PRINTER'S NO. 289
No. 256 Session of 1983
INTRODUCED BY WASS, BOWSER, STAIRS, HERSHEY, BUNT AND SAURMAN,
FEBRUARY 16, 1983
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
FEBRUARY 16, 1983
AN ACT
1 Prohibiting the cutting, digging, removal, transportation or
2 sale within this Commonwealth for any purpose of Christmas
3 trees, evergreen boughs or shrubs, without a bill of sale or
4 other proof of ownership from the owner of the land on which
5 the same are grown; and providing a penalty.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Required bill of sale.
9 No person shall cut, dig, remove or transport, without having
10 in possession a bill of sale from the owner, in form prescribed
11 by and available from the Department of Agriculture, any
12 Christmas trees, evergreen boughs or shrubs.
13 Section 2. Removal and identification.
14 No person shall cut, dig, remove or transport within this
15 Commonwealth any of the trees, boughs or shrubs, listed in
16 section 1:
17 (1) if the same have been cut, dug, removed or
18 transported from property owned or leased by the person,
1 unless he has in possession a copy of a current tax receipt,
2 lease or deed with respect to said property; or
3 (2) if the same have been cut, dug, removed or
4 transported from property not owned or leased by the person,
5 unless:
6 (i) each tree, bough or shrub bears a tag placed
7 thereon by and identifying the person and his address and
8 stating from whom the same was acquired; or
9 (ii) the person has in his possession a bill of sale
10 or other evidence of title acquisition or lease in form
11 to be prescribed by the Department of Agriculture or can
12 provide such evidence within 24 hours.
13 Section 3. Record of sale.
14 No person shall sell or offer for sale any of the trees,
15 boughs or shrubs listed in section 1 without having in his
16 possession the evidence of title or lease prescribed by section
17 2, nor without furnishing the purchaser a bill of sale or other
18 evidence of title acquisition or lease in form to be prescribed
19 by the Department of Agriculture. Vendors shall maintain and
20 keep for such period of time such records of their transactions
21 as the Department of Agriculture shall by regulation prescribe.
22 Section 4. Evidence of title or lease exhibited to common
23 carrier.
24 No common carrier shall accept for shipment any of the trees,
25 boughs or shrubs listed in section 1 unless the consignor, whose
26 name and address is recorded, shall at the time of consignment
27 exhibit the evidence of title or lease prescribed by section 2.
28 Section 5. Inspection.
29 Any law enforcement officer having probable cause to believe
30 that any section of this act is being violated shall have the
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1 power to make inspections to determine whether any provisions of
2 this act have been violated, which power shall include the right
3 to stop any vehicle at any time, to inspect and make copies of
4 bills of sale or other evidences of title or lease prescribed by
5 the Department of Agriculture, to arrest persons found to have
6 any of the trees, boughs or shrubs prescribed in section 1 in
7 possession in violation of the terms of this act, and to seize
8 and hold any such trees, boughs or shrubs subject to the order
9 of the court. Failure to exhibit a bill of sale or other
10 evidence of title or lease prescribed by the Department of
11 Agriculture shall be prima facie evidence that no such bill of
12 sale or other evidence of title or lease exists.
13 Section 6. Enforcement.
14 The Secretary of Agriculture, in cooperation with the
15 Department of Environmental Resources and law enforcement
16 agencies, shall enforce the provisions of this act. The
17 Secretary of Agriculture shall make such rules and regulations
18 as he deems necessary for the enforcement of this act.
19 Section 7. Penalty.
20 A person is guilty of a misdemeanor of the third degree if
21 he:
22 (1) Makes or utters a false and fraudulent bill of sale
23 or other evidence of title or lease required by this act.
24 (2) Unlawfully alters a bill of sale or other evidence
25 of title or lease with intent to defraud.
26 (3) Cuts, digs, removes, transports or sells any tree,
27 bough or shrub in violation of sections 1, 2, 3 and 4.
28 Section 8. Sale and transportation of Christmas trees during
29 December.
30 The provisions of this act shall apply to the sale of or the
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1 transportation by any one person of three or more Christmas
2 trees between November 30 and December 31 of the same year.
3 Section 9. Exemption from applicability.
4 The provisions of this act shall not apply to the
5 transportation of Christmas trees to dumping areas in vehicles
6 customarily used for the hauling of trash or garbage.
7 Section 10. Effective date.
8 This act shall take effect in 60 days.
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