North Dakota Administrative Code › Title 7 - Agriculture Commissioner › Article 7-04 - Plant Industries › Chapter 7-04-03 - Ginseng › Section 7-04-03-03 - Sale or shipment of cultivated ginseng

Current through Supplement No. 393, July, 2024
1. Any grower that
				harvests ginseng shall report the harvest to the commissioner, as required by
				United States fish and wildlife service.
2. All ginseng roots intended for sale must
				be certified by the commissioner on report forms. Certification must include
				inspection of roots to ensure maturity and weight of each shipment. The
				commissioner may charge a fee of not more than five dollars for the ginseng
				forms.
3. Any grower or dealer
				holding unsold ginseng after December thirty-first of the year of harvest shall
				notify the commissioner. The commissioner shall weigh the remaining ginseng and
				provide certification report of remaining ginseng. This report is used for
				future certificate of ginseng.
4.
				Except as provided in subsection 8, a person may not sell or ship cultivated
				ginseng to a dealer or ship cultivated ginseng out of this state unless the
				cultivated ginseng is accompanied by a completed shipment certificate provided
				by the commissioner. The shipment certificate must specify the year in which
				the cultivated ginseng was harvested. The person selling or shipping the
				cultivated ginseng shall submit a report form describing to the commissioner
				the source of all cultivated ginseng included in the sale or shipment. The
				report must be within thirty days of the sale or shipment. Each person that
				completes a shipment certificate or report form must retain a copy for three
				years from the date of the sale or shipment.
5. A dealer may not purchase or receive
				cultivated ginseng unless it is accompanied by a completed shipment
				certificate. A dealer shall retain a copy of each shipment certificate received
				for a period of three years from the date of receipt.
6. A dealer may not purchase or receive
				out-of-state cultivated ginseng unless it is accompanied by a valid
				certificate, issued by the state of origin, certifying that the shipment
				consists solely of out-of-state cultivated ginseng. The certificate must
				include the source, year of harvest, and dry weight of the out-of-state
				cultivated ginseng included in the shipment. The dealer shall retain a copy of
				each certificate received for a period of three years from the date of
				receipt.
7. A person may not import
				out-of-state cultivated ginseng into this state unless the imported shipment is
				accompanied by a valid certificate issued by the state of origin. A person may
				not ship out-of-state cultivated ginseng using a shipment certificate issued by
				this state.
8. Subsection 4 does
				not apply to a person that sells or ships cultivated ginseng dry root to a
				person outside this state who is buying or receiving the cultivated ginseng dry
				root solely for the purpose of final retail sale to consumers in the United
				States, if the person selling or shipping keeps a record of the sale or
				shipment which includes the following:
a. The
				name and address of the purchaser or recipient.
b. The dry weight of the cultivated ginseng
				dry root included in the sale or shipment.
c. The date of the sale or
				shipment.
d. The source of all of
				the cultivated ginseng dry root included in the sale or shipment.
e. The year in which the cultivated ginseng
				dry root was harvested.