302 KAR 45:010. Ginseng, general provisions.

      RELATES TO: KRS 246.650, 246.660, 246.990(9), 50 C.F.R. Part 23.51

      STATUTORY AUTHORITY: KRS 246.660

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 246.660 requires the Department of Agriculture to promulgate administrative regulations relating to the administration of a program for Wild American Ginseng. This administrative regulation establishes general provisions which apply in this chapter with regard to definitions, harvest season, and cooperative agreements.

      Section 1. Definitions. (1) "Ginseng dealer" means a person engaged in the business of buying ginseng roots from ginseng collectors, ginseng cultivators, and other ginseng dealers for resale to ginseng exporters or to other ginseng dealers or any person who sells ginseng in a form in interstate commerce.

      (2) "Commissioner" is defined at KRS 246.010(2).

      (3) "Department" is defined at KRS 246.010(2).

      (4) "State" means the Commonwealth of Kentucky.

      Section 2. Registration. (1) A person shall complete a "Kentucky Ginseng Dealer Application" and return it to the Department prior to June 30 of each year.

      (2) An applicant for renewal of a certificate of registration shall meet the department’s recordkeeping and reporting requirements.

      (3) Certificates of registration shall be issued for a period of one (1) year and shall expire on April 30 of each year.

      Section 3. Recordkeeping. (1)(a) Purchase and sale of ginseng. Ginseng dealers shall keep records on forms furnished by the department of purchases and sales of ginseng. The records shall include:

      1. Month purchased;

      2. Month dug;

      3. County where dug;

      4. Weight of purchase; and

      5. Signature and address of digger or seller.

      (b) Records of sales between dealers. Ginseng dealers shall keep records of purchases from other dealers. Records of sales between dealers shall include:

      1. The month of purchase from a dealer;

      2. The weight of the ginseng purchase; and

      3. The signature and registration number of the dealer from whom the purchase is made.

      (c) All purchase records shall be submitted to the department on a monthly basis.

      (d) No ginseng shall be certified until the purchase records are recorded by the department.

      (2) Retention. A person required to maintain records under this section shall retain the records for a period of three (3) years.

      (3) Availability. Records required under this section shall be made available to the department upon request.

      Section 4. Annual Report. A ginseng dealer shall file an annual report with the department by April 30th. The annual report shall include the listing of each purchase and sale of ginseng made by the dealer since July 1 the previous year.

      Section 5. Reporting Ginseng Originating Outside of Kentucky. A ginseng dealer shall file a report with the department at least every calendar-year quarter if the dealer has any commerce in ginseng originating from any state other than Kentucky. The report shall be sent within fifteen (15) days of the end of any calendar-year quarter and shall list each purchase and sale of out-of-state ginseng made by the dealer during that quarter.

      Section 6. Harvest Season. Beginning September 1, 1988 and each year thereafter, wild ginseng shall only be dug between August 15 and December 1of each year. Seeds adhering to a plant taken during the season shall be planted within fifty (50) feet of the location of the plant with no tool used other than the finger. Ginseng growers will not longer be able to harvest the ginseng until it is five (5) years old or has three (3) prongs.

      Section 7. Certification for Sale. Sales of ginseng by dealers shall be certified for sale during the ginseng selling season beginning September 1of each year and extending until March 31of the following year.

      Section 8. Unsold Ginseng. Ginseng unsold by March 31of the year after harvest shall be weighed by the department and the dealer given a weight receipt. A future export certification of this stock shall only be issued against the weight receipt.

      Section 9. Exportation of Ginseng. (1) Ginseng dealers holding a certificate of registration shall obtain a certificate of legal taking issued by the department after inspection by an official of the department identifying the origin, year of taking, and weight of a shipment of ginseng to a destination outside the Commonwealth of Kentucky. The certificate shall also state whether the ginseng is Wild American Ginseng or whether the ginseng has been cultivated or propagated by a grower. Certification shall be issued to the dealer on triplicate forms issued by the department. A copy of certification shall be enclosed with the shipment subject of the certification. A copy of a certificate shall be retained for a minimum of three (3) years by the licensed ginseng dealer and a copy of the certificate shall be retained by the certifying agent of the department.

      (2) At the time of issuance of the certificate, the department official shall receive from the ginseng dealer copies of all purchase records covering the amount of ginseng certified. Records of ginseng purchased from other dealers shall be recorded with the department prior to a certificate being issued.

      Section 10. Ginseng dug outside the borders of Kentucky and not certified in its state of origin shall not be allowed to enter Kentucky.

      Section 11. (1) Protection of Species, Violation of Law. Ginseng which is obtained in contravention of laws for the protection of the species or in violation of any other law shall not be purchased, sold, shipped, or transported within the Commonwealth of Kentucky.

      (2) The Kentucky Department of Agriculture may enforce the provisions of Section 11 of this administrative regulation herein as provided in KRS 260.030.

      Section 12. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "2000-20001 Kentucky Ginseng Dealer Application" (2000-2001 edition);

      (b) "American Ginseng Export Certificate" (December 2000);

      (c) Dealer Transaction Log - Sales (December 2000);

      (d) Ginseng Dealer Purchase Record (December 2000); and

      (e) Wild Ginseng Purchase Record (December 2000).

      (2) These materials may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, Division of Value-Added Foods, 100 Fair Oaks, Suite 252, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (9 Ky.R. 292; Am. 572; 917; eff. 1-6-83; 13 Ky.R. 1713; 14 Ky.R. 431; eff. 8-5-87; 18 Ky.R. 743; 1840; eff. 11-26-91; 27 Ky.R. 1061; 1774; eff. 1-15-2001.)