Pennsylvania Act 1927-412 — FOREST TREE SEEDLINGS GROWTH AND SALE REGULATED

Act text

FOREST TREE SEEDLINGS GROWTH AND SALE REGULATED
                  Act of May 5, 1927, P.L. 817, No. 412               Cl. 32
                                  AN ACT

     Authorizing and regulating the growth, sale, and distribution of
        forest tree seedlings, transplants, shrubs and vines by the
        Department of Forests and Waters; regulating the use of such
        forest tree seedlings, transplants, shrubs and vines and
        imposing duties upon the Department of Agriculture with
        regard to the enforcement of this act.
        (Title amended June 21, 1947, P.L.777, No.333)

        Compiler's Note:  Section 302(h) of Act 18 of 1995, which
            created the Department of Conservation and Natural
            Resources and renamed the Department of Environmental
            Resources as the Department of Environmental Protection,
            provided that the Department of Conservation and Natural
            Resources shall exercise the powers and duties conferred
            upon the Department of Forests and Waters and the
            Department of Environmental Resources by Act 412 of 1927.
        Section 1.  Be it enacted, &c., That the Department of
     Forests and Waters is hereby authorized to grow forest tree
     seedlings, transplants, shrubs and vines and to sell the same,
     at a sum not to exceed the average cost of production and
     shipping, to persons, partnerships, and corporations desiring to
     plant them. The moneys collected by the department, from the
     sale and shipping of trees, shrubs and vines under this act,
     shall be paid into the State Treasury.
        (1 amended June 21, 1947, P.L.777, No.333)
        Section 2.  Before the department shall sell any trees or
     shrubs or vines to any person, partnership, or corporation, it
     shall require such person, partnership, or corporation to enter
     into an agreement or contract with the department, in which such
     person, partnership, or corporation shall agree: (a) That all
     forest tree seedlings and transplants so purchased shall be
     planted in Pennsylvania for watershed protection or for wood
     products; or that all shrubs or vines so purchased shall be
     planted in Pennsylvania for soil erosion control, reclamation of
     areas affected by open pit mining, and for wildlife food and
     cover; (b) That the trees, shrubs or vines with roots attached
     will not be sold by the purchaser for removal from the land; (c)
     That a report on the planting will be furnished by the planter
     when requested by the department; (d) That the planted area will
     be protected as far as possible from fire, grazing, and
     trespassing; (e) That if such trees, shrubs or vines are sold or
     offered for sale for ornamental purposes, the person,
     partnership, or corporation shall become liable to the
     Commonwealth for the payment of a penalty equal to three times
     the sale value of the trees, shrubs or vines sold; and (f) Such
     other conditions and stipulations as the Department of Forests
     and Waters may require.
        (2 amended June 21, 1947, P.L.777, No.333)
        Section 3.  No trees, shrubs or vines shall be sold by the
     department, under the provisions of this act, that are to be
     planted for hedges, table trees, potted trees, or for shade or
     ornamental use.
        (3 amended June 21, 1947, P.L.777, No.333)
        Section 4.  Nothing contained in this act shall be construed
     to prohibit the Department of Environmental Resources from
     selling or from growing seedlings or transplants to be planted
     for shade or ornamental purposes on State or Federal lands,
     public school grounds, or along the State highways or from
     trading or exchanging surplus tree seed, tree seedlings,
     scionwood and grafted tree stock with the United States Forest
     Service, forestry agencies of other states, forestry departments
     of universities and colleges and not-for-profit forestry
     research organizations upon terms and conditions deemed most
     favorable to State forest interests.
        (4 amended Dec. 17, 1982, P.L.1396, No.320)
        Section 5.  It shall be unlawful for the Department of
     Agriculture to grant a permit certificate of inspection under
     section six, of the act, approved the twenty-first day of April,
     one thousand nine hundred thirty-seven (Pamphlet Laws 318),
     known as "The Pennsylvania Plant Pest Act of 1937," and its
     amendments, to landowners who are about to sell or remove
     unlawfully trees originally supplied from the State nurseries
     for future timber, or shrubs and vines originally supplied for
     soil erosion control, reclamation of areas affected by open pit
     mining, or for wildlife food and cover.
        (5 amended June 21, 1947, P.L.777, No.333)