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