IDAPA 34.05.01
Any person who is required to file Farm Products Financing Statements and any person requesting a distribution of a master list of Farm Products Financing Statements.
Provides the requirements for filing a Farm Products Electronic Financing statement (EFS) as well as the manner of distribution of the Farm Products Electronic Financing Statement master list to those who subscribe to the Master List. This was formerly referred to as the PML, or Product Master List, and allows for timely access to both creditor and debtor information on commodities sold in the farm product industry.
This rule implements the following statutes passed by the Idaho Legislature:
Commercial Transactions -
Secured Transactions - Filing:
700 West Jefferson Street, Room E205
Boise, ID 83720-0080
Phone: (208) 334-2852
Fax: (208) 334-2282
Email: ucc@sos.idaho.gov
http://sos.idaho.gov
This rule chapter will be reviewed in compliance with Section 67-5292, Idaho Code, and in accordance with the 8-year rule review schedule linked here.
34.05.01 – Rules Governing Farm Products Central Filing System
000. Legal Authority. ... 2
001. Scope. ... 2
002. -- 009. (Reserved) ... 2
010. Definitions. ... 2
011. Abbreviations. ... 2
012. -- 019. (Reserved) ... 2
020. Unique Identifier Number (UIN). ... 2
021. -- 099. (Reserved) ... 3
100. Farm Products Financing Statement Requirements. ... 3
101. Amendment, Assignment, Continuation, And Termination Of A Farm Products Financing Statement. ... 3
102. Farm Products Financing Statements Under The Uniform Commercial Code. ... 3
103. -- 199. (Reserved) ... 4
200. Collateral Information Codes. ... 4
201. Registration Of Buyers, Commission Merchants, And Selling Agents -- Subscription To The ML. ... 9
202. -- 299. (Reserved) ... 9
300. Form And Distribution Of A ML And CS. ... 9
301. Requests For Information. ... 10
302. Fees. ... 10
303. -- 999. (Reserved) ... 10
In accordance with Sections 67-903(9), 28-9-523(g), and 28-9-524, Idaho Code, the Secretary of State has authority to promulgate administrative rules in order to execute the duties of the Office of the Secretary of State. This authority includes rules to implement and maintain the USDA certified Idaho Central Filing System, in accordance with P.L. 99-198, Section 1324 of the Federal Food Security Act (1985) and Title 9, CFR Part 205 (2010). (3-25-22)
These rules govern the requirements for the filing of Farm Products Financing Statements, for the filing of amendments to Farm Products Financing Statements, and for the compilation and distribution of a master list of Farm Products Financing Statements, and portions of the master list. (3-25-22)
The definitions set forth in Section 28-9-102, Idaho Code, apply with full force and effect to all provisions and sections of these rules. Where terms used in this rule are not explicitly or completely defined herein, definitions and usage of terms from the Legal Authority in Section 000 of these rules are applicable. (3-25-22)
a. For a plant or plant product, the calendar year in which it is harvested or to be harvested. (3-25-22)
b. For mammals, the calendar year in which they are born or acquired. (3-25-22)
c. For bees and worms, the calendar year in which they are alive in adult form. (3-25-22)
d. For poultry and the products of mammals, poultry, and bees (i.e., milk, eggs, and honey), the calendar year in which they are sold or to be sold. (3-25-22)
e. For fish and other aquaculture, the calendar year in which they are harvested or to be harvested. (3-25-22)
