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Current as of January 01, 2024 | Updated by Findlaw Staff
(a)In general
Except as provided in subsection (b), no producer shall be personally liable for any deficiency arising from the sale of the collateral securing any nonrecourse loan made under this chapter 1 title I of the Farm Security and Rural Investment Act of 2002, title I of the Food, Conservation, and Energy Act of 2008, and title I of the Agricultural Act of 2014 unless the loan was obtained through a fraudulent representation by the producer.
(b)Limitations
Subsection (a) shall not prevent the Commodity Credit Corporation or the Secretary from requiring a producer to assume liability for--
(1) a deficiency in the grade, quality, or quantity of a commodity stored on a farm or delivered by the producer;
(2) a failure to properly care for and preserve a commodity; or
(3) a failure or refusal to deliver a commodity in accordance with a program established under this chapter 1 title I of the Farm Security and Rural Investment Act of 2002, title I of the Food, Conservation, and Energy Act of 2008, and title I of the Agricultural Act of 2014.
(c)Acquisition of collateral
In the case of a nonrecourse loan made under this chapter 1 title I of the Farm Security and Rural Investment Act of 2002, title I of the Food, Conservation, and Energy Act of 2008, and title I of the Agricultural Act of 2014 or the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.), if the Commodity Credit Corporation acquires title to the unredeemed collateral, the Corporation shall be under no obligation to pay for any market value that the collateral may have in excess of the loan indebtedness.
(d)Sugarcane and sugar beets
A security interest obtained by the Commodity Credit Corporation as a result of the execution of a security agreement by the processor of sugarcane or sugar beets shall be superior to all statutory and common law liens on raw cane sugar and refined beet sugar in favor of the producers of sugarcane and sugar beets and all prior recorded and unrecorded liens on the crops of sugarcane and sugar beets from which the sugar was derived.
Cite this article: FindLaw.com - 7 U.S.C. § 7284 - U.S. Code - Unannotated Title 7. Agriculture § 7284. Personal liability of producers for deficiencies - last updated January 01, 2024 | https://codes.findlaw.com/us/title-7-agriculture/7-usc-sect-7284/
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