Pennsylvania Act 1983-71 — CHRISTMAS TREE BILL OF SALE

Act text

CHRISTMAS TREE BILL OF SALE
                  Act of Dec. 20, 1983, P.L. 257, No. 71              Cl. 03
                                  AN ACT

     Prohibiting the cutting, digging, removal, transportation or
        sale within this Commonwealth for any purpose of Christmas
        trees, without a bill of sale or other proof of ownership
        from the owner of the land on which the same are grown; and
        providing a penalty.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Compiler's Note:  Section 302(h) of Act 18 of 1995, which
            created the Department of Conservation and Natural
            Resources and renamed the Department of Environmental
            Resources as the Department of Environmental Protection,
            provided that the Department of Conservation and Natural
            Resources shall exercise the powers and duties conferred
            upon the Department of Environmental Resources by Act 71
            of 1983.
     Section 1.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Trees" or "Christmas trees."  Any Red Pine, Scotch Pine,
     White Pine, Austrian Pine, Southwestern White Pine, Norway
     Spruce, White Spruce, Colorado Blue Spruce, Serbian Spruce,
     Douglas Fir, Concolor Fir, Balsam Fir and Fraser Fir.
     Section 2.  Required bill of sale.
        No person shall cut, dig, remove or transport, without having
     in possession a bill of sale from the owner, in form prescribed
     by and available from the Department of Agriculture, any
     Christmas trees.
     Section 3.  Removal and identification.
        No person shall cut, dig, remove or transport within this
     Commonwealth any of the trees listed in section 1:
            (1)  if the same have been cut, dug, removed or
        transported from property owned or leased by the person,
        unless he has in possession a copy of a current tax receipt,
        lease or deed with respect to said property or can provide
        such evidence within 24 hours; or
            (2)  if the same have been cut, dug, removed or
        transported from property not owned or leased by the person,
        unless:
                (i)  each tree bears a tag placed thereon by and
            identifying the person and his address and stating from
            whom the same was acquired; or
                (ii)  the person has in his possession a bill of sale
            or other evidence of title acquisition or lease in form
            to be prescribed by the Department of Agriculture or can
            provide such evidence within 24 hours.
     Section 4.  Record of sale.
        No person shall sell or offer for sale any of the trees
     listed in section 1 without having in his possession the
     evidence of title or lease prescribed by section 3 or providing
     such evidence within 24 hours, nor without furnishing the
     purchaser a bill of sale or other evidence of title acquisition
     or lease in form to be prescribed by the Department of
     Agriculture. Vendors shall maintain and keep for such period of
     time such records of their transactions as the Department of
     Agriculture shall by regulation prescribe.
     Section 5.  Evidence of title or lease exhibited to common
                 carrier.
        No common carrier shall accept for shipment any of the trees
     listed in section 1 unless the consignor, whose name and address
     is recorded, shall at the time of consignment exhibit the
     evidence of title or lease prescribed by section 3.
     Section 6.  Inspection.
        Any law enforcement officer having probable cause to believe
     that any section of this act is being violated shall have the
     power to make inspections to determine whether any provisions of
     this act have been violated, which power shall include the right
     to stop any vehicle at any time, to inspect and make copies of
     bills of sale or other evidences of title or lease prescribed by
     the Department of Agriculture, to arrest persons found to have
     any of the trees listed in section 1 in possession in violation
     of the terms of this act, and to seize and hold any such trees
     subject to the order of the court. Failure to exhibit a bill of
     sale or other evidence of title or lease prescribed by the
     Department of Agriculture shall be prima facie evidence that no
     such bill of sale or other evidence of title or lease exists.
     Section 7.  Enforcement.
        The Secretary of Agriculture, in cooperation with the
     Department of Environmental Resources and law enforcement
     agencies, shall enforce the provisions of this act. The
     Secretary of Agriculture shall make such rules and regulations
     as he deems necessary for the enforcement of this act.

        Compiler's Note:  The Department of Environmental Resources,
            referred to in this section, was abolished by Act 18 of
            1995. Its functions were transferred to the Department of
            Conservation and Natural Resources and the Department of
            Environmental Protection.
     Section 8.  Penalty.
        A person is guilty of a misdemeanor of the third degree if
     he:
            (1)  Makes or utters a false and fraudulent bill of sale
        or other evidence of title or lease required by this act.
            (2)  Unlawfully alters a bill of sale or other evidence
        of title or lease with intent to defraud.
            (3)  Cuts, digs, removes, transports or sells any tree in
        violation of sections 2, 3, 4 and 5.
     Section 9.  Sale and transportation of Christmas trees during
                 December.
        The provisions of this act shall not apply to the cutting,
     digging, removing and transportation by any one person of less
     than three Christmas trees between November 15 and January 7 of
     the following year nor shall it apply to the retail vendor of
     Christmas trees during the same period, provided that such
     retail vendor has in its possession evidence of title or lease
     as prescribed by section 3(2)(ii).
     Section 10.  Exemption from applicability.
        The provisions of this act shall not apply to the
     transportation of Christmas trees to dumping areas in vehicles
     customarily used for the hauling of trash or garbage.
     Section 11.  Effective date.
        This act shall take effect in 60 days.