1 MAC Pt. 4, R. 5.3
without the debtor’s signature;
Cite as 1 Miss. Admin. Code Pt. 4, R. 5.3
without the debtor’s signature;
h. Further details of the Farm Product subject to the security interest if
needed to distinguish it from other such product owned by the same
person but not subject to the particular security interest.
2. Place of Filing EFS
a. The place of filing an EFS or notice of such financing statement is with
the Mississippi Secretary of State, Division of Business Services.
b. Presentation for filing of an effective financing statement (UCC-1F) and
tender of the filing fee and acceptance of the statement by the system
operator constitutes filing. The system operator shall mark each EFS with
a file number and with the date and hour of filing. In addition the system
operator shall index the statements in a manner which will comply with
the farm products master list requirements.
c. A UCC-3F or UCC-1F may be submitted for all Farm Products currently
on file. The UCC-3F amendment or UCC-1F should provide all
information (i.e. collateral codes, federal ID numbers, etc.) needed for
preparation of the master list of Farm Products.
3. Amendment or Continuation of EFS
a. The “material change” required by the Food Security Act to be reflected in
an amendment (UCC-3F) to an EFS and master list entry, is whatever
change that would render the master list entry no longer informative as to
what is subject to the security interest in question. This will vary from
case to case. The basis for this is the purpose for which the information is
supplied, that is, to make information available, to a buyer, commission
merchant, or selling agent who proposes to enter into a transaction in a
product, whether it is subject to a security interest. The requirement to
amend arises when the information already made available no longer
serves the purpose and other information is needed in order to do so.
b. The amendment must be submitted in writing (UCC-3F) within three
months of such material change signed by both the person who subjects
the farm product to the security interest and the secured party, and filed
with the Secretary of State.
c. A continuation of an EFS is subject to the same requirement as an
amendment. An effective financing statement remains effective for a
period of five (5) years from the date of filing, subject to extensions for
additional periods of five (5) years each by refilling or filing a
continuation statement within six (6) months before the expiration of the
initial five (5) year period.
d. An EFS lapses on either the expiration or the filing of a notice signed by
the secured party that the statement had lapsed, whichever occurs first.
e. An EFS may be terminated at any time during the effective period by the
secured party submitting a termination statement UCC-3F).
4. 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
should be filed in another State. Where the farm products covered by an
EFS are located in a state other than the state where the debtor is “located”
as defined under the UCC, filers may need to file in both states to ensure
that the creditor is adequately protected under both the UCC and Food
Security Act. It is may be advisable to seek legal advice in such
situations.
b. The Food Security Act provides only for filing an EFS, covering a given
product, in the system for the state in which it is produced. Upon such
filing in the system, buyers, commission merchants and selling agents not
registered with the system are subject to the security interest in that
product whether or not they know about it, even if they are outside that
state. Persons registered with the system are subject if they received
written notice of an EFS 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. They do not apply to a filing in another
system.
D.
Obligations Subject to Central Filing
1. The Food Security Act does not provide for the transaction in which one person
subjects a product to a security interest for another’s debt. However, the terms
“person indebted” and “debtor” in the Food Security Act refer to the person who
owns a product and subjects it to a security interest, whether or not that person
owes a debt to the secured party. The basis for this is the purpose for which the
information is supplied. Any buyer of a Farm Product, commission merchant, or
selling agent querying the master list or system operator about a prospective seller
of a Farm Product is interested in whether that seller has subjected that product to
a security interest, not in whether the debt is owed by that seller or by another.
2. A debt need not exist at the time of filing of an EFS.
E.
Registration
1. Buyer, commission merchants and selling agents may register with the Secretary
of State, for an annual period by submitting a registration form accompanied with
the registration fee for each farm product for which an interest is registered. The
registration form shall be provided by the Mississippi Secretary of State, Division
of Business Services and indicate
2.
a. The name and address of the buyer, commission merchant, or selling
agent. Any address changes of the buyer, commission merchant or selling
agent shall be reported immediately to the system operator.
b. Farm Product or Products in which registrant is interested.
c. If registrant is interested only in such product or products in a certain
county or certain counties, in the State of Mississippi.
