PRIOR PRINTER'S NO. 336 PRINTER'S NO. 3035
No. 327 Session of 1981
INTRODUCED BY WASS, L. E. SMITH, WENGER, PETERSON, CUNNINGHAM
AND FEE, FEBRUARY 2, 1981
AS REPORTED FROM COMMITTEE ON AGRICULTURAL AND RURAL AFFAIRS,
HOUSE OF REPRESENTATIVES, AS AMENDED MARCH 22, 1982
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 other trees, shrubs or vines or <--
4 certain native plants, SHRUBS, without a bill of sale or <--
5 other proof of ownership from the owner of the land on which
6 the same are grown and providing a penalty.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Required bill of sale.
10 No person shall cut, DIG, remove or transport, without having <--
11 in possession bill of sale from the owner, in form prescribed by
12 and available from the Department of Agriculture any Christmas
13 trees, evergreen boughs or other trees, shrubs or vines or any <--
14 of the following native plants: trailing arbutus, bird's foot
15 violet, climbing bittersweet, club mosses, flowering dogwood,
16 all holly, North American lotus, pipsissewa, and all native
17 orchids, trilliums and gentians. SHRUBS. <--
18 Section 2. Removal and identification.
19 No person shall CUT, DIG, REMOVE OR transport within this <--
1 Commonwealth any of the trees, boughs, shrubs, vines or plants <--
2 OR SHRUBS, listed in section 1: <--
3 (1) if the same have been removed CUT, DUG, REMOVED OR <--
4 TRANSPORTED from property owned OR LEASED by the person, <--
5 unless he has in possession a COPY OF A current tax receipt, <--
6 LEASE or deed with respect to said property; or
7 (2) if the same have been removed CUT, DUG, REMOVED OR <--
8 TRANSPORTED from property not owned OR LEASED by the person, <--
9 unless:
10 (i) each tree, bough, shrub, vine or plant OR SHRUB <--
11 bears a tag placed thereon by and identifying the person
12 and his address and stating from whom the same was
13 acquired; or
14 (ii) the person has in his possession a bill of sale
15 or other evidence of title acquisition OR LEASE in form <--
16 to be prescribed by the Department of Agriculture OR CAN <--
17 PROVIDE SUCH EVIDENCE WITHIN 24 HOURS.
18 Section 3. Record of sale.
19 No person shall sell or offer for sale any of the trees,
20 boughs, shrubs, vines or plants OR SHRUBS listed in section 1 <--
21 without having in his possession the evidence of title OR LEASE <--
22 prescribed by section 2, nor without furnishing the purchaser a
23 bill of sale or other evidence of title acquisition OR LEASE in <--
24 form to be prescribed by the Department of Agriculture. Vendors
25 shall maintain and keep for such period of time such records of
26 their transactions as the Department of Agriculture shall by
27 regulation prescribe.
28 Section 4. Evidence of title OR LEASE exhibited to common <--
29 carrier.
30 No common carrier shall accept for shipment any of the trees,
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1 boughs, shrubs, vines or plants OR SHRUBS listed in section 1 <--
2 unless the consignor, whose name and address is recorded, shall
3 at the time of consignment exhibit the evidence of title OR <--
4 LEASE prescribed by section 2.
5 Section 5. Inspection.
6 Any law enforcement officer having probable cause to believe
7 that any section of this act is being violated, including <--
8 authorized employees of the Department of Environmental
9 Resources and the Department of Agriculture, shall have the
10 power to make inspections to determine whether any provisions of
11 this act have been violated, which power shall include the right
12 to stop any vehicle at any time, to inspect and make copies of
13 bills of sale or other evidences of title OR LEASE prescribed by <--
14 the Department of Agriculture, to arrest persons found to have
15 any of the trees, boughs, shrubs, vines or plants OR SHRUBS <--
16 prescribed in section 1 in possession in violation of the terms
17 of this act, and to seize and hold any such trees, boughs, <--
18 shrubs, vines or plants OR SHRUBS subject to the order of the <--
19 court. Failure to exhibit a bill of sale or other evidence of
20 title OR LEASE prescribed by the Department of Agriculture shall <--
21 be prima facie evidence that no such bill of sale or other
22 evidence of title OR LEASE exists. <--
23 Section 6. Enforcement.
24 The Secretary of Agriculture, in cooperation with the
25 Department of Environmental Resources and law enforcement
26 agencies, shall enforce the provisions of this act. The
27 Secretary of Agriculture shall make such rules and regulations
28 as he deems necessary for the enforcement of this act.
29 Section 7. Penalty.
30 A person is guilty of a misdemeanor of the third degree if
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1 he:
2 (1) Makes or utters a false and fraudulent bill of sale
3 or other evidence of title OR LEASE required by this act. <--
4 (2) Unlawfully alters a bill of sale or other evidence
5 of title OR LEASE with intent to defraud. <--
6 (3) Violates any other provisions of this act. <--
7 Section 8. Transportation of Christmas trees during December.
8 The provisions of this act shall not apply to the sale of or
9 the transportation by any one person of not more than two
10 Christmas trees between November 30 and December 31 of the same
11 year.
12 (3) CUTS, DIGS, REMOVES, TRANSPORTS OR SELLS ANY TREE, <--
13 BOUGH OR SHRUB IN VIOLATION OF SECTIONS 1, 2, 3 AND 4.
14 SECTION 8. EXEMPTION FROM APPLICABILITY.
15 THE PROVISIONS OF THIS ACT SHALL NOT APPLY TO THE
16 TRANSPORTATION OF CHRISTMAS TREES TO DUMPING AREAS IN VEHICLES
17 CUSTOMARILY USED FOR THE HAULING OF TRASH OR GARBAGE.
18 Section 9. Effective date.
19 This act shall take effect in 60 days.
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