150-321-0550 Measuring Harvested Timber (1) Definitions for purposes of this rule: (a) “Check Scaling” is the procedure for verifying that an entity’s scaling practices comply with the Official Log Scaling Rules. (b) “Grading” means determining the quality of logs, considering such factors as gross diameter, length of log, surface characteristics, annual ring count, slope of grain and other factors as reflected in the Official Log Scaling Rules. (c) “Harvest Unit” is a contiguous geographical area from which timber is harvested that has the following characteristics: (A) The unit is entirely within one county; (B) The unit is not larger than 320 acres; (C) The unit is under one ownership; (D) The unit is limited to harvest by one method (e.g., clearcut, thinning); and (E) Operations within a harvest unit may not be farther than one mile apart. (F) The department may grant exceptions to these criteria upon written request. (d) “Measuring” means the determination of the quantity and quality of logs. Measuring must happen at the time of transfer of ownership of the logs and is the responsibility of the timber owner. (e) “Official Log Scaling Rules” are those rules developed by the Northwest Log Rules Advisory Group as reflected in the most current edition of Official Rules for the following Log Scaling and Grading Bureaus: Columbia River, Northern California, Pacific Rim, Southern Oregon, Yamhill. (f) “Sample Scaling” means to measure a portion of a weighed log inventory and apply the statistical information of the selection to the entire inventory. (g) “Scaling” means the measurement of the gross and net volume of logs as determined by using the Official Log Scaling Rules. (2) Measurement of scaled logs must: (a) Be done using the Official Log Scaling Rules and must be determined by one of the following persons: (A) Scalers of third party scaling organizations that: (i) Assure its scalers produce consistent scaling results; (ii) Assure its scalers will exercise independent judgment; (iii) Have a training and certification program for its scalers; (iv) Check scale a minimum of eight loads every two months for each employee scaling and grading logs subject to timber taxes under ORS 321.005–185, 321.700–754, and 321.805–855 within a 5 percent tolerance of the log volumes; and (v) Make check-scale records available to the department upon request. (B) Scalers employed by companies who are check scaled by a third-party scaling organization, or company check scalers employed by a company that: (i) Meets all the requirements listed in paragraph (2)(a)(A) of this rule; and (ii) Provides a rescale and training in the event of an unsatisfactory check scale; (iii) Provides total volume by grade and species by harvest unit for the period between an unsatisfactory check scale and the next satisfactory check scale at the request of the department; and (iv) Allows the department to independently check scale. (C) Scalers employed by companies with less than four scalers who each scale less than 50 thousand board feet per week if approved by the department. The company must: (i) Make a written request to the department which includes: (I) Name, duties and experience of the scaler; (II) Type of logs scaled; (III) Scaling instructions; (IV) A description of the scaling location; (V) An explanation of how the scaling information is secured to prevent loss or tampering of information; and (VI) Provisions for check scaling. (ii) If requested by the department, provide training specific to the type of logs delivered to the scaling point. (D) Check scalers who meet the following qualifications: (i) Be a qualified scaler with five plus years experience scaling logs; (ii) Participate in an effective training and certification program that is recognized by one of the bureaus that is a member of the Northwest Log Rules Advisory Group; (iii) Demonstrate proficiency with the Official Log Scaling Rules; and (iv) Makes record of qualifications, training and certification available upon request. (b) Be recorded on original scaling and grading load tickets that contain the following information: (A) Name of log seller (taxpayer); (B) Date of measurement; (C) Name of log purchaser; (D) Log brand; (E) Log species; (F) Log Grade; (G) Number of logs; (H) Gross log measurements, deductions and net volume; and (I) Trip ticket number. (3) Measurement of weighed logs must: (a) Be done by an employee of a delivery facility who has been instructed on the proper use of the equipment listed in subsection (3)(b) of this rule. (b) Use weigh instruments or devices that are tested, certified or licensed by the Oregon State Department of Agriculture under ORS 618.020, 618.016, 618.121 and 618.151. (c) Be recorded on original load tickets which contain the following information: (A) Name of log seller (taxpayer); (B) Name of log purchaser; (C) State Forestry (harvest) permit number; (D) Trip ticket (or woods trip receipt number); (E) Date of measurement; (F) Location of measurement; (G) Scaling organization or company doing the weighing; (H) Weight ticket number; (I) Gross, tare and net weights. (4) A taxpayer may use “sample scaling” to determine the volume and grade of logs harvested. (a) Sample scaling must be done on a harvest unit basis and the following criteria must be met: (A) Must meet the criteria of section (2) of this rule; (B) The number of loads scaled (the sample intensity) must ensure that 95 percent of the time the average volume of a scaled load falls within 5 percent of the average volume of all sampled loads for the harvest unit. (C) Samples must be selected through a random, unbiased method. (D) Samples must be taken over the entire period of harvest. (E) Once a load has been selected for the sample, it cannot be removed. (b) Sampling methodology that does not meet the criteria of subsection (4)(a) of this rule may be used if submitted in writing and approved by the department prior to use. Statutory/Other Authority: ORS 305.100 Statutes/Other Implemented: ORS 321.609 History: Renumbered from 150-321.609(1)-(A), REV 70-2016, f. 8-15-16, cert. ef. 9-1-16 REV 2-2005, f. 6-27-05, cert. ef 6-30-05