(a) Any person, business, or corporation who buys wild or artificially propagated American ginseng for sale across state lines shall:
- (1) Be termed a dealer by intent of Acts 1985, No. 774; and
- (2) Obtain a ginseng dealer license and a certificate of legal taking from the State Plant Board.
- (b) An application for a ginseng dealer license (Form 535) must be completed and submitted to the board prior to the issuance of the Certificate of Legal Taking (Form 539), which shall be issued only when Arkansas-grown ginseng roots are certified by a state certifying official.
- (c) Ginseng shall not enter or leave the State of Arkansas unless accompanied by a valid certificate of legal taking.
(d)
- (1) Licensed ginseng dealers shall keep true records of all ginseng that is purchased or sold.
(2) These records shall include but not be limited to:
- (A) Name and address of collector or grower (Form 538A);
- (B) Name and address of buyer (Form 538B);
- (C) County where roots were collected or grown;
- (D)
(i) Weight in pounds and ounces of all ginseng roots purchased (Form 538A) or sold (detachment from Form 539) and the signature of the weigher (Form 539).
(ii) Also, whether green or dry weight;
- (E) Copies of the Ginseng Nursery Certificate for cultivated ginseng (Form 536); and
- (F) Copies of the Ginseng Certificate of Possession (Form 540).
(3)
- (A) This information is to be recorded for each transaction.
(B) These records shall be:
- (i) Maintained for a minimum of three (3) years; and
- (ii) Available upon request by authorized board representatives.
- (4) Licensed ginseng dealers shall submit to the board all records of ginseng commerce every thirty (30) days with a year-end accounting to be received by the board by May 1 (Form 537).
- (e) The Ginseng Nursery Certificate (Form 536) for artificially propagated ginseng will be completed by authorized board representatives.
- (f) A Ginseng Certificate of Possession (Form 540) is to be completed by any licensed dealer who does not sell all ginseng roots purchased during the period September 15 to December 31 of harvest year.
(g)
- (1) A completed Certificate of Legal Taking (Form 539) shall be completed in duplicate for each shipment of wild or artificially propagated American ginseng from the state.
- (2) The original certificate will be attached to the export.
- (3) The detachment from Form 539 shall be maintained by the dealer for his or her records.
- (4) The second copy shall be retained by the state certifying official.