01-001 C.M.R. ch. 380
Augusta, ME 04333
WOOD MEASUREMENT RULES
Chapter 380: GENERAL PROVISIONS
Chapter 381: GENERAL REQUIREMENTS FOR WOOD TRANSACTIONS
Chapter 382: MEASUREMENT OF WOOD AND DECLARATION OF QUANTITY
Chapter 384: COMPLAINTS AND INVESTIGATIONS
Chapter 385: LICENSING OF WOOD-SCALERS
References are made to the National Forest Log Scaling Handbook. The current edition of this Handbook may be purchased for $9.55 from the:
United States Department of Agriculture
12th and Independence Ave., S.W.
P.O. Box 2417
Washington D.C. 20013
Telephone (202) 447-6101
NOTE: A French language version of these Wood Measurement Rules is available upon request.
TABLE OF CONTENTS
Page
Chapter 380: WOOD MANAGEMENT RULES - GENERAL PROVISIONS
Section 4: Violations and Penalties 4
Section 5: Severability 5
Section 6: Informal Advisory Committee 5
Section 7: Definitions 5
Chapter 381: GENERAL REQUIREMENTS FOR WOOD TRANSACTIONS
Section 4: Requirements for Written Cutting and Hauling
Section 5: General Requirements in the Sale of Wood 9
Section 6: General Requirements for a Sale of Stumpage
Section 7: Suspension of Privilege to Measure Wood Out
Chapter 382: MEASUREMENT OF WOOD AND DECLARATION OF QUANTITY
Section 3: Mixed Loads in Payment for Services in Harvesting 3
Section 4: Multiple Production Forms in Payment for Services In Harvesting 3
Section 5: Wood Production Form and Corresponding Authorized Systems of Measurement 4
Section 6: Systems of Wood Measurement 7
Chapter 383: MEASUREMENT AND PROMPT FURNISHING OF MEASUREMENT TALLY SHEETS
Section 2: Contents of Measurement Tally Sheets in Payment for Services
and Sale Transactions 3
Section 3: Off-Site Measurement: Preliminary Record Required where Payment
is Made or Services Harvesting Wood 8
Section 4: Measurement Tally Sheets where Privilege to Measure Wood Out of State
Has Been Suspended 9
Chapter 384: COMPLAINTS AND INVESTIGATIONS
Section 4: Additional Procedures Relating to Disputed Wood Complaints 4
Section 5: Impoundment of Wood 6
Section 6: Notification to Respondents 7
Section 7: Investigation of Disputed Wood Complaints 8
Section 8: Investigation of General Complaints 9
Section 9: Check Measurement 9
Section 10: Investigations and Check Measurement on the State Sealer's Initiative 12
Section 11: Preliminary Findings and opportunity for Written Response 13
Section 12: State Sealer's Determination and Written Findings 14
Section 13: Informal Resolution of Dispute 17
Section 14: Additional Consequences of Failure to Furnish Proper Measurement Tally Sheets
or Failure to Obey an Impoundment Order or a Notice to Hold Wood 17
Chapter 385: LICENSING OF WOOD SCALERS
Section 4: Apprentice Wood Scaler License 5
Section 5: Authorization for a Temporary Substitute to Scale when Licensed
Wood Scaler Unavailable 7
Section 6: Investigations to Ensure Compliance with Licensing Requirements 9
APPENDICES: Copies of the appendices are not part of the machine readable version of these files. They may be obtained by contacting the Department of Agriculture, Conservation and Forestry.
Maine (Or Holland) Log Rule A-6
International 1/4 inch Log Rule A-7
Butt Diameter Measurement - Check Scale Procedures A-8
Chapter 82: "Cubic Foot Measurement", Code 82.3
Scaling Handbook, 1973 edition A-14
Chapter 70: “Use of International Log Rules”, Code 72
Forest Log Scaling Handbook, 1973 edition A-15
Chapter 30: “Log Defect Deductions”, Code 33
Forest Log Scaling Handbook, 1973 edition A-16
Sample Wood Measurement Complaint A-19
Chapter 380: WOOD MEASUREMENT RULES - GENERAL PROVISIONS
SUMMARY: This chapter of the Wood Measurement Rules covers the intent, applicability, and severability of the rules; sets out statutory provisions dealing with penalties for violations; provides for an informal advisory committee; and provides definitions of terms used in the rules.