03. Item on a Master List. An entry on a master list relating to one (1) Farm Products Financing Statement and one (1) debtor listed thereon. (3-25-22)
04. ML Grouping. That related group of farm products which will appear as one (1) ML number on the master list. (3-25-22)
Where abbreviations used in these rules are not explicitly or completely defined herein, definitions and usage of abbreviations from the Legal Authority in Section 000 of these rules are applicable. (3-25-22)
01. ML. A master list, which covers Farm Products Financing Statements relating to a particular farm product or group of farm products. (3-25-22)
02. SOS. Idaho Secretary of State. (3-25-22)
03. USDA. United States Department of Agriculture. (3-25-22)
01. UIN System. The Secretary of State’s Office will use a UIN system that has been approved and certified by the USDA for the Idaho Central Filing System in place of the former use of complete social security numbers as a means of debtor identification. (3-25-22)
02. Social Security Numbers and Tax Identification Numbers. With the use of UINs, as approved by the USDA, the SOS will no longer require or accept social security numbers or tax identification numbers, in total,
on Farm Products Financing Statements. Only the last four (4) digits shall be required and used. The SOS will not provide social security numbers or tax identification numbers, in total, to any person or business entity, in any format, from Farm Products Financing Statements. (3-25-22)
021. -- 099. (RESERVED)
01. Form. A Farm Products Financing Statement must meet the requirements of Section 28-9-502, Idaho Code, and must be filed on SOS form “UCC-1F.” (3-25-22)
02. Completion of Form. Form UCC-1F must be completed in accordance with instructions provided by the SOS. (3-25-22)
01. Form. An amendment, assignment, or continuation of a Farm Products Financing Statement must be filed on SOS form “UCC-3F.” (3-25-22)
02. Completion of Form. Form UCC-3F must be completed in accordance with instructions provided by the SOS. (3-25-22)
03. Termination. Termination of a Farm Products Financing Statement will be done either by the secured party’s signature on the termination signature line on the original of the UCC-1F or by checking the termination box on the UCC-3F. (3-25-22)
Unless otherwise provided for in this chapter, Farm Products Financing Statements shall be governed by IDAPA 34.05.06, “Administrative Rules Governing Lien Filings Under the UCC,” with the following exceptions: (3-25-22)
01. IDAPA 34.05.06.101.05 “File Number.” Subsection 101.05 only applies in that a unique number shall be assigned. For Farm Products Financing Statements, the filing type shall be designated as “F” followed by a number that is assigned sequentially. The filing number bears no relation to the time of filing and is not an indicator of priority. (3-25-22)
02. IDAPA 34.05.06.108 “Acceptable Forms.” Section 108 does not apply to Farm Products Financing Statements. (3-25-22)
03. IDAPA 34.05.06.111 “Filing Fees.” Section 111 does not apply to Farm Products Financing Statements. (3-25-22)
04. IDAPA 34.05.06.115.01 “Individually Identified Documents.” Subsection 115.01 does not apply to Farm Products Financing Statements. Copies of Farm Products Financing Statements shall be made available either from a computer terminal in the reception area in the filing office or through any medium otherwise accepted by the filing office. There is a charge of one dollar ($1) per page for copies of Farm Products Financing Statements pursuant to Section 28-9-523(k), Idaho Code. (3-25-22)
