[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: 9CFR205.214]



[Page 73]

 

                  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. 205.214  Litigation as to whether a system is operating in compliance with the Section.



    (a) The requirements for a system in subsection (c) are written as 

the definition of the term ``central filing system,'' so that failure of 

a system to meet any such requirement, either at the time of its 

establishment or later, will mean that it is not a ``central filing 

system'' as defined.

    (b) The issue whether a system, after certification, is operating in 

compliance, thus whether it is a ``central filing system'' as defined, 

could be litigated and ruled on in a case involving only private 

parties, such as a lender and a buyer of a farm product. The only 

immediate effect of a finding in such a case, that a system is not a 

``central filing system'' as defined, would be that the rights of the 

secured party in the case would be as if the State had no system. 

However, others would be in doubt as to whether they could safely rely 

on the same system.