H 3212 General Bill, By C.D. Chamblee and Townsend
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 46-1-160 so as to provide for the circumstances under which a seller of
 agricultural products may have a preference on the price of his property over
 other creditors of the purchaser and under which a lien attaches, provide for
 the application of the Uniform Commercial Code, and define "agricultural
 products".

   01/20/93  House  Introduced and read first time HJ-13
   01/20/93  House  Referred to Committee on Judiciary HJ-14

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-160 SO AS TO PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A SELLER OF AGRICULTURAL PRODUCTS MAY HAVE A PREFERENCE ON THE PRICE OF HIS PROPERTY OVER OTHER CREDITORS OF THE PURCHASER AND UNDER WHICH A LIEN ATTACHES, PROVIDE FOR APPLICATION OF THE UNIFORM COMMERCIAL CODE, AND DEFINE "AGRICULTURAL PRODUCTS".

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 46-1-160. (A) For purposes of this section `agricultural products' means the natural products of the farm, orchard, vineyard, garden, and apiary, raw and manufactured, and livestock and poultry products but does not include timber products.

(B) A person who sells agricultural products which have not been paid for has a preference on the price of this property over the other creditors of the purchaser, whether the sale was made on credit or without, if this property remains in the possession of the purchaser.

(C) A person who sells agricultural products is entitled to a special lien and privilege on the products to secure the payment of the purchase price for sixty days after the date of delivery. Within this time the seller may seize this property in whatsoever hands or place they may be found, and his claim for the purchase price has preference over all others. If the seller gives a written order for delivery of the products without the seller's privilege provided in this section, no lien attaches.

(D) This section supersedes the Uniform Commercial Code. However, if a person selling agricultural products perfects a security interest as permitted by the Uniform Commercial Code, his remedies and obligations, if he is not paid for these products, and those of the purchaser and subsequent purchasers for value lie under the Uniform Commercial Code and not under the rights and privileges afforded by this section."

SECTION 2. This act takes effect upon approval by the Governor.