Ohio Administrative Code › Title 1501:31 - Division of Wildlife › Chapter 1501:31-40 - Ohio Ginseng Management Program › Section 1501:31-40-03 - Ginseng certification for exportation

Current through all regulations passed and filed through July 1, 2024
(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. 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.
(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 . 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.