Maine § 2361-A. - Definitions

§ 2361-A.. Definitions

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1983, c. 804, §2 (NEW).]

1.  Agreement of the parties.  "Agreement of the parties" means the mutual agreement of the parties or their authorized representatives, and is distinguished from a unilateral condition imposed by any party to the agreement. A party is a company or individual buying wood, a contractor, an individual providing services described in subsection 7 or an authorized employee representative negotiating on behalf of the individual providing services.

2.  Butt diameter.  Except as otherwise provided by the state sealer, "butt diameter" means the diameter of the severed stem butt, measured outside the bark, the short way through the center, disregarding crevices and cracks.

3.  Butt measure.  "Butt measure" means the lineal measure of the butt end of tree length wood, without subsequent conversion to volume by any means. This measurement may be represented in either the number of stems in each butt diameter class by species, or alternatively in the cumulative sum of the butt diameters by species, expressed in inches, without regard to the butt diameter class.

4.  Butt scale.  "Butt scale" means the volume measure of wood based solely on measurement of the butt end of individual trees and converted to volume by any means.

5.  Green wood.  "Green wood" means trees or parts of trees that have been freshly felled.

5-A.  Hauler.  "Hauler" means the person, company or other entity that owns the truck or trailer on which a load of wood is transported.

6.  Oven-dried wood.  "Oven-dried wood" means wood that has been oven-dried to remove its moisture content according to standards as adopted by the American Society of Testing and Materials.

7.  Payment for services.  "Payment for services" means payment made for services in or incidental to harvesting, hauling or chipping wood, and does not involve transfer of title to the wood.

8.  Properly prepared wood.  "Properly prepared wood" means wood that was required to be harvested and yarded, and was prepared as directed, according to written cutting specifications.

9.  Sale of wood.  "Sale of wood" means a transaction involving transfer of title to wood.

10.  Standard cord.  A "standard cord" means the cubic foot measurement of 4 foot long wood, ranked and well stowed, and stacked 4 feet wide, 4 feet high and 8 feet long, or its equivalent, which stack measure contains 128 cubic feet of wood, bark and air space. A "standard cord" when used in connection with sawdust chips, bark or shavings means the volume contained in 128 cubic feet at the time of sale.

10-A.  Trip ticket.  "Trip ticket" means the form used to identify the origin and destination of a truckload of wood.

11.  Wood.  "Wood" means the severed but unprocessed fibrous derivative of trees, without regard for quality or grade and also means the chipped fibrous derivative of trees.

12.  Wood transactions.  "Wood transactions" means the "sale of wood" or "payment for services" as those terms are defined in this section.