3.
A registrant, if not registered for any specified county or counties, shall be
deemed to have registered for all counties shown on the master list.
4.
The list will only be provided online and will be accessed by subscribers using a
password as determined by the Secretary of State.
5.
The list will be electronically updated daily.
6.
The Food Security Act does not require a person to register. Not registering with
the system operator has the effect, of making such persons, whether they are
inside or outside other state covered by that system, subject to security interests
shown on that system’s master list whether or not such persons know about
them, so that such persons for their own protection will need to query the system
operator about any seller engaged in farming operations, of a farm product
produced in the state covered by that system, with whom they deal.
F.
Master List
1. The Secretary of State shall compile all EFS into a master list:
a. Organized according to farm products;
b. Arranged within each such product;
1.
In alphabetical order;
2.
According to the last name of the individual debtors, or in the case
of debtors doing business other than as individuals, the first word in the
name of such debtors not an article;
3.
In numerical order according to the social security number of the
individual debtors or, in the case of debtors doing business other than
an individuals, the Internal Revenue Service taxpayer identification
number of such debtors;
4.
Geographically by county of debtor location and county where
crop is produced;
5.
And by crop year.
c. The list will contain:
1.
The name and address of the secured party
2.
The name and address of the person subjecting the product to a
security interest
3.
The social security number of the debtor or, in the case of a debtor
doing business other than as an individual, the Internal Revenue Service
taxpayer identification number of such debtor.
d. A description of the Farm Products subject to the security interest created
by the debtor, including the amount of such products where applicable, and a
reasonable description of the property, including county or parish in which the
property is produced.
2. Portions of the Master List
a. The portion of the master list available to registrants will be organized in
such a manner that information regarding the debtor and collateral in question
can be readily obtained.
b. The portions of the master list will contain a heading for each Farm
Product and contain for each such product a sub-heading for each debtor with
effective financing statements on file with the system.
c. Each Farm Product list will contain the name, address, and social security
number, or, if other than a natural person, IRS taxpayer identification number,
of each debtor (or other person subjecting such a product to a security
interest).
d. For each such person, the list will contain further details of the Farm
Product subject to the security interest if supplied on the EFS.
e. One of the sections will have these names in alphabetical order by the
word appearing first in the name. The other section will have them in
numerical order by social security number, or, if other than a natural person,
IRS taxpayer identification number.
f. For each such person each section will show the secured party name and
address.
g. The list portions will only be available to online subscribers.
G.
Farm Product List And Codes
1.
The Farm Products, according to which the master list must be organized as
required by the Food Security Act and which must be identified on an EFS are
found in the “Mississippi Farm Product Collateral Codes” found in “Appendix
“A” and available within the online filing system.
2.
The Farm Products, according to which the master list must be organized and
which must be identified on an EFS, must be specific commodities, species of
livestock, and specific products of crops or livestock. Miscellaneous categories
are not permissible.
H.
Crop Year
1.
The crop year, according to which the master list must be arranged “within each
Farm Product is:
a.
For a crop grown in soil, the calendar year in which it is harvested or to be
harvested;
b.
For animals, the calendar year in which they are born or acquired;
c.
For fish, poultry, or eggs, the calendar year in which they are sold or to be
sold.
2.
An EFS or notice thereof which does not show crop year must be regarded as
applicable to the crop or product in question for every year for which the EFS is
effective.
I. Amount and Reasonable Description
1.
The amount of Farm Products and reasonable description of the property,
including county, on an EFS and on the master list, need not be shown on every
EFS and master copy.
2.
Any EFS and master list entry will identify a product. If no amount is indicated,
this means that all of such product. If no amount is indicated, this means that all
such product owned by the person, in question is subject to the security of
interest in question.
3.