05. IDAPA 34.05.06.202.02 “Additional Debtor Identification.” Subsection 202.02 does not apply to Farm Products Financing Statements. (3-25-22)
06. IDAPA 34.05.06.301.01 “Identification Numbers.” Subsection 301.01 applies, however, each Farm Products Financing Statement is identified by its file number as described in Subsection 102.01 of these rules. (3-25-22)
07. IDAPA 34.05.06.301.05 “Status of Financing Statement.” Subsection 301.05 does not apply to
Farm Products Financing Statements. (3-25-22)
08. IDAPA 34.05.06.302.01 “Individual Name Fields.” Subsection 302.01 applies, however, no indicator is used to distinguish the name as that of an individual. (3-25-22)
09. IDAPA 34.05.06.302.05 “No Assumed Business Names.” Subsection 302.05 does not apply to Farm Products Financing Statements. However, if an assumed business name is used as the debtor name, the required information shall be as indicated in Subsection 020.02 of these rules. (3-25-22)
10. IDAPA 34.05.06.303.01 “Single Field.” Subsection 303.01 applies, however, no indicator is used to distinguish the name as that of an organization. (3-25-22)
11. IDAPA 34.05.06.303.03 “No Assumed Business Name.” Subsection 303.03 does not apply to Farm Products Financing Statements. However, if an assumed business name is used as the debtor name, the required information shall be as indicated in Subsection 020.02 of these rules. (3-25-22)
12. IDAPA 34.05.06.306.02 “Status of Debtor.” Subsection 306.02 does not apply to Farm Products Financing Statements. (3-25-22)
13. IDAPA 34.05.06.306.03 “Status of Financing Statement.” Subsection 306.03 does not apply to Farm Products Financing Statements. (3-25-22)
14. IDAPA 34.05.06.310 “Termination.” Section 310 does not apply to Farm Products Financing Statements. (3-25-22)
15. IDAPA 34.05.06.312 “Procedure Upon Lapse.” Section 312 only applies to Farm Products Financing Statements in that a Farm Products Financing Statement lapses on its lapse date. Upon lapse of a Farm Products Financing Statement, the information management system shall cause the Farm Products Financing Statement to no longer be made available to the searcher. (3-25-22)
16. IDAPA 34.05.06.407 “Data Entry of Names - Designated Fields.” Section 407 applies to Farm Products Financing Statements, however, the filer is not required to designate whether a name is an individual or an organization. (3-25-22)
17. IDAPA 34.05.06.408 “Data Entry of Names - No Designated Fields.” Section 408 does not apply to Farm Products Financing Statements. (3-25-22)
18. IDAPA 34.05.06.410.02 “Name and Address of Each Debtor.” Subsection 410.02 applies to Farm Products Financing Statements, however, each debtor name is removed from the searchable index upon lapse or termination. (3-25-22)
19. IDAPA 34.05.06.411.03 “Amendment Financing Statement Lapses.” Subsection 411.03 applies to Farm Products Financing Statements, however, each debtor name is removed from the searchable index upon lapse or termination. (3-25-22)
20. IDAPA 34.05.06.413 through IDAPA 34.05.06.504. Sections 413 through 504 do not apply to Farm Products Financing Statements. (3-25-22)
103. -- 199. (RESERVED)
Codes are used to describe farm product collateral on the Farm Products Financing Statements and amendments, on the master list maintained by the SOS, and on the MLs distributed to registered buyers, commission merchants, and selling agents. Assignment of farm product codes and ML Groupings, county codes, and farm product unit codes shall be done by the SOS. The SOS will provide a list of the established codes upon request. (3-25-22)