SECTION 4: VIOLATIONS AND PENALTIES 4
SECTION 5: SEVERABILITY 5
SECTION 6: INFORMAL ADVISORY COMMITTEE 5
SECTION 7: DEFINITIONS 5
SECTION 1. STATEMENT OF INTENT
SECTION 2. APPLICABILITY
NOTE: Woodcutters, truckers, and loader operators who are paid piece rate wages and equipment rental are all examples of persons providing services. Jobbers or logging service contractors who are paid to harvest wood and deliver it roadside or to a designated mill or other location are also persons providing services, and are not sellers.
NOTE: For example, a landowner, contractor, or broker who has marketable title to wood in any form is a seller when the wood is tendered for sale in exchange for payment. A processing mill that purchases wood in any production form is a buyer when payment is tendered in exchange for title to wood.
NOTE: See Chapter 381, Section 6 for the requirements where the purchase of stumpage is combined with payment for services in one transaction.
SECTION 3. TERRITORIAL APPLICATION
NOTE: The conditions under which this privilege may be suspended are provided in the Wood Measurement Law, 10 M.R.S.A. §2364-A(3) and in Chapter 381, section 7 of these Rules.
SECTION 4. VIOLATIONS AND PENALTIES
§2368. Violations; penalties
License; denial; revocation; suspension. The State Sealer may take enforcement action against the licensee or may initiate proceedings in the Administrative Court, pursuant to Title 5, Chapter 375, to revoke or suspend a license for any of the following reasons:
SECTION 5. SEVERABILITY
If any provision of these Wood Measurement Rules is invalid, or if the application of any provision of the rules to any person or circumstance is invalid, the invalidity shall not affect other provisions or applications which can be given effect without the invalid provision or application.
The State Sealer may appoint and maintain an informal advisory committee composed of persons representing a cross section of interests governed by these Wood Measurement Rules, such as independent and service contractors, woods workers, land managers, land owners, and owners and operators of mills of various types, as well as representatives of interested government agencies.
Unless the context clearly indicates otherwise, the following terms shall have the following meanings.
A-1. Measurement tally sheet. "Measurement tally sheet" means a written or printed form or combination of forms which provides a readily understandable record of the measurement of the wood to which it relates contains the information required by Chapter 383 of these Wood Measurement Rules, and is prepared by the person who measures the wood, or the assisting tally person.
B-1. National Forest Log Scaling Handbook. "National Forest Log Scaling Handbook" means the log scaling handbook published by the United States Department of Agriculture, as amended in 1973.
NOTE: A copy of the "National Forest Log Scaling Handbook may be obtained from the United States Department of Agriculture, at the address provided on the cover page to these Rules.
C-1. Net scale. "Net scale" means the quantity of wood after reducing the gross scale measurements by the deductions taken for scaling defects or other merchantability factors, as provided for in Chapter 382, section 6 under the heading Net Scale - Discounting for those measurement systems in which such deductions are allowed.
D-1. 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.
E-1. 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.
F-1. Person. "Person" means an individual or an organization, including but not limited to, a partnership, a corporation, a company, a society, a governmental agency, and an association, or an agent of a person.
G-1. Person providing services. "Person providing services" means a person who performs services in or incidental to harvesting, hauling, or chipping wood.
H-1. Person requiring services. "Person requiring services" means a person who calls for or requests services in or incidental to harvesting, hauling, or chipping wood.
I-1. Piece. "Piece" of wood means a portion of a harvested tree stem.
J-1. Production form. "Production form" means the form in which harvested wood is tendered for measurement.
K-1. 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.
L-1. "Quality factor". See "Merchantability factor".