Any EFS and master list entry will identify each county in Mississippi where the
product is produced. If no further identification of the location of the product in
each such county owned by that person is subject to the security interest.
4.
The need to supply additional information arises only where some of that product
owned by that person is subject to the security interest and some is not.
5.
The additional information about amount and property must be sufficient to
enable a reader of the information to identify what product owned by that person
is subject, as distinguished from what of the same product owned by the same
person is not subject. The precision needed, in the description of the amount and
location, will vary from case to case.
J.
Distribution of Portions of Master List
1.
Electronic Access License – Master Farm Product List
a. The Mississippi Secretary of State, Division of Business Services will
make available electronic access via the Internet in the form of an exclusive
use license to interested parties who register for this service.
K.
Fees
1. The Secretary of State is authorized to set reasonable fees to defray the costs of
the Central Filing System pursuant to Mississippi Code § 75-9-320 (g). The fees
listed are subject to a six month experience period and may be increased or
decreased upon proper notice and compliance with the Administrative Procedure
Act. Fees are as indicated in Rule 6.2 supra. Additional fees specific to the
Central Filing System are listed below in the “Mississippi Central Filing System
Table of Fees.
2. Failure to pay fees as agreed shall result in suspension from receipt of further
service until all delinquent amounts are paid in full. During a period of
suspension a registrant shall be deemed to be unregistered for that period.
CROP NAME
CROP NAME WITH CODE
ALFALFA
198 - ALFALFA
APPLES
101 - APPLES
APRICOTS
102 - APRICOTS
ARTICHOKES
103 - ARTICHOKES
ASPARAGUS
104 - ASPARAGUS
AVOCADOS
105 - AVOCADOS
BANANAS
106 - BANANAS
BARLEY
107 - BARLEY
BEANS, BUTTER
108 - BEANS, BUTTER
BEANS, DRY
109 - BEANS, DRY
BEANS, LIMA
110 - BEANS, LIMA
BEANS, SNAP
111 - BEANS, SNAP
BEANS, WAXED
112 - BEANS, WAXED
BEETS
113 - BEETS
BERRIES, BLACK
114 - BERRIES, BLACK
BERRIES, BLUE
115 - BERRIES, BLUE
BERRIES, STRAW
116 - BERRIES, STRAW
BROCCOLI
117 - BROCCOLI
BRUSSEL SPROUTS
118 - BRUSSEL SPROUTS
CABBAGE
119 - CABBAGE
CARROTS
120 - CARROTS
CATFISH / FISH
202 - CATFISH / FISH
CATTLE & CALVES
201 - CATTLE & CALVES
CAULIFLOWER
121 - CAULIFLOWER
CELERY
122 - CELERY
CHEESE
301 - CHEESE
CHERRIES
123 - CHERRIES
CHICKENS
203 - CHICKENS
COFFEE
124 - COFFEE
COLLARDS
125 - COLLARDS
CORN
126 - CORN
CORN, SILAGE
197 - CORN, SILAGE
CORN, SWEET
127 - CORN, SWEET
COTTON
128 - COTTON
COTTONSEED
311 - COTTONSEED
