), § 123, eff. July 1, 2022.)

• § 2902. Recording notice of lien

  A producer’s lien shall not continue for more than 60 days from the time when payment became due for the last of the dairy products sold unless a notice of the lien is filed in the case of real estate in the office of the town clerk of the town where the real estate is located and in the case of personal property in the office of the town clerk of the town where the handler resides, or, if the handler resides out of state, then in the town where the personal property is located. Within ten days thereafter a copy of the memorandum shall be filed by the producer with the Secretary of Agriculture, Food and Markets, who may publish it as necessary to provide notice thereof to other producers of the handler. (Added 1965, No. 175, § 27; amended 2003, No. 42, § 2, eff. May 27, 2003.)

• § 2903. Effect of lien

  Unless the handler has paid the claim upon which the lien is founded, he or she shall not, after receipt of written notice of a producer’s lien, mortgage or otherwise convey any property upon which a producer’s lien is claimed without disclosing in writing such lien to the vendee or mortgagee or stating the existence of it in the instrument conveying or mortgaging the property. If a handler fails so to disclose a producer’s lien, he or she shall be liable to any person thereby injured in an action on this statute for the damages sustained. (Added 1965, No. 175, § 28.)

• § 2904. Action to enforce lien

  Not less than 30 nor more than 90 days from the time of filing the notice of lien, the producer may commence an action to perfect his or her lien. The action shall be commenced by causing the real estate or other property against which the lien is claimed to be attached as upon mesne process. Any producer who has duly recorded a notice of lien against the property prior to the commencement of such action may join in the suit. All items perfected by the suit shall be paid pro rata if the property of the handler is not sufficient to pay them in full. (Added 1965, No. 175, § 29.)

• § 2905. Foreclosure and sale

  Within 90 days after the date of judgment in the suit to perfect the lien or liens, the plaintiff may cause a certified copy of the lien to be recorded in the office of the clerk of the town in which the notice of lien was originally filed. The judgment order shall state the period, not exceeding one year, in which the right of the defendant to redeem the property may be exercised or, alternatively, shall provide for the time, place, manner, and notice of a sale of the property and application of the proceeds from the sale in payment of the producer’s liens and the lawful claims of others in the property. (Added 1965, No. 175, § 30; amended 2021, No. 105 (Adj. Sess.), § 124, eff. July 1, 2022.)