Iowa Administrative Code › Agency 571 - Natural Resource Commission › Title VIII - Seasons, Limits, Methods of Take › Chapter 78 - Ginseng Harvesting and Sale › Rule 571-78.3 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
All words and phrases used in these rules shall have their
				  ordinary and customary meaning, except that the following words and phrases
				  shall be defined as follows:
"Controlled conditions"
means a nonnatural
				  environment that is intensively manipulated by human intervention for the
				  purpose of plant production. General characteristics of controlled conditions
				  may include, but are not limited to, tillage, fertilization, weed and pest
				  control, irrigation, or nursery operations, such as potting, bedding, or
				  protection from weather and artificial or natural shade or light.
"Cultivated ginseng"
means ginseng that is
				  nurtured, artificially propagated or maintained under controlled conditions
				  from a seed, cutting, division, callus tissue, root, rhizome, other plant
				  tissue, spore, or other propagule that has been derived from cultivated
				  parental stock.
"Cultivated parental stock"
means the
				  ensemble of plants grown under controlled conditions that are used for
				  reproduction and must be maintained in sufficient quantities for
				  propagation.
"Cutting"
or
"division"
means a plant grown from the root, rhizome, stem, or leaf of another plant and
				  is considered to be artificially propagated only if the traded specimen does
				  not contain any material collected from the wild.
"Dealer"
means any person who deals in
				  ginseng, which includes without limitation buying, selling, purchasing,
				  holding, brokering, billing for, bartering, trading or otherwise receiving
				  payment for wild or cultivated ginseng in Iowa, for the purpose of selling or
				  otherwise transacting wild or cultivated ginseng. The term "dealer" includes
				  any person, including without limitation a harvester, who sells ginseng to any
				  person other than a dealer licensed pursuant to these rules or lawfully
				  licensed in another state.
"Dealer's permit"
means a permit issued to a
				  dealer by the department under these rules.
"Department"
means the Iowa department of
				  natural resources.
"Director"
means the director of the Iowa
				  department of natural resources or a designee.
"Ginseng"
means all parts of the American
				  Ginseng (Panax quinquefolius) plant, including without limitation roots,
				  rhizomes, leaves and seeds, which may be cultivated or wild. "Ginseng,"
				  however, for purposes of these rules, does not mean those parts of the American
				  Ginseng plant that have been processed.
"Green ginseng"
means a root of ginseng from
				  which the moisture has not been removed by drying. For the purposes of these
				  rules, the amount of dried ginseng rhizome which can be derived from green
				  ginseng rhizome shall be calculated using a ratio of three and three-tenths to
				  one (3.3:1) by weight.
"Grower"
means a person who grows cultivated
				  ginseng for the purpose of selling the ginseng.
"Grower'spermit"
means a permit issued under
				  these rules to a grower.
"Harvester"
means any person who harvests,
				  possesses, transports, cuts, gathers, destroys, digs or uproots wild ginseng
				  for the purpose of selling the ginseng or for personal use.
"Harvester's permit"
means a permit issued
				  under these rules to a harvester.
"Nonresident"
means a person other than a
				  resident as defined by Iowa Code section 483A. 1A.
"Permits"
means dealer's permits, grower's
				  permits and harvester's permits issued under these rules.
"Resident"
means a resident as defined by
				  Iowa Code section
				  483A.1A.
"Root"
means the ginseng rhizome and its
				  roots.
"True leaves"
or
"prongs"
means compound leaves that include five leaflets consisting of three large
				  leaflets and two small leaflets.
"Wildginseng"
means an unprocessed plant,
				  dry or live green root, rhizome, seed or other part of ginseng, which is
				  growing in or has been collected from its native habitat, including ginseng
				  plants which have arisen from a seed that is planted in the wild, or which have
				  been transplanted into native habitat. "Wild ginseng" is ginseng that has not
				  been grown or nurtured by a person beyond planting of seeds or
				  plants.