Code of Vermont Rules › Agency 20 - DEPARTMENT OF AGRICULTURE, FOOD AND MARKETS › Sub-Agency 031 - PLANT INDUSTRY DIVISION › Chapter 006 - VERMONT REGULATIONS FOR THE COLLECTION, CULTIVATION AND SALE OF AMERICAN GINSENG › Section 20 031 006 - VERMONT REGULATIONS FOR THE COLLECTION, CULTIVATION AND SALE OF AMERICAN GINSENG

Current through June, 2024
Section I
			 Statutory Authority
This rule is established by the Agency of
				Agriculture, Food and Markets under the authority granted the
				Secretary at
				6 V.S.A., §
											4029 "Rules; distribution;
				penalties',
				6 V.S.A. §
											4031, 'Plants taken from the wild',
				and
				6
				V.S.A., §
											1(a)
				(10), 'General powers of agency;
				secretary of agriculture, food and markets'.
Section II Definitions
1. "Agency" means the Vermont
			 Agency of Agriculture, Food and Markets.
2. "Collecting" means cutting,
			 gathering, rooting, severing, injuring, destroying, removing,
			 transplanting, harvesting, or carrying away any ginseng plants or
			 parts thereof for commercial purposes.
3. "Ginseng" means the roots in
			 whole, part, or in any form, of American Ginseng ( Panax
			 quinquefolius L.).
4.
			 "Cultivated Ginseng" means ginseng growing under controlled
			 conditions from seed, roots, or rootlets planted in prepared beds
			 either in woods or under the shade of artificial structures, wild
			 ginseng transplanted from its original location and subsequently
			 subjected to controlled conditions, or ginseng otherwise manipulated
			 by horticultural practices, and collectively includes ginseng defined
			 or described as 'artificially propagated', 'woods-grown',
			 'woods-cultivated' or 'field grown'.
5. "Ginseng Collector" means a
			 person who collects wild ginseng.
6. "Green Ginseng" means ginseng
			 root from which the moisture has not been removed by
			 drying.
7. "Wild Ginseng"
			 means ginseng growing, living or found in a natural state.
8. "Ginseng Dealer" means any
			 person selling certified ginseng, or moving certified ginseng
			 interstate for commercial gain.
9. "Foreign Ginseng" means ginseng
			 not originating from within the borders of the State of Vermont.
10. "Ginseng Collector's
			 Permit" means the permit issued by the Secretary which enables a
			 person to collect wild ginseng within this state between September 1
			 and October 31 of a given year when done in accordance with these
			 rules and 6 V.S.A. Chapter 206.
11. "Ginseng Dealer's Permit" means
			 the permit issued by the Secretary which enables a person to act as a
			 ginseng dealer within this state when done in accordance with these
			 regulations and 6 V.S.A. Chapter 206.
12. "Person" means any individual,
			 partnership, corporation or other business entity.
13. "Secretary" means the Secretary
			 of the Agency of Agriculture, Food and Markets or their
			 designee.
14.
			 "Wild-Simulated Ginseng" means ginseng grown from cultivated seeds
			 planted in hardwood forests without any other human intervention
			 (e.g. removal of vegetation, application of fertilizers, pesticides),
			 has wild ginseng-like characteristics, and therefore is for all
			 practical purposes, indistinguishable from wild ginseng.