Business

When Grain Dealers Default, Farms Face Crisis

A single grain dealer default can cripple dozens of farms, freeze cash flow, and rock regional ag economies. But state statutes, from bonding to prompt payment laws, offer critical protections. Are farmers prepared?

AgroLatam USA

When a grain dealer fails to pay, the shockwaves reach far beyond a single farm. According to Ross Pifer, ag law expert at Penn State, "It's not just one farmer who doesn't get paid-it's dozens. And those farmers then can't pay suppliers, employees or meet operational costs. The ripple effect threatens the local ag economy."

To counter these risks, state governments have established statutes offering legal and financial safeguards for producers. These include:

Licensing: States like Arkansas, Louisiana, Mississippi, and Tennessee require annual licenses for grain dealers. These ensure accountability and regulatory compliance.

Auditing: States allow agencies to inspect dealers' financials and records. Mississippi even mandates annual examinations to verify financial health.

Bonding: This is the core safety net. Bonds or indemnity funds ensure farmers get paid even if the dealer defaults. Mississippi requires bonds worth 10% of dealer purchases. Tennessee uses both bonds and indemnity funds for added protection.

Prompt Payment Laws: Some states enforce time limits for grain payment. Mississippi mandates contract fulfillment within 160 days, or 270 days for deferred sales.

Penalties: States also impose stiff consequences. In Arkansas, violations may escalate to a Class D felony.

Grain dealer defaults have far-reaching effects on local, state and regional economies

Pifer highlights, "Bonding and indemnity provisions are the heart and soul of these laws. They provide a backstop when dealers fail."

For multistate sellers, understanding these laws is crucial. The National Ag Law Center offers a full directory by state for farmers needing clarity on protections in their jurisdiction.

Esta nota habla de: