9 C.F.R. § 205.211

Applicability of court decisions under the UCC

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(a) Court decisions under the Uniform Commercial Code (UCC), about the scope of the “farm products” exception in Section 9-307(1) thereof, and interpreting the terms therein, particularly “person engaged in farming operations” which is not defined in the Section, are applicable to an extent in interpreting the Section. The basis of this is the legislative intent of the Section to pre-empt State laws reflecting that “farm products” exception, as shown in the House Committee Report on Pub. L. 99-198, No. 99-271, Part 1, September 13, 1985, at pages 108 et seq.

(b) That UCC Section 9-307(1) reads as follows:

(1) A buyer in ordinary course of business (subsection (9) of Section 1-201) other than a person buying farm products from a person engaged in farming operations takes free of a security interest created by his seller even though the security interest is perfected and even though the buyer knows of its existence. (emphasis added)

Notes of Decisions

Cited in 1 case, 2008–2008 · leading case: Fin-Ag, Inc. v. Cimpl's, Inc., 2008 SD 47 (S.D. 2008).

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Fin-Ag, Inc. v. Cimpl's, Inc., 2008 SD 47 (S.D. 2008). · cites it 2× “9 CFR § 205.211 (2006). [¶ 38.] In one case that Hufnagle considered but rejected, the Eighth Circuit Court of Appeals concluded that a farmer, who sold farm products to an elevator that he also owned, was the seller who created the security interest even though the elevator was…”

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