[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2008]
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]