1. Standards. It is the intent of this subchapter that any method of wood scaling or measurement used in wood transactions shall provide an accurate and verifiable count of the volume, quantity, dimension or weight measured, according to the standards established by the state sealer, provided that those standards may be efficiently and conveniently applied in wood transactions, as defined in this subchapter.

[PL 1983, c. 804, §7 (NEW).]

Terms Used In Maine Revised Statutes Title 10 Sec. 2364-A

  • Butt measure: means the lineal measure of the butt end of tree length wood, without subsequent conversion to volume by any means. See Maine Revised Statutes Title 10 Sec. 2361-A
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Hauler: means the person, company or other entity that owns the truck or trailer on which a load of wood is transported. See Maine Revised Statutes Title 10 Sec. 2361-A
  • Person: means both plural and the singular, as the case demands, and includes individuals, partnerships, corporations, companies, societies and associations;
[PL 1973, c. See Maine Revised Statutes Title 10 Sec. 2302
  • Properly prepared wood: means wood that was required to be harvested and yarded, and was prepared as directed, according to written cutting specifications. See Maine Revised Statutes Title 10 Sec. 2361-A
  • Sale of wood: means a transaction involving transfer of title to wood. See Maine Revised Statutes Title 10 Sec. 2361-A
  • standard cord: means the cubic foot measurement of 4 foot long wood, ranked and well stowed, and stacked 4 feet wide, 4 feet high and 8 feet long, or its equivalent, which stack measure contains 128 cubic feet of wood, bark and air space. See Maine Revised Statutes Title 10 Sec. 2361-A
  • Wood: means the severed but unprocessed fibrous derivative of trees, without regard for quality or grade and also means the chipped fibrous derivative of trees. See Maine Revised Statutes Title 10 Sec. 2361-A
  • Wood transactions: means the "sale of wood" or "payment for services" as those terms are defined in this section. See Maine Revised Statutes Title 10 Sec. 2361-A
  • Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
    • 2. Measurements. In all wood transactions, no person who scales or measures wood and no person who makes payment to another shall represent a weight, volume, quantity or dimension of wood which is less than the weight, volume, quantity or dimension of wood to be measured.
    A. When payment is made for services harvesting wood, all wood that is properly prepared shall be measured in full, without regard to its future merchantability or use. Nothing in this subsection prevents making reasonable deductions based on quantity factors, such as for loose piling, short or undersized wood or for wood that was not designated to be harvested, hauled or chipped. [PL 1983, c. 804, §7 (NEW).]
    B. The written cutting specifications for properly prepared tree stems shall be provided to the person providing the service and shall be signed by the person requiring the service. [PL 1983, c. 804, §7 (NEW).]
    C. When payment is made for services in hauling or trucking wood, all wood that was designated to be hauled and which was hauled, shall be measured in full. [PL 1983, c. 804, §7 (NEW).]
    D. In the sale of wood, all wood that meets the specifications of the parties shall be measured by the terms of the sales contract according to the measurement procedures set forth in section 2363-A that are applicable to a sale of wood, as defined in this subchapter. [PL 1983, c. 804, §7 (NEW).]
    E. When payment is made for services, payment shall be expressed in the same system of measure that was used in making the measurement. Nothing in this subsection may be interpreted to prohibit the use of the standard cord or butt measure. [PL 1983, c. 804, §7 (NEW).]
    F. In the sale of wood, the measurement tally sheet recording the first measurement shall include the name of the landowner from whom the stumpage was purchased. The tally sheet also shall include the name or names of other parties involved in this original transaction. [PL 1989, c. 102 (NEW).]
    G. A person buying stumpage from a landowner shall provide a stumpage sheet or a copy of the measurement tally sheet to the landowner for every truckload sold. The sheet must include:

    (1) The name of the landowner;
    (2) The name of the contractor;
    (3) The name of the hauler;
    (4) A description of the product;
    (5) The date; and
    (6) The destination of the truckload.
    This sheet must be provided to the landowner when the person buying the stumpage pays the landowner. [PL 1989, c. 760 (NEW).]

    [PL 1989, c. 102 (AMD); PL 1989, c. 760 (AMD).]

    3. Measurement tally sheet. When payment is made for services, the person providing the service shall promptly receive a copy of the tally sheet setting forth the total measure of the wood, identifying the person or persons providing the service, the location from which the wood was hauled and the date the measurements were made. If, based upon a complaint involving wood that is taken outside the State, the state sealer, after investigation, has reason to believe that there has been inaccurate measurement of the wood, that the measurement of the wood was inaccurately or incompletely represented on the measurement tally sheet or that a measurement tally sheet for the wood was not promptly provided to the person providing the service, then, except in a case of inadvertent error, the state sealer shall require, for a period of not less than one year, that the person requiring the service measure and provide the person providing the service a completed measurement tally sheet for wood that is taken outside the State.

    [PL 1983, c. 804, §7 (NEW).]

    4. Specification for properly prepared wood. Companies or individuals buying wood for processing shall give contractors or landowners written specifications for properly prepared wood. No deductions for quality or future merchantability may be made for properly prepared wood, meeting the written specifications which have been provided by the companies and individuals buying the wood.

    [PL 1983, c. 804, §7 (NEW).]

    SECTION HISTORY

    PL 1983, c. 804, §7 (NEW). PL 1989, c. 102 (AMD). PL 1989, c. 760 (AMD).