MARVIN MANDEL, Governor

371

11-808. CONSIGNMENT OR DISPOSAL OF AGRICULTURAL
PRODUCTS.

(A)      CONSIGNEE'S RIGHT AND TITLE.

A CONSIGNMENT OF AGRICULTURAL PRODUCTS BY THE
GROWER, PRODUCER, OR OWNER TO A CONSIGNEE FOR SALE FOR
THE USE AND BENEFIT OF THE CONSIGNOR DOES NOT VEST IN THE
CONSIGNEE ANY OTHER TITLE OR RIGHT TO THE PRODUCTS EXCEPT
TO SELL AND DELIVER THEM TO A BONA FIDE PURCHASER FOR A
VALUABLE CONSIDERATION.

(B)    DISPOSAL OF AGRICULTURAL PRODUCTS WITHOUT
CONSENT.

IF, WITHOUT THE EXPRESS CONSENT OF THE GROWER,
PRODUCER, OR OWNER, A CONSIGNEE MORTGAGES, PLEDGES,
DEPOSITS, OR OTHERWISE DISPOSES OF AGRICULTURAL PRODUCTS
CONSIGNED ONLY FOR SALE FOR THE USE AND BENEFIT OF THE
GROWER, PRODUCES, OR OWNER, THE DISPOSITION IS VOID AND
TITLE TO THE PRODUCTS DOES NOT PASS BUT REMAINS IN THE
GROWER, PRODUCER, OR OWNER AS IF NO DISPOSITION WERE
MADE.

(C) LIEN ON AGRICULTURAL PRODUCTS NOT AFFECTED.

NOTHING IN THIS SECTION IMPAIRS ANY RIGHT OF ANY
LIEN WHICH A CONSIGNEE ACQUIRES OR IS ENTITLED TO FOR
BONA FIDE ADVANCES MADE IN MONEY OR GOODS TO THE GROWER,
PRODUCER, OR OWNER ON THE FAITH AND THE SECURITY OF THE
CONSIGNMENT.

REVISOR'S NOTE: This section is new language which
combines without substantive change the
provisions of Art. 2, §§ 12, 13, and 15.

11-809. CONVERSION BY CONSIGNEE.

(A) PENALTY FOR CONVERSION.

ANY CONSIGNEE, HIS AGENT, OR EMPLOYEE WHO CONVERTS
TO HIS OWN USE GOODS OR AGRICULTURAL PRODUCTS ENTRUSTED
TO THE CONSIGNEE FOR SALE OR THE PROCEEDS FROM THE SALE
OF THEM IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS
SUBJECT TO A FINE NOT EXCEEDING $1,000 OR IMPRISONMENT
NOT EXCEEDING SIX MONTHS OR BOTH.

(B) PRESUMPTION.

THE FAILURE OF A CONSIGNEE WHO SELLS GOODS OR
AGRICULTURAL PRODUCTS ON COMMISSION TO PAY THE PROCEEDS
FROM THE SALE, LESS HIS CHARGES, TO THE PERSON ENTITLED
TO RECEIVE THE PROCEEDS WITHIN FIVE DAYS AFTER RECEIVING
THE PROCEEDS FROM THE PURCHASER AND AFTER DEMAND FOR