M-1. Quantity factor. "Quantity factor" means a factor for which reductions are made in the process of determining full measure, or "gross scale", and is distinguished from a merchantability, or quality, factor. A reduction is made for a quantity factor where necessary to determine the accurate full measurement of the wood. Under no circumstances shall scaling defects, grading considerations, or any other quality or merchantability factor be treated as a quantity factor. The measurement procedures set forth in Chapter 382, Section 6 incorporate the necessary measurement adjustments to account for the relevant quantity factors.
NOTE: An example of a quantity reduction is in stick cord scale, where a reduction in the measurements is made for loose piling which results in excessive voids.
N-1. Sale of wood. "Sale of wood" means a transaction involving transfer of title to wood.
N-2. Sample scaling. "Sample scaling" means the method of measurement as set forth in Chapter 382, Section 6 of these Wood Measurement Rules, where wood is count or weight scaled and a representative sample of the wood is then measured using other authorized systems of measurement. The final scale is the measurement of the sample expanded by the total count or weight of the wood being sample scaled.
O-1. Sawlog. "Sawlog" means a log length stem that is 8 feet long or longer, where the lengths over 8 feet correspond to standard lumber lengths.
P-1. Scaler. "Scaler" means a person who measures wood by any system of measurement.
Q-1. Scaling defect. "Scaling defect" means an unwanted quality characteristic of a harvested tree, such as rot, abnormal shapes, holes, and, where provided for in Chapter 382, section 6, may include bark. See "merchantability factor".
R-1. Seller. "Seller" means a person from whom wood is purchased and who transfers title to wood in exchange for payment.
S-1. Services in harvesting wood. "Services in harvesting wood" means any activity or process in or incidental to the harvesting of wood, such as felling, limbing, topping, skidding, chipping, forwarding, sorting, piling, bucking, or bunching. Services in harvesting wood are distinguished from services in hauling wood.
T-1. Services in hauling wood. "Services in hauling wood" means the transportation of wood by truck, railroad, or any other means, but does not include the yarding of wood for short distances incidental to harvesting. Services in hauling wood also includes the loading and handling of wood incidental to hauling. Services in hauling wood are distinguished from services in harvesting wood.
U-1. 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.
V-1. State Sealer. "State Sealer" means the State Sealer of Weights and Measures or his designated agent.
W-1. Stem. "Stem" means the felled or fallen bole of a tree and may, in the case of unlimbed wood, include the limbs of the tree. "Stem" may refer to the entire stem or to segments of the stem.
X-1. Stem unit. "Stem unit" means a unit of measure equal to 100 lineal inches. "Stem unit" is the standard unit of measure where the cumulative sum method of butt measure scaling is used.
Y-1. Squared-defect method. "Squared-defect method" is a method of deduction from gross scale which is often used for measuring interior scaling defects in sawlogs. Using this method, defects showing in one or both ends are treated as sawn out in squares or rectangles.
Z-1. Transfer of title. "Transfer of title" means the complete transfer of ownership rights in the wood exchanged in a sale transaction.
A-2. Trim allowance. "Trim allowance" means the length in excess of standard lumber length intervals that may be specified where log scale is used.
B-2. 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.
C-2. Wood Measurement Rules. "Wood Measurement Rules" means Chapters 380 through 385 of these rules.
D-2. Wood quality specifications. "Wood quality specifications" means the written description of the wood that will be purchased or sold in a sale. The description may be by species, dimensions, production form, quality or grading standards, or other merchantability factors. The specifications must include any and all merchantability factors for which deductions will be made, or which determine the grade classification.
E-2. Wood transactions. "Wood transactions" means the “sale of wood" or "payment for services" as those terms are defined in this section.
F-2. Yarding. "Yarding" means the removal of a severed or fallen stem from the growing site by skidding or otherwise.
STATUTORY AUTHORITY: 10 M.R.S.A. §2361-A et seq.
EFFECTIVE DATE:
April 30, 1985
September 6, 1988 - Section 7
EFFECTIVE DATE (ELECTRONIC CONVERSION):
May 4, 1996
CONVERTED TO MS WORD:
May 21, 2008
CORRECTIONS:
February, 2014 – agency names, formatting
WORD VERSION CONVERSION AND ACCESSIBILITY CHECK: July 10, 2025