California Code, Penal Code - PEN § 384b

For the purposes of Sections 384c through 384f , inclusive, unless the context otherwise requires, the definitions contained in this section govern the construction of those sections.

(a) “Personincludes an employee with wages as his or her sole compensation.

(b) “Permit” means a permit as required by Section 384a .

(c) “Tree” means any evergreen tree or top thereof which is harvested without having the limbs and foliage removed.

(d) “Shrub” means any toyon or Christmas red-berry shrub or any of the following native desert plants:  all species of the family Cactaceae (cactus family);  and Agave deserti (desert agave), Agave utahensis (Utah agave), Nolina bigelovii, Nolina parryi (Parry nolina), Nolina wolfii, Yucca baccata, Yucca brevifolia (Joshua tree), Yucca schidigera (Mohave yucca), Yucca whipplei (Whipple yucca), Cercidium floridum (blue palo verde), Cercidium microphyllum (little leaf palo verde), Dalea spinosa (smoke tree), Olneya tesota (ironwood tree), and Fouquieria splendens (ocotillo), or any part thereof, except the fruit thereof, which is harvested without having the limbs and foliage removed.

(e) “Bough” means any limb or foliage removed from an evergreen tree.

(f) “Peace officer” means any county or state fire warden, personnel of the Department of Forestry and Fire Protection as designated by the Director of Forestry and Fire Protection, personnel of the United States Forest Service as designated by the Regional Forester, Region 5 of the United States Forest Service, personnel of the United States Department of the Interior as designated by them, or any peace officer of the State of California.

(g) “Harvest” means to remove or cut and remove from the place where grown.

(h) “Harvester” means a person who harvests a tree, shrub, or bough.


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