312 Ind. Admin. Code 19-1-1

Current through December 4, 2024

Section 312 IAC 19-1-1 - Definitions

Authority: IC 14-31-3-14

Affected: IC 14-31-3

Sec. 1.

The following definitions are in addition to those contained in 312 IAC 1 and apply throughout this rule:

(1) "Buy" includes offer to buy, trade, or barter.

(2) "Collect" means dig, pick, pull up, cut, uproot, harvest, or otherwise remove a ginseng plant from its habitat.

(3) "Cultivated ginseng" means ginseng that is planted and cultivated according to standard ginseng cultivation practices.

(4) "Division" means the division of nature preserves of the department.

(5) "Export" means transport, ship, carry, haul, take, or otherwise move ginseng collected in Indiana outside the state of Indiana.

(6) "Ginseng" means American ginseng (Panax quinquefolius L.). The term does not include ginseng ready for consumption, sold, or bought at retail. The term includes cultivated ginseng and wild ginseng.

(7) "Ginseng dealer" means a person who buys ginseng roots from a ginseng harvester or another ginseng dealer for resale or exportation. The term does not include a person who sells solely for domestic consumption.

(8) "Ginseng harvester" means a person who collects ginseng.

(9) "Harvest season" means September 1 through December 31 of each year.

(10) "License year" means September 1 of one (1) year through August 31 of the following year.

(11) "Sale" includes trade, barter, and an offer to sell, trade, or barter.

(12) "Selling season" means September 1 of one (1) year through March 31 of the following year.

(13) "Wild ginseng" means ginseng in, or harvested from, its native habitat. The term applies regardless of whether the ginseng occurs naturally in the habitat or was introduced or increased in abundance by sowing ginseng seeds or by transplanting ginseng plants from another area.

312 IAC 19-1-1

Natural Resources Commission; 312 IAC 19-1-1; filed Jul 10, 1998, 10:29 a.m.: 21 IR 4193; filed Oct 1, 1999, 1:05 p.m.: 23 IR 297; readopted filed Nov 17, 2004, 11:00 a.m.: 28 IR 1315; readopted filed May 26, 2010, 10:36 a.m.: 20100609-IR-312100060RFA

Readopted filed 9/27/2016, 2:11 p.m.: 20161026-IR-312160152RFA

Readopted filed 5/18/2022, 11:10 a.m.: 20220615-IR-312220029RFA