§2363-A. Measurement of wood
1. Cubic measure and standard cord. In all wood transactions the volume of wood may be measured in cubic feet or by the standard cord as provided for by the state sealer.
[PL 1983, c. 804, §6 (NEW).]
2. Weight scale. When agreed upon by the parties, weight measurement may be used in all wood transactions, under the following conditions:
A. The weight measurement may not be converted to volume; [PL 2013, c. 154, §1 (AMD).]
B. When payment is made for services harvesting wood, all weight measurements must be expressed on a green wood basis. Except as otherwise provided by the state sealer, when the wood is not, or will not be, weighed within 15 days of felling, the person performing the services may, prior to hauling, require that the wood instead be measured by butt measure, or other authorized method of measurement; [PL 2013, c. 154, §1 (AMD).]
C. Sales of wood chips may be based on oven-dried weight, except when payment is made for harvesting wood; [PL 2013, c. 154, §1 (AMD).]
D. When a service contract for harvesting wood requires payment on a per tonnage basis, the contracting party must notify the contractor of the price per ton to be paid under the contract prior to the contractor's providing the harvesting service; and [PL 2013, c. 154, §1 (NEW).]
E. For service contracts for hauling wood, the contracting party must notify the contractor of the price per ton to be paid under the contract prior to the contractor's providing the hauling service. [PL 2013, c. 154, §1 (NEW).]
Notification required under this subsection must be made in writing. Written notification may be communicated by United States mail, private courier or electronic means, including, but not limited to, e-mail and fax transmission.
[PL 2013, c. 154, §1 (AMD).]
3. Tree length wood. Butt measure shall be the standard state method for the measurement of tree length wood. Where agreed upon, the parties may use any other method of measurement authorized by this subchapter.
A. Butt scale measurements may be used as follows.
(1) Where payment is made for services, the use of butt scale measurements is prohibited as of April 1, 1986. Until that date, the use of butt scale measurements is permitted for tree length wood under the following conditions.
(a) Prior to its usage, the parties or their authorized representatives, shall sign and date the volume table which shall designate the applicable harvesting area or areas.
(b) The parties, or their authorized representatives, shall receive a copy of the signed butt scale table prior to performance of the services, if a request is made in writing by the employee, an authorized employee representative or by the state sealer.
(c) The volume table to which the measurements are applied shall reasonably represent the volume of trees being cut on the operation.
(2) In the sale of wood, butt scale measurements shall continue to be permitted for tree length wood, under the following conditions.
(a) The applicable butt scale table shall be provided in a written contract agreement.
(b) The volume table to which the measurements are applied shall reasonably represent the volume of trees being cut on the operation. [PL 1983, c. 804, §6 (NEW).]
4. Log length stems. Log length stems shall be measured as follows.
A. The international 1/4 inch log rule shall be the standard state rule for the measurement of log length stems. [PL 1983, c. 804, §6 (NEW).]
B. Where agreed upon by the parties, cubic foot measurement, weight measurement, butt measure or another log rule may also be used to measure log length stems. [PL 1983, c. 804, §6 (NEW).]
[PL 1983, c. 804, §6 (NEW).]
SECTION HISTORY
PL 1983, c. 804, §6 (NEW). PL 2013, c. 154, §1 (AMD).