Iowa Admin. Code r. 571-78.5

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 571-78.5 - General prohibitions

(1)Harvest. From November 1 through the following August 31, no person shall harvest, dig, cut, uproot, gather, intentionally disturb, or destroy ginseng, whether the ginseng is wild or cultivated ginseng. This prohibition shall not apply to the transplantation or intentional disturbance of cultivated ginseng when such activities are incidental to the cultivation and growing of cultivated ginseng in a nursery business.

(2)Sale. A person, other than a dealer licensed pursuant to these rules, shall not sell ginseng from March 16 through August 31.

(3)Sale and possession of green ginseng. A person shall not possess or transact business in green ginseng from November 21 through August 31, unless otherwise provided for by these rules.

(4)State-owned and state-managed lands. In an effort to conserve and protect native stands of wild ginseng, the introduction of nonnative ginseng stock on state-owned or state-managed lands under the jurisdiction of the commission is prohibited, except in narrow circumstances as described in these rules. As such, a person shall not, at any time, possess, harvest, dig, cut, uproot, gather, plant, propagate, intentionally disturb or destroy ginseng or ginseng seed on state-owned or state-managed lands under the jurisdiction of the commission. Nothing in this chapter shall prohibit the department from taking measures on state-owned or state-managed lands under the jurisdiction of the commission to conserve and protect native wild ginseng, which may include without limitation planting and possessing seeds.

(5)Out-of-state ginseng. No ginseng dug, harvested or purchased outside the borders of Iowa which is not accompanied by a valid certificate of origin pursuant to rule 571-78.9 (456A) shall be transported into or be in the state of Iowa lawfully.

Iowa Admin. Code r. 571-78.5

ARC 7680B, IAB 4/8/09, effective 4/1/09