Missouri Code of State Regulations › Title 3 - DEPARTMENT OF CONSERVATION › Division 10 - Conservation Commission › Chapter 4 - Wildlife Code: General Provisions › Section 3 CSR 10-4.113 - Ginseng

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes certain requirements
				  for possession and trade in the medicinal plant ginseng. These requirements are
				  necessary to secure federal approval for export of ginseng, in which trade is
				  restricted under the Convention on International Trade in Endangered Species.
				  The principal market for ginseng is China and other Asian
				  countries.
(1) Any person
				harvesting, transporting, possessing, buying, selling, importing, or exporting
				ginseng (
Panax quinquefolium
) in any manner, or attempting any
				of these acts, must obtain and have on his/her person the prescribed permit,
				temporary permit authorization number(s), or evidence of exemption as specified
				in this rule, 3 CSR 10-10.800, or 3 CSR 10-10.810. The temporary permit
				authorization number(s) and picture identification must be carried at all times
				while exercising privileges related to ginseng until the actual permit(s) is
				received. Harvesting means the collecting, picking, or digging of any part
				(including seeds and roots) of a ginseng plant. Harvested ginseng roots in wet
				or dry form shall be classified as a product made from an endangered species of
				plant as defined in section
				252.240, RSMo, and is listed in
				the "Appendices on the Convention on International Trade in Endangered Species
				of Wild Fauna and Flora." The possession of harvested uncertified ginseng roots
				shall constitute an acknowledgment that possession is with the intent to sell a
				product made from an endangered species of plant.
(2) Ginseng may be harvested and transported
				by the holder of the prescribed ginseng harvester permit or by landowners as
				prescribed in section (5) of this rule from September 1 through December 31.
				All ginseng plants or roots harvested must possess three (3) or more true
				leaves (prongs). The entire stalk, minus the mature fruits, shall be kept with
				the plants until they are taken to the harvester's home or place of business.
				When harvesting ginseng, the harvester shall plant all seeds from harvested
				plants within one hundred feet (100') of the parent plants. Uncertified ginseng
				plants or roots harvested by the permittee or by landowners as prescribed in
				section (5) of this rule may be possessed, transported, or sold in dried form
				only from September 15 through March 15, provided wet or undried roots may be
				possessed, sold, or transported only from September 1 through March 15.
				Uncertified ginseng plants or roots may be possessed, transported, or sold only
				by the harvester of the plants or roots and may not be exported from the state.
				Uncertified ginseng plants or roots may be sold or given away only to the
				holder of a Missouri ginseng dealer permit. Except as specifically provided in
				3 CSR 1010.800, 3 CSR 10-10.805, and 3 CSR 10-10.810, no person may possess or
				transport uncertified ginseng plants harvested by another person. The holder of
				a valid ginseng harvester permit or landowner as prescribed in section (5) of
				this rule may sell or give away certified ginseng plants or roots to any person
				throughout the year, but only the plants or roots personally harvested by
				him/her during the prescribed ginseng harvest season.
(3) Ginseng plants or roots exported from the
				state 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 transported within Missouri, 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 from outside the state must be reported to a conservation agent
				immediately upon receipt and disposed of only in accordance with their
				instructions. Except for uncertified ginseng plants or roots possessed, bought,
				sold, or obtained in accordance with section (2) of this rule or 3 CSR
				10-10.810(2), all ginseng plants or roots possessed, bought, sold, or obtained
				in Missouri 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. Certified ginseng plants or roots
				may be bought, obtained, or possessed without permit by any person throughout
				the year, except certified ginseng plants and roots may be bought, obtained, or
				possessed for resale only as specifically authorized by 3 CSR 10-10.800, 3 CSR
				10-10.805, and 3 CSR 10-10.810.
(4)
				Ginseng is designated an endangered species of plant as defined in section
				252.240, RSMo, and is listed in
				the "Appendices on the Convention on International Trade in Endangered Species
				of Wild Fauna and Flora." Ginseng may not be harvested from lands owned or
				leased by the commission, except by the holder of a Letter of Authorization for
				Plant Collecting as authorized by
				3 CSR
				10-11.110, and may not be harvested without the
				permission of the property owner on all other lands located within Missouri,
				including those lands owned or controlled by other government entities. Ginseng
				seeds may be collected without permit from lands other than those owned or
				leased by the commission when the remainder of the plant or root is not
				harvested, but only with the permission of the property owner. Legally obtained
				ginseng seeds may be possessed, transported, bought, sold, imported, or
				exported without permit by any person throughout the year.
(5) Resident and nonresident landowners as
				defined in 3 CSR 10-20.805 may harvest,
				possess, transport, sell, or export ginseng harvested from the landowner's
				qualifying property without a ginseng harvester permit, but only in accordance
				with sections (1) through (3) of this rule. Landowners selling or giving away
				uncertified ginseng harvested or possessed in accordance with this section
				shall first obtain a landowner harvest authorization number from the department
				and shall provide their landowner harvest authorization number to the Missouri
				ginseng dealer obtaining the ginseng at the time of transfer or sale.
(6) This rule shall not apply to commercially
				manufactured food products or dietary supplements containing ginseng as an
				ingredient, and such items may be possessed, transported, bought, sold,
				imported, or exported without permit by any person throughout the
				year.