VASCM: exercising a producer's lien

[Mary Lindsay]

Nick, Hi:

I am sorry to hear this. Have you approached the Market Enforcement 
Branch of the CDFA?  The MEB enforces laws such as the Processors Law 
created to protect against unfair practices between producers, handlers 
and processors of ag products. One of its functions is to process 
complaints and help growers get paid for their fruit when wineries fail 
to abide by contracts and payment agreements.  You'll find a complaint 
form and explanation of the complaint process on the MEB's website here 
<cdfa.ca.gov/mkt/meb/>.You can find the Produce Dealers Act and the 
Processors Law at this link on the CDFA website here 
<https://www.cdfa.ca.gov/mkt/meb/laws.html>.

MEB “actions may range from Notices of Violation, Probation, Suspension, 
or Revocation of a license, to the Denial of an application for a 
license. [It] can also refer flagrant violators to local law enforcement 
agencies for civil and/or criminal prosecutions." California law 
provides that no winery can legally buy or contract for grapes unless it 
has a valid processor’s license, so revocation or suspension would mean 
the winery can no longer legally purchase fruit. Growers are advised to 
make sure wineries are licensed before selling to them.

A complaint may be filed against licensed dealers, brokers, commission 
merchants, processors, cash buyers or those who are subject to licensing 
under the Produce Dealers Act and/or the Processors Law.

Note that all complaints must be in writing and must be submitted within 
nine (9) months from the date a complete account of sales (payment) was 
due. You must provide two (2) copies of all documents in your possession 
that are relevant to establishing the complaint.

I hope this helps.

Thanks much,
- Mary


Mary Lindsay
Muns Vineyard
408-234-2079
munsvineyard.com





On 7/16/2019 8:39 AM, Nick de Sieyes wrote:
> Folks, We've had the unfortunate experience of being unable to collect 
> payment from a local winery to whom we sold fruit last fall, and are 
> begrudgingly preparing for the process of foreclosing on the 
> producer's lien 
> <http://www.lrplaw.net/producers-liens-enforcement-issues/> we have on 
> that winery's products made from our fruit. Unfortunately this subject 
> is outside of our own regular attorney's areas of expertise, so we're 
> seeking outside counsel for the process. If any of you have direct or 
> indirect experience with producer's liens and can refer me to the 
> attorney who handled your case, that advice would be much appreciated.
>
> Many thanks,
> Nick
>
> -- 
>
> Nicholas R. de Sieyes, PhD
> Manager, de Sieyes Brothers LLC
> 831.688.1190 (office)
> 831.331.0751 (cell)
> nrdesieyes at gmail.com <mailto:nrdesieyes at ucdavis.edu>
>
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