PRIOR PRINTER'S NOS. 289, 1588 PRINTER'S NO. 1792
No. 256 Session of 1983
INTRODUCED BY WASS, BOWSER, STAIRS, HERSHEY, BUNT AND SAURMAN,
FEBRUARY 15, 1983
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
SEPTEMBER 27, 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 can provide
3 such evidence within 24 hours; or
4 (2) if the same have been cut, dug, removed or
5 transported from property not owned or leased by the person,
6 unless:
7 (i) each tree, bough or shrub bears a tag placed
8 thereon by and identifying the person and his address and
9 stating from whom the same was acquired; or
10 (ii) the person has in his possession a bill of sale
11 or other evidence of title acquisition or lease in form
12 to be prescribed by the Department of Agriculture or can
13 provide such evidence within 24 hours.
14 Section 3. Record of sale.
15 No person shall sell or offer for sale any of the trees,
16 boughs or shrubs listed in section 1 without having in his
17 possession the evidence of title or lease prescribed by section
18 2 or providing such evidence within 24 hours, nor without
19 furnishing the purchaser a bill of sale or other evidence of
20 title acquisition or lease in form to be prescribed by the
21 Department of Agriculture. Vendors shall maintain and keep for
22 such period of time such records of their transactions as the
23 Department of Agriculture shall by regulation prescribe.
24 Section 4. Evidence of title or lease exhibited to common
25 carrier.
26 No common carrier shall accept for shipment any of the trees,
27 boughs or shrubs listed in section 1 unless the consignor, whose
28 name and address is recorded, shall at the time of consignment
29 exhibit the evidence of title or lease prescribed by section 2.
30 Section 5. Inspection.
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1 Any law enforcement officer having probable cause to believe
2 that any section of this act is being violated shall have the
3 power to make inspections to determine whether any provisions of
4 this act have been violated, which power shall include the right
5 to stop any vehicle at any time, to inspect and make copies of
6 bills of sale or other evidences of title or lease prescribed by
7 the Department of Agriculture, to arrest persons found to have
8 any of the trees, boughs or shrubs prescribed in section 1 in
9 possession in violation of the terms of this act, and to seize
10 and hold any such trees, boughs or shrubs subject to the order
11 of the court. Failure to exhibit a bill of sale or other
12 evidence of title or lease prescribed by the Department of
13 Agriculture shall be prima facie evidence that no such bill of
14 sale or other evidence of title or lease exists.
15 Section 6. Enforcement.
16 The Secretary of Agriculture, in cooperation with the
17 Department of Environmental Resources and law enforcement
18 agencies, shall enforce the provisions of this act. The
19 Secretary of Agriculture shall make such rules and regulations
20 as he deems necessary for the enforcement of this act.
21 Section 7. Penalty.
22 A person is guilty of a misdemeanor of the third degree if
23 he:
24 (1) Makes or utters a false and fraudulent bill of sale
25 or other evidence of title or lease required by this act.
26 (2) Unlawfully alters a bill of sale or other evidence
27 of title or lease with intent to defraud.
28 (3) Cuts, digs, removes, transports or sells any tree,
29 bough or shrub in violation of sections 1, 2, 3 and 4.
30 Section 8. Sale and transportation of Christmas trees during
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1 December.
2 The provisions of this act shall NOT apply to the sale of or <--
3 the transportation by any one person of three or more LESS THAN <--
4 THREE Christmas trees between November 15 and December 31 of the <--
5 same year JANUARY 7 OF THE FOLLOWING YEAR. <--
6 Section 9. Exemption from applicability.
7 The provisions of this act shall not apply to the
8 transportation of Christmas trees to dumping areas in vehicles
9 customarily used for the hauling of trash or garbage.
10 Section 10. Effective date.
11 This act shall take effect in 60 days.
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