Plain Text Law

Chapter 03. Collection and Conservation of Maryland Ginseng

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Regulation .01 Definitions.Copy Citation

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A.
“Department” means Maryland Department of Agriculture.
B.
“Ginseng” means any part of the wild herb, American Ginseng (Panax quinquefolius L.).
C.
“Person” means an individual, partnership, corporation, association, or organized group of persons, or any other legal entity.

Regulation .02 Scope of Regulations.Copy Citation

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A.
Regulated area: Maryland.
B.
Regulated article: American Ginseng (Panax quinquefolius L.), intended for sale.

Regulation .03 Collecting Season and Size Limitations.Copy Citation

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A.
Ginseng roots may be collected only during the collection season from September 1 through December 1.
B.
Roots from ginseng plants less than 5 years of age or with fewer than three five-leaflet leaves (three prongs) or with immature seeds (green berries) may not be collected.

Regulation .04 Planting Seeds.Copy Citation

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Unless otherwise authorized by the Department, all seeds from collected or harvested ginseng plants shall be planted properly in the vicinity of the collected plant immediately after collection or harvest.

Regulation .05 Collecting Permits.Copy Citation

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A person who collects or harvests ginseng intended for sale shall hold a valid annual collecting permit for each collecting season.

Regulation .06 Permit Requirements.Copy Citation

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A.
A permit applicant shall do the following annually:
(1)
Make application on Departmental forms;
(2)
Pay a $2 fee to the Department; and
(3)
Maintain the following records for 3 years and make them available, upon request, to the Department:
(a)
The amount of ginseng collected in each county,
(b)
The name and address of any dealer who purchases ginseng from the collector.
B.
A collecting permit is not transferable.
C.
After a hearing by the Department, a collecting permit may be revoked for a violation of this chapter.

Regulation .07 Ginseng Certification.Copy Citation

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Before selling ginseng, a collector shall certify on a Departmental form where the ginseng was collected or harvested. Before moving ginseng for sale from Maryland, a collector or dealer shall have it physically inspected and certified by a representative of the Department.

Regulation .08 Ginseng Dealer Registration and Records.Copy Citation

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A.
A person who buys ginseng for resale shall register annually with the Department and pay a $20 fee.
B.
Dealers shall keep the following records for 3 years and make them available, upon request, to the Department:
(1)
For each sale, the name and permit number, or dealer registration number, of the seller and the weight in pounds and ounces or kilograms and grams of ginseng purchased.
(2)
The total amount paid annually for ginseng collected in Maryland.
C.
After a hearing by the Department, a dealer's registration may be revoked for a violation of this chapter.
Chapter annotations
Authority: Agriculture Article, §9-603, Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.06 adopted as an emergency provision effective July 7, 1978 (5:15 Md. R. 1184); emergency status expired October 6, 1978
History: Regulations .01—.07 adopted effective October 6, 1978 (5:20 Md. R. 1500)
History: Chapter revised effective February 14, 1983 (10:3 Md. R. 210)
History: Regulation .03 amended effective May 17, 2010 (37:10 Md. R. 723)