CUCUMBERS
129 - CUCUMBERS
DATES
130 - DATES
DUCKS
204 - DUCKS
EARTHWORMS
215 - EARTHWORMS
EGGPLANT
131 - EGGPLANT
EGGS
302 - EGGS
EGGS, HATCHING
205 - EGGS, HATCHING
EMU
221 - EMU
ESCAROLE
132 - ESCAROLE
FIGS
133 - FIGS
FLAXSEED
134 - FLAXSEED
FLOWERS
303 - FLOWERS
GARLIC
135 - GARLIC
GEESE
206 - GEESE
GOATS
207 - GOATS
GRAPEFRUIT
137 - GRAPEFRUIT
GRAPES & RAISINS
136 - GRAPES & RAISINS
GRASS
304 - GRASS
GUINEAS
208 - GUINEAS
HARES & RABBITS
218 - HARES & RABBITS
HAY
138 - HAY
HOGS & PIGS
209 - HOGS & PIGS
HONEY
305 - HONEY
HONEYBEES
217 - HONEYBEES
HOPS
139 - HOPS
HORSES
210 - HORSES
IRISH POTATOES
140 - IRISH POTATOES
KENAF FIBER
313 - KENAF FIBER
KIWI
141 - KIWI
LAMBS & SHEEP
211 - LAMBS & SHEEP
LEGUMES
142 - LEGUMES
LEMONS
143 - LEMONS
LETTUCE
144 - LETTUCE
LIMES
145 - LIMES
MAPLE SYRUP
146 - MAPLE SYRUP
MELONS, CANTALOPE
147 - MELONS, CANTALOPE
MELONS, HONEY DEW
148 - MELONS, HONEY DEW
MELONS, WATER
149 - MELONS, WATER
MILK
306 - MILK
MILO
150 - MILO
MINT
151 - MINT
MOHAIR
307 - MOHAIR
MULES
212 - MULES
MUSCADINES
194 - MUSCADINES
MUSHROOMS
152 - MUSHROOMS
MUSTARD GREENS
153 - MUSTARD GREENS
NECTARINES
154 - NECTARINES
NUTMEG
155 - NUTMEG
OATS
156 - OATS
OKRA
199 - OKRA
OLIVES
157 - OLIVES
ONIONS
158 - ONIONS
ORANGES
159 - ORANGES
OSTRICHES
222 - OSTRICHES
OTHER
999 - OTHER
PAPAYAS
160 - PAPAYAS
PEACHES
161 - PEACHES
PEANUTS
162 - PEANUTS
PEARS
163 - PEARS
PEAS, DRY
164 - PEAS, DRY
PEAS, FIELD
165 - PEAS, FIELD
PEAS, GREEN
166 - PEAS, GREEN
PECANS
167 - PECANS
PELTS & PRODUCTS
312 - PELTS & PRODUCTS
PEPPERS
168 - PEPPERS
PERSIMMONS
169 - PERSIMMONS
PINEAPPLE
170 - PINEAPPLE
PLUMS & PRUNES
171 - PLUMS & PRUNES
POMEGRANATES
172 - POMEGRANATES
POPCORN
173 - POPCORN
PUMPKINS
195 - PUMPKINS
PURPLE HULL PEAS
099 - PURPLE HULL PEAS
QUAIL
213 - QUAIL
RAPESEED
174 - RAPESEED
RHEA
223 - RHEA
RICE
175 - RICE
RYE
176 - RYE
SESAME SEEDS
097 - SESAME SEEDS
SHELLFISH
216 - SHELLFISH
SHRUBBERY
308 - SHRUBBERY
SORGHUM GRAIN
177 - SORGHUM GRAIN
SOYBEANS
178 - SOYBEANS
SPINACH
179 - SPINACH
SQUASH
196 - SQUASH
SUGAR BEETS
180 - SUGAR BEETS
SUGARCANE
181 - SUGARCANE
SUNFLOWER SEEDS
182 - SUNFLOWER SEEDS
SWEET POTATOES
183 - SWEET POTATOES
TANGELOS
184 - TANGELOS
TANGERINES
185 - TANGERINES
TARA
186 - TARA
TEA
187 - TEA
TOBACCO
188 - TOBACCO
TOMATOES
189 - TOMATOES
TREES
190 - TREES
TURKEYS
214 - TURKEYS
TURNIP GREENS
098 - TURNIP GREENS
TURNIPS
191 - TURNIPS
TURTLES
220 - TURTLES
WALNUTS
192 - WALNUTS
WHEAT
193 - WHEAT
WOOL
309 - WOOL
MISSISSIPPI CENTRAL FILING SYSTEM TABLE OF ADDITIONAL FEES
Farm Product Electronic Data
Access License
$250.00 per year
*Other services not listed above, which constitute the same or similar service as those
in a non-farm product UCC Article 9 filing, will have fees as set forth in Rule 6.2 for
those services.