01. ML Groupings and Farm Product Codes. The table of ML Groupings, farm products, and their
codes is as follows:
| ML No. | ML Grouping | FP Code | FP Name |
|---|---|---|---|
| 01 | Wheat and Buckwheat | 010 | Wheat |
| 011 | Buckwheat | ||
| 02 | Feed and Oil Grains | 020 | Barley |
| 021 | Rye (including Triticale) | ||
| 022 | Oats | ||
| 023 | Sorghum Grain | ||
| 024 | Flaxseed | ||
| 025 | Safflower | ||
| 026 | Rape (including Canola) | ||
| 027 | Field Corn | ||
| 028 | Millet | ||
| 03 | Hay | 030 | Hay |
| 04 | Ensilage | 040 | Ensilage |
| 05 | Potatoes | 050 | Potatoes |
| 06 | Sugar Beets | 060 | Sugar Beets |
| 07 | Dry Beans | 070 | Dry Beans |
| 08 | Dry Peas, Lentils and Garbanzos | 080 | Dry Peas |
| 081 | Lentils | ||
| 082 | Garbanzos (Chick Peas) | ||
| 09 | Sweet Corn | 090 | Sweet Corn |
| 10 | Onions and Garlic | 100 | Onions |
| 101 | Onion Seed | ||
| 102 | Garlic | ||
| ML No. | ML Grouping | FP Code | FP Name |
|---|---|---|---|
| 11 | Mint | 110 | Mint |
| 12 | Hops | 120 | Hops |
| 13 | Popcorn & Sunflower Seeds | 130 | Popcorn |
| 131 | Sunflower Seeds | ||
| 14 | Soybeans | 140 | Soybeans |
| 15 | Rice | 150 | Rice |
| 16 | Seeds | 160 | Grass for Seed |
| 161 | Alfalfa for Seed | ||
| 162 | Other Hay Legumes for Seed | ||
| 163 | Garden Vegetables and Flower Seeds | ||
| 164 | Seed Potatoes | ||
| 165 | Row Crops for Seed | ||
| 17 | Vegetables & Melons | 170 | Green Peas |
| 171 | Tomatoes | ||
| 172 | Lettuce | ||
| 173 | Cucumbers | ||
| 174 | Broccoli | ||
| 175 | Cauliflower | ||
| 176 | Lima Beans | ||
| 177 | Green Beans | ||
| 178 | Melons | ||
| 179 | Carrots | ||
| 180 | Turnips | ||
| 181 | Asparagus | ||
| 182 | Spinach and Collards | ||
| 183 | Pumpkins and Squash | ||
| 184 | Radishes | ||
| 185 | Peppers |
| ML No. | ML Grouping | FP Code | FP Name |
|---|---|---|---|
| 186 | Herbs | ||
| 19 | Fruits | 190 | Apples |
| 191 | Apricots | ||
| 192 | Cherries | ||
| 193 | Nectarines | ||
| 194 | Peaches | ||
| 195 | Pears | ||
| 196 | Plums | ||
| 20 | Berries | 200 | Strawberries |
| 201 | Raspberries | ||
| 21 | Nursery Products | 210 | Sod |
| 211 | Nursery Stock (Trees and Shrubs) | ||
| 212 | Christmas Trees | ||
| 213 | Flowers and Potted Plants | ||
| 22 | Mushrooms | 220 | Mushrooms |
| 23 | Grapes | 230 | Grapes |
| 50 | Beef Animals | 500 | Beef Cattle and Calves |
| 501 | Beefalo | ||
| 502 | Bison | ||
| 51 | Sheep, Wool | 510 | Sheep and Lambs Goats and Llamas |
| 511 | Wool | ||
| 512 | Goats | ||
| 513 | Llamas | ||
| 52 | Hogs | 520 | Hogs |
| 53 | Dairy | 530 | Dairy Cattle |
| ML No. | ML Grouping | FP Code | FP Name |
|---|---|---|---|
| 531 | Milk | ||
| 54 | Equines | 540 | Horses |
| 541 | Mules | ||
| 542 | Donkeys and Burros | ||
| 55 | Chickens and Eggs | 550 | Chickens |
| 551 | Eggs | ||
| 56 | Other Fowl | 560 | Turkeys |
| 561 | Ducks | ||
| 562 | Geese | ||
| 563 | Game Birds | ||
| 564 | Ostriches, Emus, and Rheas | ||
| 57 | Mink, Rabbits and Fox | 570 | Mink and Pelts |
| 571 | Rabbits | ||
| 572 | Fox and Pelts | ||
| 58 | Apiary Products | 580 | Bees |
| 581 | Honey | ||
| 582 | Bees Wax | ||
| 59 | Fish and Other Aquaculture | 590 | Fish and Other Aquaculture |
| 60 | Big Game Animals (Deer and Elk) | 600 | Big Game Animals (Deer and Elk) |
| 61 | Worms | 610 | Worms |
| 62 | Semen | 620 | Cattle Semen |
| 621 | Horse Semen |
(3-25-22)
