Welcome to the forum.
I'm not an attorney first. Second, I cannot say that the codes listed on this site are the most current.
but...
(i) Ginseng dealer means any person who barters, trades, purchases or otherwise conveys ginseng for resale or export including retailers who buy ginseng from collectors.
That is the definition when I last updated this section (and appears to be current also). I personally think that section can foster interpretation and could be slightly more clear. I say that because is bartering not a form of selling? According to the definition on their website it is...
"m. Sell or sale means to dispose of, transfer or convey ginseng or attempt to dispose of, transfer or convey ginseng by exchange of money or other valuable consideration and specifically includes barter or exchange."
Therefore, the argument could become that once a ginseng collector sells or barters ginseng to another, he in fact becomes a dealer.
The way you describe in your post is how Ohio is. I am not aware of permits in NY, but I would contact your state agency (I don't see it listed, but I would guess fish and wildlife or similar agency) and ask them what the current laws are.
Here is a link I found which might get you started in the right direction:
http://www.dec.ny.gov/animals/7130.html
