[Code of Federal Regulations]

[Title 9, Volume 2]

[Revised as of January 1, 2007]

From the U.S. Government Printing Office via GPO Access

[CITE: 9CFR205.210]



[Page 72]

 

                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS

 

  CHAPTER II--GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION 

      (PACKERS AND STOCKYARDS PROGRAMS), DEPARTMENT OF AGRICULTURE

 

PART 205_CLEAR TITLE_PROTECTION FOR PURCHASERS OF FARM PRODUCTS--

Table of Contents

 

Sec. 205.210  Effect of EFS outside State in which filed.



    (a) A question arises whether, if an EFS is filed in one State, a 

notice of it can be filed in another State and shown on the master list 

for the second State. There is nothing in the Section to prevent this, 

but it would serve no purpose.

    (b) The Section provides only for filing an EFS, covering a given 

product, in the system for the State in which it is produced or located. 

Upon such filing in such system, subsections (e)(2) and (g)(2)(C) make 

buyers, commission merchants and selling agents not registered with that 

system subject to the security interest in that product whether or not 

they know about it, even if they are outside that State. Subsections 

(e)(3) and (g)(2)(D) make persons registered with that system subject if 

they receive written notice of it even if they are outside that State. 

All of these provisions apply only where an EFS is filed in the system 

for the State in which the product is produced or located. They do not 

apply to a filing in another system.

    (c) What constitutes ``receipt'' of notice is determined by the law 

of the State in which the intended recipient of notice resides. This is 

based on subsection (f) which follows provisions for notice to buyers, 

and (g)(3) which follows provisions for notice to commission merchants 

and selling agents. Each of those provisions uses the word ``buyer'' but 

it means ``intended recipient of notice.''



[51 FR 29451, Aug. 18, 1986, as amended at 71 FR 56343, Sept. 27, 2006]