TOPIC: stratified ginseng seeds

Do you have to have any kind of permit or license to sell stratified ginseng seeds in kentucky Thanks

kentuckyhilldigger wrote:

Do you have to have any kind of permit or license to sell stratified ginseng seeds in kentucky Thanks

Kyginseng or Billy should be the ones that know and will hopefully post the answer for you soon! If no one posts the answer, then email both as this might get a quicker response. Please post the answer when you get it as I am sure that others on the forums would also like to know.


Frank

From the KY laws (link on this site):

(1) \"Harvest\" means to take any part of the ginseng plant while the plant is living; and

(2) \"Ginseng\" means any part of the American ginseng plant known as Panax quinquefolius.

• Kentucky requires that seeds adhering to harvested ginseng be planted within 50 feet of the location of the plant, “with no tool used other than the finger.”

==

That above may only apply to Wild Ginseng, and there may be other rules for Wild-Sim, Woods Grown, Cultivated, etc... But I could not find anything where they distinguish between Wild and other production methods.

==
Per Kentucky State Law, all ginseng roots,
regardless of production method, must be a
minimum of 5 years old (plants have 3 or 4
prongs) before they can be harvested.
==

I did find the text above in the document (link below) by University of KY that says that ALL ginseng roots (regardless of productioin methods) must be at least 5 years old.

www.uky.edu/Ag/NewCrops/introsheets/ginseng.pdf

If they don't distinguish between Wild and other production methods on seed... then per the law listed at the top, you could not sell seed. It would have to be planted within 50' of parent.

That is all I could find with a few web searches.

Kyjabber and some others already mentioned may be able to help more.

Good Luck !

TNhunter

More info...

I searched that pdf document from University of KY for \"seeds\" and found the text below:

==
Kentucky state law does not allow for the
purchase of Kentucky roots or seed for planting;
when purchasing planting material from out-of state
sources, it is advisable to determine if the
state of origin has any applicable restrictions.
==

That sure sounds like a NO for selling seeds or rootlets in KY to others for planting.

That document looks to be fairly current and at the end it has this..

Reviewed by Anna Lucio, Kentucky Department of Agriculture (Revised 2012)

TNhunter

Here is something to think about.

If your plants are grown from Wisconsin seeds would it be Ky. seng or Wi. seng?

What if your bought some 2 year old rootlets from Ohio and planted them in Ky. then dug them up 10 years later would it still be Ohio seng or Ky.seng.

What about any seed that comes from these plants then what are they considered as Wi. Ohio or Ky?

rootman wrote:

Here is something to think about.

If your plants are grown from Wisconsin seeds would it be Ky. seng or Wi. seng?

What if your bought some 2 year old rootlets from Ohio and planted them in Ky. then dug them up 10 years later would it still be Ohio seng or Ky.seng.

What about any seed that comes from these plants then what are they considered as Wi. Ohio or Ky?

While you are on this query, consider that the seeds that grew these plants, may have come from Maryland and the seeds for those plants, may have come from Michigan and the seeds for those plants, may have originally came from Tennessee many years ago before all of these dang Federal and State regulations and laws! So what does all this mean, it means that the plants are North American Ginseng!


Frank

Well said fellas.
I for one am all about getting seed in the ground. From where it came I do not care in general pertaining to it helping preserve wild ginseng by taking the pressure off. I have talked to seed sellers and they tell me stratified seed can be sold without much problems. Now wild seed is a definite No No for sure. Like TN stated most states have strict laws about planting the wild seed within 50 feet ft the mother plant.
Good luck,
Latt

Latt wrote:

Well said fellas.
I for one am all about getting seed in the ground. From where it came I do not care in general pertaining to it helping preserve wild ginseng by taking the pressure off. I have talked to seed sellers and they tell me stratified seed can be sold without much problems. Now wild seed is a definite No No for sure. Like TN stated most states have strict laws about planting the wild seed within 50 feet ft the mother plant.
Good luck,
Latt

Good point Latt! I do want to point out a big flaw in the States and Federal requirements for planting seeds found while harvesting Ginseng. The requirement for planting of all these seeds within a 50 foot radius from the mother plant shows that some of these folks do not understand good Wild Ginseng Stewardship! I understand the need to plant the seeds within the same growing environment (soil conditions, shade canopy, amount of sunlight, slope in respect to the sun (i.e. generally facing in a Northerly direction) and having the same companion plants) in which the mother plant is growing and is key to not having folks remove the seeds from the woods, whether they are on private, public or Federally protect lands. However, planting within 50 feet of the mother plant is not always the best option. Many of us find 3 and 4 pronged plants growing in the bottom of a hollow or on an extremely steep mountainside or on the edge or under a sheer cliff. For the seeds to have a real chance to grow and eventually propagate the species, these found seeds need to be planted yes in this environment but in a location within this environment where they have more chance at survival and a greater chance of propagating the species. In this I mean, that seeds found with a mother plant at the bottom of the hollow, would not only have a greater chance of survival by being planted mid-ways or three-quarters of the way up the ridge within the same environment away from any possible flash flood flows but would also have a greater chance of propagating the species due to gravity (i.e. seeds that aren't eaten by birds, deer and other animals will fall off the berry pods and roll down hill) and more readily spread the species. Having dug Ginseng and planted found seeds for some 45 years now, it is in my' very nature to look at the mountain where I found the mother plant and her' seeds and pick a location on that same mountain that is not only suitable for her' seeds but gives them a great chance at survival and expanding (propagating) the species! Is that always within the 50 foot requirement that the States and Feds want us to adhere to, no, but it is within reason, yes, and it is in a location that more guarantees the seed's survival and expansion of the species!

Just a few thoughts for you to chew on when you are not chewing on a Ginseng root or other medicinal herb root or plant!


Frank

kentuckyhilldigger wrote:

Do you have to have any kind of permit or license to sell stratified ginseng seeds in kentucky Thanks

On the last legal counsel opinion I received this fall, as long as the ginseng (noting that per KRS 246.650 \"Ginseng\" means any part of the American ginseng plant known as Panax
quinquefolius and would include the seeds) is certified from state of origin and you follow Kentucky seed laws, you could sell out of state seed in Kentucky and not need to be a licensed KY ginseng dealer.

Do note that 302 KAR 45:010. Ginseng. Section Section 4. Harvest. (1) Ginseng shall only be harvested between September 1 and December 1 of each year.
(2) Ginseng shall not be harvested which is less than five (5) years old or has less than three (3) five (5) leafed prongs.
(3) Seeds adhering to a plant taken during the season shall be planted within fifty (50) feet of the location of the plant with no tool used other than the finger.

Therefore under current Kentucky law and regulations, there is not legal sale of KY ginseng seed.

rootman wrote:

Here is something to think about.

If your plants are grown from Wisconsin seeds would it be Ky. seng or Wi. seng?

What if your bought some 2 year old rootlets from Ohio and planted them in Ky. then dug them up 10 years later would it still be Ohio seng or Ky.seng.

What about any seed that comes from these plants then what are they considered as Wi. Ohio or Ky?

Given how other agricultural commodities are interpreted for the KY Proud program, at the time of harvest it would be Kentucky ginseng.