RCW 22.09.371
Depositor's lien.
(1) When a depositor stores a commodity with a warehouse operator or sells a commodity to a grain dealer, the depositor has a first priority statutory lien on the commodity or the proceeds therefrom or on commodities owned by the warehouse operator or grain dealer if the depositor has written evidence of ownership disclosing a storage obligation or written evidence of sale. The lien arises at the time the title is transferred from the depositor to the warehouse operator or grain dealer, or if the commodity is under a storage obligation, the lien arises at the commencement of the storage obligation. The lien terminates when the liability of the warehouse operator or grain dealer to the depositor terminates or if the depositor sells his or her commodity to the warehouse operator or grain dealer, then thirty days after the date title passes. If, however, the depositor is tendered payment by check or draft, then the lien shall not terminate until forty days after the date title passes.
(2) The lien created under this section shall be preferred to any lien or security interest in favor of any creditor of the warehouse operator or grain dealer, regardless of whether the creditor's lien or security interest attached to the commodity or proceeds before or after the date on which the depositor's lien attached under subsection (1) of this section.
(3) A depositor who claims a lien under subsection (1) of this section need not file any notice of the lien in order to perfect the lien.
(4) The lien created by subsection (1) of this section is discharged, except as to the proceeds therefrom and except as to commodities owned by the warehouse operator or grain dealer, upon sale of the commodity by the warehouse operator or grain dealer to a buyer in the ordinary course of business.
[ 2011 c 336 § 626; 1987 c 393 § 21; 1983 c 305 § 50.]
NOTES:
Severability—1983 c 305: See note following RCW 20.01.010.
Structure Revised Code of Washington
Title 22 - Warehousing and Deposits
Chapter 22.09 - Agricultural Commodities.
22.09.020 - Department authority—Rules.
22.09.030 - Warehouse license or licenses required.
22.09.035 - Grain dealer license required, exception.
22.09.040 - Application for warehouse license.
22.09.045 - Application for grain dealer license.
22.09.050 - Warehouse license fees—Penalty.
22.09.055 - Grain dealer—Exempt grain dealers—License fees—Penalty.
22.09.060 - Bond or certificate of deposit and insurance prerequisite to license—Exemption.
22.09.070 - Warehouse licenses—Issuance—Posting—Duration.
22.09.075 - Grain dealer licenses—Issuance—Posting—Duration.
22.09.080 - Licenses—Denial—Suspension—Revocation.
22.09.095 - Single bond by multiple applicants.
22.09.100 - Bonds—Duration—Release of surety—Cancellation by surety.
22.09.110 - Casualty insurance required—Certificate to be filed.
22.09.120 - Insurance—Cancellation procedure—Suspension of license.
22.09.150 - Rights and duties of warehouse operator—Delivery of stored commodities—Damages.
22.09.160 - Rights and duties of licensees—Disposition of hazardous commodities.
22.09.175 - Presumptions regarding commodities—Approval of contracts.
22.09.180 - Rights and duties of licensees—Records, contents—Itemized charges.
22.09.190 - Rights and duties of warehouse operator—Rebates, preferences, etc., prohibited.
22.09.200 - Rights and duties of licensees—Reports to department.
22.09.220 - Rights and duties of licensees—Premises, construction and maintenance.
22.09.230 - Rights and duties of warehouse licensees—Signs—Use of "Washington Bonded Warehouse."
22.09.240 - Rights and duties of warehouse operator—Schedule of rates—Posting—Revision.
22.09.250 - Rights and duties of warehouse operator—Unlawful practices.
22.09.260 - Deposit of commodities unfit for human consumption—Notice.
22.09.290 - Warehouse receipts—Required terms.
22.09.310 - Warehouse receipts—Dealing in unauthorized receipts prohibited—Penalty.
22.09.320 - Warehouse receipts—Lost or destroyed receipts.
22.09.330 - Scale weight tickets not precluded.
22.09.350 - Remedies of department on discovery of shortage.
22.09.381 - Depositors' claims, processing by department.
22.09.391 - Depositor's lien—Liquidation procedure.
22.09.405 - Grain indemnity fund program—Activation—In lieu of other security.
22.09.411 - Grain indemnity fund program—Fund established—Contents, deposits, disbursements, use.
22.09.416 - Grain indemnity fund program—Assessments.
22.09.426 - Grain indemnity fund program—Annual assessments—Limitations.
22.09.431 - Grain indemnity fund program—Additional security.
22.09.436 - Grain indemnity fund program—Advisory committee.
22.09.441 - Grain indemnity fund program—Processing of claims.
22.09.446 - Grain indemnity fund program—Failure to file claim in time.
22.09.451 - Grain indemnity fund program—Payment limitations.
22.09.456 - Grain indemnity fund program—Additional payment limitations.
22.09.461 - Grain indemnity fund program—Payment of claims—Restrictions, priority.
22.09.471 - Grain indemnity fund program—Proceedings against licensee.
22.09.520 - Deposits as bailments.
22.09.570 - Action on bond by director—Authorized—Grounds.
22.09.600 - Action on bond by director—Powers of director.
22.09.615 - Action by depositor upon licensee's bond.
22.09.620 - Payment for agricultural commodities purchased—Time requirements.
22.09.630 - Payment violations—Recovery by department—Charges to depositors.
22.09.640 - Publication and distribution of list of licensed warehouses.
22.09.650 - Remedies of department as to stations.
22.09.660 - Emergency storage situation—Forwarding to other warehouses.
22.09.710 - Designation of inspection points and terminal warehouses.
22.09.720 - Grades and standards of commodities—Regulations.
22.09.730 - Inspection or grading of commodities—Methods.
22.09.740 - Inspection or grading of commodities—File samples, retention.
22.09.770 - Inspection or grading of commodities—Unlawful practices—Penalty.
22.09.780 - Inspection or grading of commodities.
22.09.790 - Inspection or grading of commodities—Fees and charges.
22.09.800 - Inspection or grading of commodities—Scales and weighing.
22.09.820 - Inspection or grading of commodities—Unloading commodity without inspection or weighing.
22.09.830 - Grain inspection revolving fund—Hop inspection fund—Grain warehouse audit account.
22.09.840 - Fumigated conveyances to be labeled.
22.09.850 - Railroads to provide side tracks and track scales—Weighing of cars.
22.09.860 - Police protection of terminal yards and tracks.
22.09.880 - Cooperation with governmental agencies and private associations.
22.09.900 - Continuation of rules adopted pursuant to repealed chapter.
22.09.910 - Savings—1963 c 124.