Indiana § 15-18-4-1 - Claim against milk processor; priority on insolvency

§ 15-18-4-1. Claim against milk processor; priority on insolvency

Sec. 1. (a) The whole claim or a judgment for the whole claim of a person is entitled to the same preferences in an insolvency proceeding under IC 22-2-10-1 if the claim or judgment is against:

(1) the owner or operator of a dairy plant or receiving station or any other premises where a dairy product is manufactured, processed, or handled or of any premises used to receive and ship milk or cream, except to the ultimate consumer; or

(2) any:

(A) dealer in a dairy product; or

(B) other person (except a hauler from the producer to a plant or receiving station) who purchases, assembles, or receives a dairy product for manufacturing, processing, or sale;

and the basis of the claim or judgment is milk, cream, any other dairy product or byproduct, or any commodity, the principal constituents or ingredients of which include (separately or in combination) milk, cream, or any other dairy product that is sold or delivered to the owner, operator, dealer, or other person.

(b) This section does not affect or impair any other lien or security for the claim or judgment described in subsection (a).

[Pre-2008 Recodification Citation: 15-6-3-1.]

As added by P.L.2-2008, SEC.9.

IC 15-18-5Chapter 5. Indiana Dairy Industry Development

15-18-5-1"Board" 15-18-5-2"Commercial use" 15-18-5-3"Director" 15-18-5-4"Milk" 15-18-5-5"Person" 15-18-5-6"Producer" 15-18-5-7"Producer-processor" 15-18-5-8"Qualified program" 15-18-5-9Indiana dairy industry development board created as a body corporate and politic 15-18-5-10Determination of percentages of milk marketings produced 15-18-5-11Nominations to board 15-18-5-12Appointments to board 15-18-5-13Terms of board members 15-18-5-14Traveling expenses 15-18-5-15Vacancies on board 15-18-5-16Duties of the board 15-18-5-17Meetings of board 15-18-5-18Quorum 15-18-5-19Review of expenditures 15-18-5-20Minutes of meetings and other records 15-18-5-21Office space; administrative expenses 15-18-5-22Liabilities of board; personal liability of members and employees 15-18-5-23Annual report filed with director 15-18-5-24Imposition of assessment on milk 15-18-5-25Remittance of assessment to board 15-18-5-26Assessments; deposit requirement 15-18-5-27Procedures for directing assessment to other entities 15-18-5-28Assessment fund; uses 15-18-5-29Penalties on unpaid assessments 15-18-5-30Court action to collect assessments and fees 15-18-5-31Cumulative nature of remedies 15-18-5-32Violations