Vermont State Ginseng Laws
20 031 006. Vermont Regulations for the collection, Cultivation and Sale of American Ginseng
SECTION I. STATUTORY AUTHORITY
Under 6 V.S.A. § 1129, the Commissioner of Agriculture may prescribe and adopt regulations for the collection, sale, or distribution of American ginseng.
SECTION II. DEFINITIONS
1. "Collecting" means cutting, gathering, rooting, severing, injuring, destroying, removing, or carrying away any ginseng plants or parts thereof for the purpose of selling, or offering for sale.
2. "Commissioner" means the Commissioner of Agriculture, or his designee.
3. "Department" means the Vermont Department of Agriculture.
4. "Ginseng" means the roots in whole, part, or in any form, of American Ginseng (Panax quinguefolius).
5. "Cultivated ginseng" means ginseng growing in prepared beds under the shade of artificial structures, transplanted from its original location, or manipulated by horticultural practices.
6. "Green ginseng" means a ginseng root from which the moisture has not been removed by drying.
7. "Wild ginseng" means ginseng growing or living in a natural state.
8. "Ginseng dealer" means any person engaged in the business of buying ginseng roots from collectors of wild ginseng for the purpose of resale to other ginseng dealers, exporters, or to any person who sells ginseng in any form in interstate commerce.
9. "Foreign ginseng" means ginseng not originating from within the borders of the State of Vermont.
10. "Gingeng Collector's Permit" means that annual permit issued by the Commissioner which enables a person to collect wild ginseng within this state between August 20 and October 10 of a given year when done in acordance with these regulations and 6 V.S.A. § 1129.
11. "Ginseng Dealer's Permit" means that annual permit issued by the Commissioner which enables a person to act as a ginseng dealer within this state when done in accordance with these regulations and 6 V.S.A. § 1129.
SECTION III. COLLECTING WILD GINSENG
a. Wild ginseng shall only be collected yearly between August 20 and October 10.
b. The purchase or sale of green ginseng between the 20th day of October and the 19th day of August shall be prima facie evidence of a violation of this section.
c. No person shall purchase ginseng, knowing the same to have been harvested between the 11th day of October and the 19th day of August.
a. Only plants with at least three five-leaflet leaves (or three prongs or more) shall be collectd.
b. Plants with green, unripe fruit (seeds) shall not be collected.
3. Seeds. Any seed which is found on any wild ginseng at the time of collection shall be planted in the immediate locale from which the root was taken.
SECTION IV. GINSENG COLLECTORS
1. No persdons shall collect wild ginseng for the purpose of sale or distributing without first obtaining a permit to do so from the Commissioner on forms provided by the Department.
2. Collectors are responsible for obtaining permission to collect wild ginseng on property owned by persons other than themselves.
3. Any collector who enters ginseng directly into interstate commerce shall be considered a ginseng dealer under Section II.
4. Upon application of the appropriate form which contains all requested information, the Commissioner may issue a Ginseng Collector's Permit. Any such permit shall be valid only from August 20 to October 10 of the year of issue. It shall further provide that any ginseng root collected must be certified by the Commissioner before December 31, of the year of collection. The Commissioner may refuse to grant, suspend, or revoke any collector's permit for any violation of 6 V.S.A. § 1129, these regulations.
SECTION V. CERTIFICATION OF ROOTS
1. All ginseng roots intended for export from Vermont shall be certified on or before December 31 of the year of collection by the Commissioner before shipment on forms provided by the Department. Certification shall include weight of shipment. Inspection of roots to verify maturity shall be made at this time. Roots without crown or neck portion may not be certified unless age can be determined.
2. Ginseng may not be imported into Vermont without first being certified by the state of origin.
3. The Commissioner may seize any uncertified ginseng found not to be in compliance with subsectins 1 or 2 of this Section.
SECTION VI. GINSENG DEALERS
1. Permit - Any ginseng dealer who buys wild or cultivated ginseng in Vermont shall obtain a Ginseng Dealer's Permit from the Commissioner. This permit shall be valid for a period of one year.
2. Records - All ginseng dealers shall keep records, on forms furnished by the Department, of all commerce in ginseng. These records will include date of transaction, month dug, county where dug, weight of ginseng bought or sold, seller's permit number, and signature of seller. These records shall be kept for a period of three years and shall be made available to the Department upon request.
3. Annual Report - All ginseng dealers shall submit to the Department an annual report on their ginseng commerce. The report shall be made on forms furnished by the Department.
4. Certification - Ginseng dealers when dealing in Vermont ginseng shall handle only ginseng certified in accordance with Section V of these regulations.
5. Foreign ginseng - Ginseng dealers purchasing ginseng from outside of Vermont shall be responsible for documenting compliance with Section V.2. Information on improprieties should be reported to the Department of Agriculture within five working days.
6. Revoking of Permits - The Commissioner may refuse to grant, suspend, or revoke any Ginseng Dealer's Permit for any violation of 6 V.S.A. § 1129, these regulations.Statutory Authority: 6 V.S.A. § 1129
Effective Date: October 17, 1984 (Secretary of State Rule Log # 84-15)