Chapter 1501:31-40 | Ohio Ginseng Management Program

Rule 1501:31-40-01 | Ginseng harvest season, reseeding, collection records.

• Effective: May 1, 2022
• Promulgated Under: 119.03

(A) It shall be unlawful to dig, harvest, cut, root up, gather, or otherwise collect wild ginseng from its natural habitat except during the season of September first through December thirty-first of each year without written authorization from the chief of the division of wildlife.

(B) It shall be unlawful to harvest wild ginseng plants that have not reached maturity, or that have unripened berries, or that have less than three-leaf stems (prongs).

(C) It shall be unlawful for any person harvesting wild ginseng to fail to immediately replant the seeds at the place where the plants were collected, provided such seeds are present.

(D) It shall be unlawful to harvest wild or cultivated ginseng from private or public property without first obtaining written permission from the landowner or his agent. A person who obtains the written permission required under this rule shall carry it with the person at all times during which the person is engaged in harvesting wild or cultivated ginseng and shall present it upon the request of a wildlife officer, natural resources officer, constable, sheriff, deputy sheriff, police officer, other law enforcement officer, or the owner of the lands on which the person is harvesting wild or cultivated ginseng, or the owner's authorized agent.

(E) It shall be unlawful for any person collecting ginseng to fail to keep accurate daily records showing the number of pounds and ounces of ginseng, both green and/or dry weight, or the number of roots, collected in each Ohio county by date of collection.

(F) It shall be unlawful to fail to record the information required in paragraph (E) of this rule before midnight on the date of harvest of ginseng.

(G) It shall be unlawful to fail to keep the records required by paragraph (E) of this rule in the same physical location where the harvested ginseng is kept, stored or transported until such time that the harvested ginseng is sold or consumed.

(H) It shall be unlawful to fail to maintain the records required by paragraph (E) of this rule for a period of two years after the ginseng is sold or consumed.

(I) The records required by this rule shall be available for inspection at all reasonable times upon the request of a wildlife officer, constable, sheriff, deputy sheriff, police officer or other law enforcement officers unless the owner or person in charge objects. If the owner or person in charge refuses to permit the inspection, upon filing an affidavit in accordance with law with a court having jurisdiction and upon receiving a warrant, an officer authorized to enforce this rule may proceed with the inspection.

(J) It shall be unlawful for any person selling wild ginseng to fail to provide the information required by paragraph (E) of this rule and rule 1501:31-40-02 of the Administrative Code to buyers or dealers with whom the collector does business.

(K) It shall be unlawful for all collectors or sellers under whose direction the root was collected to fail to sign a statement certifying that the ginseng roots being sold by him or her, have been collected or cultivated in Ohio by him or her or at his or her direction in accordance and in compliance with all state and federal laws governing such collection or cultivation.

(L) It shall be unlawful for any person to buy, or otherwise acquire, sell, transport, or possess green wild ginseng collected from property other than their own from April first through August thirty-first of each year without written authorization from the chief of the division of wildlife. Wild ginseng collected from one's own property from April first through August thirty-first of each year must be for personal use only and must not be entered into commerce, or sold, transported, or given to another person.

Last updated May 2, 2022 at 9:00 AM

Supplemental Information

Authorized By: 1531.10, 1533.88
Amplifies: 1531.10, 1533.88, 1533.87, 1533.822
Five Year Review Date: 5/1/2027
Prior Effective Dates: 8/26/1983 (Emer.)

Rule 1501:31-40-02 | Ginseng registration permit; dealer record requirements.

• Effective: June 30, 2025
• Promulgated Under: 119.03

(A) A ginseng dealer state registration permit issued pursuant to section 1533.881 of the Revised Code is nontransferable and expires on August thirty-first each calendar year.

(B) Except as otherwise provided in this rule and rule 1501:31-40-01 of the Administrative Code, no person shall buy, acquire, or possess:

(1) Uncertified dry wild or cultivated ginseng from April first through September fifteenth of each year without written authorization from the chief of the division of wildlife;

(2) Uncertified green wild or cultivated ginseng from April first through August thirty-first without written authorization from the chief of the division of wildlife;

(3) Ginseng that was harvested illegally or outside of the harvest season.

(C) Live immature cultivated ginseng plants and seeds from cultivated ginseng plants sold by commercial growers for propagation purposes within the United States are not regarded as harvested and are exempt from the certification requirement. These plants and seeds may be possessed at any time provided the person possessing such cultivated ginseng exhibits proof of purchase upon demand to any law enforcement officer having jurisdiction.

(D) Records.

(1) No person within Ohio shall acquire ginseng from any collector, buyer, dealer, or grower without:

(a) Verifying the seller's identity using their state identification card or driver's license;

(b) Making and retaining an accurate legible record in the English language of the:

(i) Seller's name, address, and state identification card number or driver's license number;

(ii) Ginseng dealer state registration permit number and export certificate number when applicable;

(iii) Number of pounds and ounces green and/or dry weight of ginseng collected or cultivated in each Ohio county, compiled separately for wild and cultivated lots;

(iv) Year of harvest;

(v) Date of the transaction.

(2) In addition, buyers and dealers are required to make and retain legible records in the English language of all ginseng sales that include the:

(a) Purchaser's name and address;

(b) Ginseng dealer state registration permit number and export certificate number when applicable;

(c) Number of pounds and ounces green and/or dry weight of ginseng collected or cultivated in each Ohio county, compiled separately for wild and cultivated lots;

(d) Year of harvest;

(e) Date of the transaction.

(E) No person shall sell ginseng without:

(1) Presenting their state identification card or driver's license to the purchaser at the time of sale so their information can be recorded;

(2) Providing true and accurate information to the purchaser to complete the records required in paragraph (D) of this rule.

(F) Dealers and buyers of ginseng shall:

(1) Display and distribute educational materials about ginseng, ginseng regulations, and the Ohio ginseng management program as provided by the chief of the division of wildlife;

(2) Keep true and accurate legible records in the English language on all ginseng sold and purchased, with the purchases of ginseng on separate sheets from sales;

(3) Submit the records required in paragraph (D) of this rule in the format and manner prescribed by the chief of the division of wildlife on a daily basis or as otherwise required;

(4) Maintain the required records and have them available to support the origin of ginseng possessed or being certified for sale and shipment.

(G) The records required by this rule as well as the accompanying ginseng shall be open to inspection by a wildlife officer and any other law enforcement officer having jurisdiction at all reasonable hours, unless the dealer or buyer objects. If the dealer or buyer refuses to permit the inspection, upon filing an affidavit in accordance with law with a court having jurisdiction and upon receiving a warrant, an officer authorized to enforce this rule may proceed with the inspection.

(H) In addition to other penalties provided by the law, the chief of the division of wildlife may refuse to issue a ginseng dealer state registration permit to any person who fails to comply with the requirements listed in rules 1501:31-40-01 and 1501:31-40-03 of the Administrative Code. A person denied a permit is entitled to a hearing pursuant to Chapter 119. of the Revised Code.

(I) In addition to other penalties provided by law, the chief of the division of wildlife may suspend the ginseng dealer registration permit issued to any person who fails to comply with the requirements listed in rules 1501:31-40-01 and 1501:31-40-03 of the Administrative Code. The opportunity for a hearing pursuant to Chapter 119. of the Revised Code will be afforded to the person prior to the decision to suspend the permit.

(J) All definitions set forth in rule 1501:31-1-02 of the Administrative Code apply to this rule.

Last updated June 30, 2025 at 8:05 AM

Supplemental Information

Authorized By: 1531.10, 1533.87, 1533.88
Amplifies: 1531.10, 1533.87, 1533.88, 1533.881, 1533.882
Five Year Review Date: 6/30/2030
Prior Effective Dates: 4/14/1988

Rule 1501:31-40-03 | Ginseng certification for exportation.

• Effective: January 1, 2022
• Promulgated Under: 119.03

(A) Dealers and buyers shall obtain certification from a state inspector of the division of wildlife certifying that any Ohio ginseng collected or grown in Ohio and being exported from the state has been legally acquired, collected, or cultivated. Only Ohio ginseng legally acquired, collected, cultivated or possessed shall be certified. Ohio ginseng acquired by any dealer not in possession of a current state dealer registration permit shall not be conveyed to another person or certified at any time.

(B) Dealers and buyers shall provide proof of state certification of legal taking to any out-of-state purchaser for Ohio ginseng collected or grown in Ohio which is then sold out-of-state.

(C) A fee of three dollars per pound or any fraction of a pound dry and/or green weight, payable to the "division of wildlife" shall be charged for certifying Ohio ginseng.

(D) Ginseng roots legally certified by the state of Ohio or any other state with a ginseng management program approved by the federal wildlife permit office of the U.S. fish and wildlife service, may be purchased, sold, transported, or exported within and out-of-state throughout the year only by dealers registered by the chief in accordance with paragraph (K) of this rule

(E) No person shall export ginseng collected or grown in Ohio from the state until it has first been certified by a state inspector for the division of wildlife.

(F) No person shall possess ginseng from states other than Ohio unless those states have a ginseng management program approved by the federal wildlife permit office of the U.S fish and wildlife service and the seller meets the legal requirements established by the state for selling ginseng originating there and said out-of-state ginseng is legally certified in accordance with rules established by the state's ginseng management program. Evidence of certification shall accompany the ginseng lot in successive sales within or out-of-state and be reported as to the dealer's number, the lot certification number, the weight of dry or green, wild or cultivated roots, and the date of transaction in reporting sales to the chief of the division or his agent.

(G) No person shall export ginseng collected or grown in Ohio using an out-of-state issued state certification of legal taking for which the weight in ginseng roots certified exceeds the weight of out-of-state ginseng actually purchased or otherwise acquired with that state certification of legal taking.

(H) Ginseng collected or grown in Ohio must be kept separate from out-of-state ginseng until the ginseng collected or grown in Ohio has been certified by a state inspector.

(I) Dealers, buyers or any other person shall submit for weighting all uncertified wild and/or cultivated ginseng on hand as of March thirty-first of each year. The chief of the division of wildlife or his agent shall weigh and receipt the number of pounds and ounces of uncertified ginseng on hand. Such uncertified stock is to be documented as to the source, the date harvested, the weight and date of transaction, as is required in the regular certification process. These records as well as the accompanying ginseng shall be open to inspection by any authorized agent of the division of wildlife at all reasonable hours. Future export certification will be based upon these weight receipts in a drawdown process until all documented stock has been certified. Any uncertified stock acquired from April first through August thirty-first of each year requires prior written approval of the chief of the division of wildlife.

(J) No person shall have cause to have all or any part of the same lot of ginseng to be certified by the state of Ohio or any other state more than one time without written authorization from the chief or his designated agent.

(K) No person shall convey or otherwise provide any dealer, exporter or other person an Ohio-issued state certification of legal taking for which the weight in ginseng roots state to be legally certified exceeds the weight of ginseng actually being sold or otherwise exchanged.

(L) No person shall convey or accept a state certificate of legal taking from any person without the weight in ginseng roots so specified in that document accompanying the state certification of legal taking.

(M) No person shall knowingly provide incorrect or false information on any dealer application, reports, export certification or other document required by paragraphs (A) to (C) of this rule.

Last updated January 3, 2022 at 10:07 AM

Supplemental Information

Authorized By: 1533.88
Amplifies: 1533.88
Five Year Review Date: 1/1/2027
Prior Effective Dates: 8/26/1983 (Emer.)