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Ohio Laws and Rules
Chapter 1501:31-40 Ohio Ginseng Management Program
(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 collectingginseng 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) It shall be unlawful to fail to make all records required under paragraph (E) of this rule available for inspection at all reasonable times upon the request of a wildlife officer, constable, sheriff, deputy sheriff, police officer, or other law enforcement officer.
(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.
Effective:
1/1/2019
Five Year Review (FYR) Dates:
8/13/2018 and
01/01/2023
Promulgated
Under: 119.03
Statutory
Authority: 1533.88,
1531.10
Rule
Amplifies: 1533.88,
1533.87,
1533.822
Prior Effective Dates: 08/26/1983 (Emer.), 11/28/1983,
04/14/1988, 01/10/2000, 06/04/2003,
01/01/2008
(A) Dealers and buyers shall acquire a state dealer's registration permit each year prior to purchasing or otherwise acquiring Ohio ginseng legally harvested in that year. The dealer state registration permit is nontransferable and shall expire annually on August thirty-first of each calendar year.
(B) No person shall buy or otherwise acquire or possess Ohio dry uncertified wild or dry uncertified cultivated ginseng from April first through September fifteenth of each year, or green uncertified wild or green uncertified cultivated ginseng from April first through August thirty-first without written authorization from the chief of the division of wildlife. Live immature cultivated ginseng plants and seeds from cultivated ginseng plants sold by commercial growers for propagation purposed within the United States are no regarded as harvested and are exempt from the certification requirement and may be possessed at any time provided any person possessing such cultivated ginseng supplies proof of purchase, upon demand, to any law enforcement office having jurisdiction.
(C) No person within Ohio shall acquire ginseng from any collector, buyer, dealer, or grower without making and retaining an accurate legible record of the seller's name and address; dealer's state registration permit number and ginseng lot state certification of legal taking number when applicable; 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; year of harvest; and the date of the transaction. These records as well as the accompanying ginseng shall be open to inspection to any authorized employee of the division of wildlife and/or any law enforcement officer having jurisdiction at all reasonable hours.
(D) No person shall sell ginseng without providing to the purchaser an accurate record of his name and address; dealer's state registration permit number and ginseng lot state certification of legal taking number when applicable; number of pounds and ounces green and/or dry weight of ginseng collected or cultivated in each Ohio county, and compiled separately for wild and cultivated lots; and year of harvest.
(E) Dealers and buyers of ginseng shall 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.
(F) Dealers and buyers shall keep accurate legible records on all ginseng sold and purchased. These records shall be submitted to the chief of the division or his agent on a monthly or quarterly basis or as otherwise required; shall include purchases of ginseng to be sold on separate sheets from actual sales; and shall include:
(1) The purchaser's and/or seller's name and address;
(2) The other dealer's permit number and lot certification when applicable;
(3) The number of pounds and ounces dry and/or green weight of ginseng collected or cultivated in an Ohio county, compiled separately for wild and cultivated lots;
(4) The year of harvest; and
(5) The date of the transaction of all Ohio ginseng sold. These records as well as the accompanying ginseng shall be open to inspection by any authorized employee of the division of wildlife and/or any law enforcement officer having jurisdiction at all reasonable hours and must be available to support the origin of ginseng being certified for sale and shipment.
(G) In addition to other penalties provided by the law, the chief of the division of wildlife may refuse to issue a 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.
(H) In addition to other penalties provided by law, the chief of the division of wildlife may suspend the 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 shall be afforded to the person prior to the decision to suspend the permit.
Replaces: 1501:31-40-11, 1501:31-40-07, 1501:31-40-08, 1501:31-40-09, 1501:31-40-10, 1501:31-40-14, 1501:31-40-18, 1501:31-40-19
Five Year Review (FYR) Dates:
07/19/2016 and
07/19/2021
Promulgated
Under:
119.03
Statutory Authority:
1533.88
Rule
Amplifies:
1533.88
Prior
Effective Dates: 08/26/1983 (Emer.), 11/28/1983, 04/14/1988, 01/10/2000,
03/01/2004, 01/01/2008
(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, provided that Ohio ginseng taken out of the state prior to being certified must be returned by the dealer or buyer to Ohio for certification within fourteen calendar days of it's receipt by the dealer or buyer. 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. Provided that ginseng taken out of the state prior to being certified must be returned by the dealer or buyer to Ohio for certification within fourteen calendar days of its receipt by the dealer or buyer.
(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 or is returned to the state of origin within fourteen calendar days for certification. 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.
Effective:
1/1/2017
Five Year Review (FYR) Dates:
08/22/2016 and
01/01/2022
Promulgated
Under:
119.03
Statutory Authority:
1533.88
Rule
Amplifies:
1533.88
Prior
Effective Dates: 08/26/1983 (Emer.), 11/18/1983, 09/26/1991, 08/17/1996,
01/01/2008
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(A) Public notice for the hearing required by division (C) of section 119.03 of the Revised Code to be conducted by the division of wildlife shall be advertised in the register of Ohio at least thirty days prior to the hearing. In addition to the public notice given to the register of Ohio, the division may give whatever other notice it reasonably considers necessary to ensure notice is given to persons who are subject to or affected by the proposed rule, amendment or rescission. The notice shall state the intention to consider adopting, amending, or rescinding a rule, with a general statement of the subject matter to which the rule relates, and the date, time, and place of a hearing on proposed action. The notice shall also state the place from which copies of the proposed rule, amendment, or rule to be rescinded may be obtained. A copy of the notice may be obtained by any person who submits a written request and a self-addressed stamped envelope to the "Chief, Division of Wildlife, 2045 Morse Road, Building G, Columbus, Ohio 43229."
(B) All definitions set forth in rule 1501:31-1-02 of the Administrative Code shall apply to this rule.
Five Year Review (FYR) Dates:
07/19/2016 and
07/19/2021
Promulgated
Under:
119.03
Statutory Authority:
1531.08
Rule Amplifies:
1531.08
Prior Effective Dates: 05/01/1976, 06/01/1978, 06/01/1979,
06/01/1984, 04/17/1989, 12/30/2002, 05/27/2005,
11/24/2008