Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 001 - AGRICULTURE - GENERAL › Chapter 380 - WOOD MEASUREMENT RULES - GENERAL PROVISIONS › Section 001-380-7 - DEFINITIONS

Current through 2024-29, July 17, 2024
Unless the context clearly indicates otherwise, the following
				  terms shall have the following meanings.
A.
Agent
. "Agent" means a person
				that acts or is empowered to act for another person.
B.
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 in or incidental to
				harvesting, hauling, or chipping wood or an authorized employee representative
				negotiating on behalf of the individual providing services. The term "party"
				also includes a landowner, a broker, or a person of any other designation who
				enters into an agreement involving wood measurement. The term "agreement of the
				parties" includes the term "agree" in any of its grammatical forms.
C.
Apprentice scaler
.
				"Apprentice scaler" means a person licensed to measure wood under the direct
				supervision of a licensed wood scaler.
D.
Authorized system of
				measurement
. "Authorized system of measurement" means a system of
				measurement of wood provided for in the Wood Measurement Law or in these Wood
				Measurement Rules, applied to a particular production form as set forth in
				Chapter 382.
E.
Bucking
. "Bucking" means sawing stems into specified lengths, as
				into logs or bolts of a specified length.
F.
Butt back
. "Butt back" means
				to remove a portion of a stem from its butt end.
G.
Butt diameter
. "Butt
				diameter" means the diameter of the severed stem butt, measured outside the
				bark, the short way through the center, disregarding crevices and
				cracks.
H.
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.
I.
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.
J.
Buyer
.
				"Buyer" means a person who purchases wood and to whom title to wood is
				transferred in exchange for payment.
K.
Chipcord
. "Chipcord" means a
				unit of measure equal to the Volume of sawdust, chips, bark, or shavings that
				are contained in 128 cubic feet at the time of the transaction. Chipcord is
				used synonymously with "standard cord of chips."
L.
Complainant
. "Complainant"
				means a person who is aggrieved by an alleged violation of the Wood Measurement
				Law or these Wood Measurement Rules and who files a complaint with the State
				Sealer or who gives notice to the person with possession or control of the wood
				to which the alleged violation relates that a complaint will be filed. A
				complainant may be an authorized employee representative who files a complaint
				on behalf of such a person.
M.
Culled Wood
1. In payment for
				services in harvesting, "culled wood" means any stem that was not designated to
				be harvested and yarded, or was not prepared as directed in the cutting
				specifications.
2. In payment for
				services in hauling, "culled wood" means any stem that was designated, in the
				manner described in the hauling specifications, as not to be hauled.
3. in the sale of wood, "culled wood" means
				any stem that does not conform to the wood quality specifications.