This proposed regulation would not apply to timber sales where the seller and buyer have signed a written contract stipulating the method of payment.

You would be surprised how many people in this state sell their timber verbally with no written contract. This regulation is designed for these type situations. It would require that the seller receive his/her money within 60 days of the timber buyer receiving their money.

ALABAMA FORESTRY COMMISSION

RULE 390-X-10-.01

390-X-10-.01 FAILURE TO REMIT PAYMENT TO OWNER AFTER PURCHASE OF FOREST PRODUCTS

(1) It shall be unlawful for any person, firm, or corporation:

(a) Who acquires, with the consent of an owner, any forest product from that owner and who receives payment for the forest product to fail to make payment to the owner within a total of 60 (sixty) days of such receipt.
(b) Any person, firm, or corporation violating the provisions of this regulation shall
be guilty of a misdemeanor and shall be punished as provided by law.

(2) If the owner has not received payment within thirty days of the conclusion of the harvesting operation, the owner shall notify the purchaser of his demand for payment at the purchaser’s last known address by certified mail or by personal delivery of the written notice to the purchaser. The purchaser’s failure to make payment in full within 30 (thirty) days after the mailing or personal delivery shall be presumptive evidence of the offender’s intent to violate this regulation.

(3) A written agreement signed by the owner providing for a means of payment contrary to this regulation shall constitute an affirmative defense.

(4) As used in this regulation:

(a) “Forest Products” include, but are not limited to, timber, trees, logs, lumber, or pine straw or any other products in the forest, whether merchantable or nonmerchantable, chips and woody biomass and which are located on any land in this State, whether publicly or privately owned.

(b) “Owner” means any person, partnership, corporation, unincorporated association, or other legal entity having any interest in any forest product, or the land upon which a forest product is growing, or any land from which a forest product has been removed.

Author: Charles T. Conway
Statutory authority: Code of Ala. 1975, 9-3-9.
History: