01-001 C.M.R. ch. 250
SUMMARY: This chapter specifies the requirements for producing and certifying cultivated American ginseng for export from the State of Maine.
The Department of Agriculture is authorized by 7 MRSA §2225 to promulgate rules regarding the certification of cultivated ginseng.
A. "Ginseng" means any part of the plant known as Wild American Ginseng (Panax quinquefolius L.). B. "Cultivated ginseng" means any part of a ginseng plant that was grown in prepared beds. C. "Wild ginseng" means ginseng growing, living or found in a natural state. D. "Wild simulated ginseng" means cultivated ginseng grown in a wooded site where wild ginseng is not established. E. "Dealer" means a person who buys cultivated, wild and/or wild simulated ginseng for the purpose of resale in a raw form. F. "Grower" means a person who grows cultivated ginseng and/or wild simulated ginseng to sell. G. "Foreign ginseng" means ginseng that is grown outside this state. H. "Person" means any individual, partnership, corporation or other business entity. I. "Department" means the Maine Department of Agriculture, Conservation and Forestry. J. "Green ginseng" means a ginseng root from which the moisture has not been removed by drying. K. "Grower license" means an annual permit issued by the Department which enables a person to cultivate ginseng for sale. L. "Dealer license" means an annual permit issued by the Department which enables a person to buy cultivated, wild and/or wild simulated ginseng for resale.
No grower's or dealer's license will be issued for the collection of wild ginseng for the purpose of sale or distribution.
1. 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 planting b. Location of beds, including site maps c. Planting dates d .Harvesting dates e. Weight of ginseng harvested f. Detailed information of sales transactions g. 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.
1. 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.
1. 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.
EFFECTIVE DATE:
July 22, 1995
EFFECTIVE DATE (ELECTRONIC CONVERSION):
May 4, 1996
CONVERTED TO MS WORD:
May 15, 2008
CORRECTIONS:
February, 2014 – agency names, formatting