West Virginia Code of State Rules › Agency 22 - Forestry › Title 22 - LEGISLATIVE RULE DIVISION OF FORESTRY › Series 22-01 - Ginseng Regulations › Section 22-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Certified"
				means the ginseng that carries a certificate of origin issued by the Director
				which allows for the export of legally harvested ginseng from West
				Virginia;
2.2. "Commercial use"
				means to sell or to use ginseng for financial gain;
2.3. "Cultivated ginseng" means ginseng that
				is purposefully planted in beds under artificial shade using standard
				horticultural practices, such as mechanical tillage, fertilization, weed
				control, irrigation and/or pesticides;
2.4. "Dealer" means a person who purchases
				ginseng for purposes of commercial use;
2.5. "Digger" means a person who digs,
				collects or gathers wild ginseng by searching woodlands to find the
				plants;
2.6. "Director" means the
				Director of the Division of Forestry;
2.7. "Division" means the Division of
				Forestry;
2.8. "Export" means the
				movement of ginseng from state to state as well as sending it abroad;
2.9. "Ginseng" means whole, sliced or parts
				of roots of cultivated ginseng, woods grown ginseng, wild simulated ginseng and
				wild ginseng, excluding manufactured parts, products, and derivatives, such as
				powders, pills, extracts, tonics, teas and confectionary;
2.10. "Ginseng bed" means any area of forest
				that is cultivated, plowed, rototilled, or otherwise has a seedbed prepared for
				the planting of ginseng seed, roots, or plants;
2.11. "Green ginseng" means a fresh wild,
				wild simulated, or woods grown ginseng root that has not been intentionally
				subjected to a drying process and from which most natural moisture has not been
				removed by drying;
2.12. "Grower"
				means a person who purposefully plants and grows cultivated ginseng, woods
				grown ginseng or wild simulated ginseng for purposes of commercial use:
				Provided, that a grower does not include a digger who plants wild ginseng seed
				from the wild ginseng plants he or she digs, collects or gathers;
2.13. "Harvest" means to dig, collect or
				gather ginseng;
2.14. "Person"
				means an individual, corporation, partnership, firm or association;
2.15. "Rootlets" means cultivated, woods
				grown or wild simulated one- to two-year-old ginseng roots commonly sold as
				transplants to growers;
2.16. "Wild
				ginseng" means
Panax quinquefolius
L. that is not grown or
				nurtured by a person regardless of the putative origin of the plants:
Provided,
that wild ginseng may originate from seeds planted
				by a digger at the same site from which the digger harvests the wild
				ginseng;
2.17. "Wild simulated
				ginseng" means ginseng that is purposefully planted in the woods without a bed
				being prepared and without the use of any chemical weed, disease or pest
				control agents;
2.18. "Woods grown
				ginseng" means ginseng that is purposefully planted in beds prepared in the
				woods in a manner that uses trees to provide necessary shade and that may be
				grown with the use of chemical or mechanical weed, disease or pest control
				agents.