§ 4-9.5-103 — Definitions

Colorado § 4-9.5-103

• Jurisdiction: Colorado
• Title 04: Uniform
• Art.: Central Filing of Effective

Text

As used in this article, unless the context otherwise
requires:

(1) (Deleted by amendment, L. 2003, p. 1669, � 2, effective July 1, 2003.)

(2) Buyer of farm products or buyer in the ordinary course of business
means a person who, in the ordinary course of business, buys farm products from a
person engaged in farming operations who is in the business of selling farm
products.

(2.5) Central filing officer means the secretary of state.

(3) Central filing system means a system for filing effective financing
statements on a statewide basis and which has been certified by the secretary of
the United States department of agriculture pursuant to section 1324 of the Food
Security Act of 1985. It is the intent of the general assembly that, effective
January 1, 2000, the filing system established by section 4-9-501 shall constitute
the central filing system.

(4) Commission merchant means any person engaged in the business of
receiving any farm product for sale, on commission, or for or on behalf of another
person.

(5) Crop year means:

(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, acquired, or owned;

(c) For poultry or eggs, the calendar year in which they are sold or to be sold.

(6) Debtor means a person who owns a product and subjects it to a security
interest, whether or not that person owes a debt to the secured party.

(7) Effective financing statement means a record that:

(a) Is an original or reproduced copy thereof, a fax copy, or, if permitted by
federal law, regulation, rule, or interpretation, an electronically transmitted filing;

(b) Is filed with the central filing officer by the secured party; and

(c) Is signed, authorized, or otherwise authenticated by the debtor, unless
the record is filed by electronic transmission, in which case it shall be signed,
authorized, or otherwise authenticated electronically pursuant to section 24-71-101,
C.R.S.

(d) to (l) (Deleted by amendment, L. 2006, p. 1142, � 1.)

(8) Farm product means an agricultural commodity, a species of livestock
used or produced in farming operations, or a product of such crop or livestock in its
unmanufactured state, that is in the possession of a person engaged in farming
operations. Farm product includes, but is not limited to, apples, artichokes,
asparagus, barley, cantaloupe, carrots, cattle and calves, chickens, corn, cotton,
cucumbers, dry beans, eggs, fish, flax seed, fur-bearing animals, grapes, hay, hogs,
honey, honeydew melon, horses, legumes, milk, muskmelon, oats, onions, pecans,
popcorn, potatoes, pumpkins, raspberries, rye, seed crops, sheep and lambs, silage,
sorghum grain, soybeans, squash, strawberries, sugar beets, sunflower seeds,
sweet corn, tomatoes, trees, triticale, turkeys, vetch, walnuts, watermelon, wheat,
and wool. The central filing officer may add other farm products in addition to those
specified in this subsection (8) if such products are covered by the general
definition contained in this subsection (8).

(9) Food Security Act of 1985 means Pub.L. 99-198, as amended: Section
1324 thereof has been codified at section 1631 of Title 7 of the United States Code.

(10) Person means any individual or any partnership, corporation, trust, or
any other business entity.

(11) Receipt and other forms of the word receive means the earlier of
actual receipt or the tenth day after deposit in the United States mails, first-class
mail, postage prepaid.

(11.5) Record, except as used in for record, of record, record or legal
title, and record owner, means information that is inscribed on a tangible medium
or which is stored in an electronic or other medium and is retrievable in perceivable
form.

(12) Registrant or registered buyer means any buyer of farm products,
commission merchant, or selling agent, who has registered with the central filing
officer pursuant to section 4-9.5-104.5 (3).

(13) Secured party means a person in whose favor there is a security
interest.

(14) Security interest means an interest in farm products that secures
payment or performance of an obligation.

(15) Selling agent means any person, other than a commission merchant,
who is engaged in the business of negotiating the sale and purchase of any farm
product on behalf of a person engaged in farming operations.

(16) Unique identifier means a number, combination of numbers or letters,
or other identifier selected by the central filing officer using a system or method
approved by the United States secretary of agriculture in accordance with the
federal Food Security Act of 1985.

Legislative History

Source: L. 88: Entire article added, p. 325, � 1, effective May 29. L. 91: (7)(i) amended, p. 323, � 1, effective May 24. L. 94: (7)(a) and (7)(f) amended, p. 1552, � 3, effective July 1. L. 95: (1), (7)(f), and (7)(j) amended, p. 1139, � 12, effective July 1, 1996. L. 96: (1), (7)(b), and (7)(c) amended, p. 1385, �� 5, 6, effective July 1. L. 97: (7)(d)(IV) and (7)(e) amended, p. 550, � 8, effective April 24. L. 99: (1), (3), (7)(b), (7)(f), (7)(j), and (7)(k) amended and (2.5) added, p. 747, � 14, effective July 1. L. 2001: (2.5), (3), (7)(e), and (7)(j) amended, p. 1430, � 8, effective July 1. L. 2003: (1), (3), (7)(d)(IV), (7)(d)(VI), (8), and (12) amended, p. 1669, � 2, effective July 1. L. 2004: (7) amended, p. 1170, � 1, effective July 1. L. 2006: (7), (8), and (12) amended and (11.5) and (16) added, p. 1142, � 1, effective May 29, 2012.