Section 001-250-III - COLLECTION, CULTIVATION, HARVEST AND SALE OF AMERICAN GINSENGA.Collecting Wild GinsengNo grower's or dealer's license will be issued for the collection of wild ginseng for the purpose of sale or distribution.
B.Cultivation and Harvest of Ginseng1. Prior to preparing the beds for planting growers must obtain a written determination from the Department that the area where the beds are to be located is free of wild ginseng. This determination will be made after a site inspection by the Department, which must be arranged by the grower. Anyone growing ginseng prior to the enactment of this rule is exempt from this requirement.2. All growers shall keep true and complete records of ginseng cultivation including]a. Origin of seed and rootlets for plantingb. Location of beds, including site mapse. Weight of ginseng harvestedf. Detailed information of sales transactionsg. Any other information the Department deems necessary regarding the cultivation, harvesting and selling of ginseng.3. Planting, harvest and sales records shall be kept for a period of 5 years and shall be submitted annually to the Department.4. Dealers must keep records on forms provided by the Department and make them available upon request.C.Growers and Dealers1. All growers shall register with the Department and obtain a grower's license prior to planting any ginseng and shall renew their license annually. Licenses will expire on December 31 of each year. The fee for the license is $10.00 and the Department will assign a license number to each person registered under this subsection.2. All dealers shall register with the Department and obtain a dealer's license prior to dealing in ginseng. Licenses shall be obtained annually and will expire on December 31 of each year. The fee for the license will be $25.00 and the Department will assign a license number to each person registered under this subsection. Any person who acts as a dealer and a grower must register and obtain licenses as both.D.Sale of Ginseng1. All ginseng roots intended for sale shall be certified by Department personnel on forms provided by the Department.2. Certification shall include inspection of the roots to insure maturity and determine the weight of each shipment.3. Any grower or dealer holding ginseng after March 31 of the year after harvest must notify the Department. The Department will weigh the ginseng and will provide an official receipt of the weight of the remaining ginseng. Any future certification of this ginseng will be issued against this weight receipt.4. No dealer may purchase or receive foreign ginseng unless it is accompanied by a valid certificate, issued by the state or country of origin. The certification shall include the source, year of harvest, weight and number of rootlets. The dealer shall retain a copy of each written certificate received. If a dealer receives ginseng not accompanied by a valid certificate of origin, the uncertified ginseng must be returned within 30 days to the state or country of origin.01-001 C.M.R. ch. 250, § III