I. A person is guilty of a class B felony if the loss is greater than $1,000 or otherwise guilty of a misdemeanor who in the course of buying and selling of a forest product, as defined under RSA 227-G:4, VII, recklessly:
(a) Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity as provided under RSA 438; or
(b) Sells, offers, or exposes for sale or delivers less than the represented quantity of any forest product or service; or
(c) Takes or attempts to take more than the represented quantity of any forest product or service when as buyer the person furnishes the weight or measure; or
(d) Sells, offers, or exposes for sale adulterated or mislabeled commodities; or
(e) Does not remunerate the owner of the timber for the value of the forest products pursuant to a written contract; or
(f) Does not furnish the owner, upon written request, with all scale slips to verify the amount of the forest products removed from the owner’s property.
II. In this section, "
adulterated
" means varying from a standard of composition or quality prescribed by any statute providing criminal penalties for such variance, or set by established commercial usage. In this section, "
mislabeled
" means varying from a standard of truth or disclosure in labeling prescribed by any law providing criminal penalties for such variance, or set by established commercial usage. In this section, "
scale slip
" means a written or printed form or combination of forms which provide an accurate, readily understandable record containing the species of wood product, board footage of each individual log when the standard unit of measurement is per thousand board feet, or tonnage or cordage when not sold per thousand board feet, gross scale, defect, net scale, date wood was measured, and the name of the party scaling the wood.
III. A person is guilty of a misdemeanor if, in the course of buying or selling a forest product as defined in RSA 227-G:4, VII, he or she recklessly fails to provide a written contract to the owner, prior to the cutting from the owner’s property any forest products which are subject to a notice of intent to cut as defined in RSA 79:10. The contract shall be signed by both parties, specify the remuneration for the forest products to be cut, and the time in which remuneration shall be made.
Source. 1995, 299:1. 1998, 286:4. 2003, 43:2. 2007, 88:11, eff. Aug. 10, 2007.