RS 3:4278.4     

§4278.4. Harvest or sale of forest products; failure to remit payment to owner; penalty

            A. As used in this Section, the following terms shall have the following meanings:

            (1) "Forest product" means any tree, shrub, plant, or related vegetation, or any part thereof.

            (2) "Harvester" means a person, firm, company, corporation, or other legal entity that harvests forest products.

            (3) "Landowner" means any person, partnership, corporation, unincorporated association, or other legal entity having any interest in any forest product, any land upon which a forest product is growing, or any land from which a forest product has been removed.

            B.(1) A harvester, contractually or at the behest of the landowner for purpose of sale, who receives payment for a forest product shall remit payment in full to the landowner within thirty days of receipt of payment for the sale of the forest product.

            (2) If the landowner has not received payment within the required thirty days, the landowner shall notify the harvester of the demand for payment at the harvester's last known address by certified mail or by personal delivery of the written notice to the harvester. If the harvester fails to remit payment in full within ten days after receipt or personal delivery, it shall be presumptive evidence of his intent to violate this Section.

            C. A written agreement signed by the harvester providing for a means of payment contrary to this Section shall constitute an affirmative defense.

            D. Whoever violates this Section when the value of the forest product is five hundred dollars or less shall be fined not more than one thousand dollars, or imprisoned for not more than one year, or both. When the value of the forest product is more than five hundred dollars, the violator shall be fined not more than five thousand dollars, or imprisoned with or without hard labor for not more than ten years, or both.

            Acts 2019, No. 218, §1.