02. County Codes. The table of county codes is as follows. Unless otherwise indicated, counties are in Idaho.
| 00 | All Idaho Counties | ||||||
|---|---|---|---|---|---|---|---|
| 01 | Ada | 16 | Cassia | 31 | Lewis | 46 | Garfield, Wa. |
| 02 | Adams | 17 | Clark | 32 | Lincoln | 47 | Pend Orielle, Wa. |
| 03 | Bannock | 18 | Clearwater | 33 | Madison | 48 | Spokane, Wa. |
| 04 | Bear Lake | 19 | Custer | 34 | Minidoka | 49 | Whitman, Wa. |
| 05 | Benewah | 20 | Elmore | 35 | Nez Perce | 50 | Malheur, Or. |
| 06 | Bingham | 21 | Franklin | 36 | Oneida | 51 | Elko, Nv. |
| 07 | Blaine | 22 | Fremont | 37 | Owyhee | 52 | Box Elder, Ut. |
| 08 | Boise | 23 | Gem | 38 | Payette | 53 | Cache, Ut. |
| 09 | Bonner | 24 | Gooding | 39 | Power | 54 | Rich, Ut. |
| 10 | Bonneville | 25 | Idaho | 40 | Shoshone | 55 | Lincoln, Wy. |
| 11 | Boundary | 26 | Jefferson | 41 | Teton | 56 | Teton, Wy |
| 12 | Butte | 27 | Jerome | 42 | Twin Falls | 57 | Beaverhead, Mt. |
| 13 | Camas | 28 | Kootenai | 43 | Valley | 58 | Lincoln, Mt |
| 14 | Canyon | 29 | Latah | 44 | Washington | 59 | Sanders, Mt. |
| 15 | Caribou | 30 | Lemhi | 45 | Asotin, Wa. | 99 | Not in Table |
(3-25-22)
03. Unit Codes. The table for codes for units used to indicate the amount of a FP covered is as follows:
| A - acres | G - gallons | T - tons |
|---|---|---|
| B - bushels | H - head | V - hives |
| C - hundred weight | L - pounds | W - lugs |
| E - cases | N - bins | X - boxes |
| F - flats | S - sacks | Z - stubs |
(3-25-22)
01. Form. Registration of buyers, commission merchants, and selling agents must be on the SOS “Subscription Application/Renewal” form. (3-25-22)
02. Duration. Registration is effective for a period of one (1) year. Renewal of registration may be filed at any time after ninety (90) days prior to expiration of a current registration period. (3-25-22)
03. Initial Subscription. Subscriptions to the ML may be made at any time. (3-25-22)
202. -- 299. (RESERVED)
01. Content of List. Each ML includes data from all Farm Products Financing Statements which cover
all ML Groupings. (3-25-22)
02. ML Publication Dates. Each ML is published in complete form on the first regularly scheduled bi-weekly publication date in each calendar quarter. A ML may at other times be published in complete form at the discretion of the SOS. (3-25-22)
03. Cut-Off. In order to be included on a ML or CS, a Farm Products Financing Statement must be received by the SOS at least one (1) business day prior to publication. (3-25-22)
04. Schedule. At the beginning of each calendar quarter, the SOS will make available a schedule of proposed publication dates for that calendar quarter. The SOS may, for good cause, deviate from the schedule, but every ML will be clearly marked with the actual date of publication. In no case will there be more than eighteen (18) days between publications of the ML. (3-25-22)
301. REQUESTS FOR INFORMATION. Requests for information on Farm Products Financing Statements will comply with IDAPA 34.05.03, “Rules Governing Requests For Information -- Form UCC-4 -- Fees.” (3-25-22)
01. Farm Products Financing Statement. Farm Products Financing Statement and changes thereto (UCC-1F and UCC-3F). (3-25-22)
a. The fee for filing either a UCC-1F or a UCC-3F is provided in IDAPA 34.05.06, “Administrative Rules Governing Lien Filings Under the UCC - Farm Product Liens,” Section 606. (3-25-22)
b. There is no charge for filing a complete termination of a Farm Products Financing Statement. (3-25-22)
02. Subscription to ML by Buyers, Commission Merchants, and Selling Agents. (3-25-22)
a. The fee for subscribing for one (1) year is sixty dollars ($60). (3-25-22)
b. The subscription fee must be paid at the time the subscription is made. (3-25-22)
04. Fees for Requests for Information. The fees for requests for information on Farm Products Financing Statements, both written and verbal, and for copies of Farm Products Financing Statements reported on the certificate, are provided in IDAPA 34.05.03, “Rules Governing Requests For Information -- Form UCC-4 -- Fees.” (3-25-22)
303. -- 999. (RESERVED)