Missouri Code of State Regulations › Title 3 - DEPARTMENT OF CONSERVATION › Division 10 - Conservation Commission › Chapter 10 - Wildlife Code: Commercial Permits: Seasons, Methods, Limits › Section 3 CSR 10-10.810 - Ginseng Dealers: Privileges, Recordkeeping, Reporting Requirements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule specifies the privileges that may
				  be exercised by Missouri ginseng dealers and the recordkeeping and reporting
				  requirements they must follow for all ginseng transactions.
(1) For the purposes of this Code, the term
				ginseng dealer(s) shall mean ginseng dealers permitted in Missouri. Ginseng
				dealers may buy, sell, obtain, possess, transport, import, and export ginseng
				plants or roots and possess such plants and roots for resale, but only in
				accordance with this rule, 3 CSR 104.113, 3 CSR 10-10.800, and 3 CSR 10-10.805.
				Harvested ginseng roots in wet or dry form shall be classified as a product
				made from an endangered species of plant as defined in 252.240, RSMo, and is
				listed in the "Appendices on the Convention on International Trade in
				Endangered Species of Wild Fauna and Flora." The acceptance of a ginseng dealer
				permit shall constitute an acknowledgment that the possession of ginseng roots
				in any quantity is with the intent to sell a product made from an endangered
				species of plant.
(2) Ginseng
				dealers may buy, obtain, possess, and transport uncertified ginseng roots from
				the holder of a valid Missouri ginseng harvester permit or from a landowner
				with a landowner harvest authorization number in dried form only from September
				15 through March 15, provided wet or undried roots may be bought, obtained,
				possessed, and transported only from September 1 through March 15. Uncertified
				harvested ginseng plants or roots may be possessed only from September 1
				through March 15.
(3) Certified
				ginseng plants or roots may be bought, obtained, transported, possessed for
				sale, exported, or sold by a ginseng dealer throughout the year. Ginseng plants
				or roots exported from the state by a ginseng dealer must be accompanied by a
				numbered certificate of origin on forms provided by the department. Roots may
				be imported from other states, territories, or countries and possessed and
				transported within Missouri for resale by a ginseng dealer, but only when
				possession is accompanied by the appropriate certification of origin issued by
				the state, territory, or country the ginseng originated from. Uncertified roots
				that have been received by a ginseng dealer from outside the state must be
				reported to a conservation agent immediately upon receipt and disposed of only
				in accordance with the agent's instructions. Except for uncertified ginseng
				plants or roots possessed, bought, sold, or obtained in accordance with section
				(2) of this rule, all ginseng plants or roots possessed, bought, sold, or
				obtained by a ginseng dealer must be accompanied by a numbered certificate of
				origin on forms provided by the department or the appropriate certification of
				origin issued by the state, territory, or country the ginseng originated from.
				Certificate of origin forms are issued for specific and indivisible weights of
				ginseng and may be obtained from a conservation agent for a fee of twenty-five
				dollars ($25) for each certificate issued. Certification fees must be paid
				prior to the issuance of a certification of origin form.
(4) Each ginseng dealer shall keep an
				up-to-date, accurate record of all transactions made concerning ginseng plants
				or roots. For each transaction, the name, address, and permit number and type
				(if applicable) of the other party to the transaction, landowner harvest
				authorization number (if applicable), transaction type, weight, and certificate
				of origin number (if applicable) shall be recorded immediately on a form
				provided by the department. All such records and ginseng plants or roots shall
				be made available for inspection by an authorized agent of the department at
				any reasonable time. All records required by this rule shall be retained for
				three (3) years.
(5) Each ginseng
				dealer shall submit quarterly transaction reports and annual inventory reports
				on forms provided by the department. Printed copies of these forms can be
				obtained from the Missouri Department of Conservation, PO Box 180, Jefferson
				City, MO 65102-0180 and online at
www.missouriconservation.org
.
				Quarterly reports shall include all transactions in ginseng roots for the three
				(3) months preceding January, April, July, and October of the current year and
				an inventory of all ginseng roots held in storage after March 15. Quarterly
				reports shall be submitted by the 15th day of January, April, July, and October
				of the current year, and annual inventory reports shall be submitted by April 1
				of the current year.
(6) Permits
				shall be contingent upon compliance with this rule. Failure to comply with this
				rule, or to submit quarterly transaction reports or an annual inventory report,
				shall be sufficient cause for the department to revoke the current year's
				ginseng dealer permit and deny renewal of the permit for the following
				year.