Section 250-A. Trust upon farm products and sales proceeds for the benefit of producers  


Latest version.
  • 1. Farm products received by a dealer in all  transactions  and all inventories of food or other products derived from farm products
      and  any  receivables  or  proceeds from the sale of such farm products,
      food or other products shall be held by such dealer  in  trust  for  the
      benefit of all unpaid producers of such farm products until full payment
      of  the  amounts  owing  in  connection  with such transactions has been
      received by such producers.
        2. To preserve the trust benefit provided by this section, a  producer
      must  within  sixty days from the date by which the dealer was obligated
      by statute, regulation or written  agreement  to  make  payment  to  the
      producer,  give  written  notice  to  the  dealer  that  the producer is
      electing  the  trust  benefit.  The  written  notice  shall  set   forth
      information  in sufficient detail to identify the transaction subject to
      the trust. Notwithstanding any  other  provision  of  this  subdivision,
      nothing  shall  prevent  a  producer  from providing notice of the trust
      benefit election to a dealer prior to the date by which the  dealer  was
      obligated to make payment.
        3. Trust beneficiaries shall have a cause of action to enforce payment
      from  the trust. The supreme court is hereby vested with jurisdiction to
      entertain such actions. A producer who prevails in an action to  enforce
      payment from the trust shall recover from the dealer related costs, fees
      and disbursements and may recover reasonable attorney fees as determined
      by the court.