TOPIC: Sellling seed

If I made lots and lots of seed beds in the woods.(Future dream) Being in Kentucky, can I sell my seed? or would this be considered illegal?

mhowa

mhowa,

Some of the first seed I ever purchased were from Ky. I bought them from Pickerel Ginseng farm in Hodgenville. He has long since been deceased and the operation no longer exist. So I don't see why a person couldn't with the correct paper work from the state.

rootman

Yes, you could sell the seed. You just couldn't harvest or sell seed until September.

Under currently Kentucky laws and regulations, you would not be able to sell the seed.

While Kentucky regulation does distinguish between wild, wild-simulated, and artificially propagated (woodsgrown and cultivated) ginseng - ginseng being defined under KRS 246.660 as \"American ginseng plant known as Panax quinquefolius,\" the harvest season is the same for all four \"types\" of ginseng.

kchacha is correct in terms of harvest meaning \"to take any part of the ginseng plant while the plant is living\" but if you look at 302 KAR 45:010 Section 4. Harvest, it says

(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.

www.lrc.state.ky.us/kar/302/045/010.htm

Therefore, removing seeds from 50 feet of the mother plant is violation of Kentucky's ginseng regulation.

Until such time there is a way to establish a grower program and a way to enforce and implement a legal seed harvest that doesn't impact the wild seed, this is what we have to work with in Kentucky.

rootman wrote:

mhowa,

Some of the first seed I ever purchased were from Ky. I bought them from Pickerel Ginseng farm in Hodgenville. He has long since been deceased and the operation no longer exist. So I don't see why a person couldn't with the correct paper work from the state.

rootman

That was also under the old regulations, and it was a huge gray area even then. Until recent years, I don't think the Kentucky rules were as stringently enforced or even consistently interpreted. This is due to we in Kentucky (and other states) have had to get our programs in shape or risk losing export status.

Unfortunately, I have to be the bad guy err gal in this :\.

So is this where intent of the law comes in? If someone in Kentucky was selling cultivated seeds, would you try to stop them/ write a ticket? It seems most would understand the circumstances and not get involved as it would not be appropriate.

lenno wrote:

So is this where intent of the law comes in? If someone in Kentucky was selling cultivated seeds, would you try to stop them/ write a ticket? It seems most would understand the circumstances and not get involved as it would not be appropriate.

I would have to talk to legal counsel on that, but no, I wouldn't recommend you to openly violate a law.

That sounds like an area of Kentucky law that some of you might want to bring up at the meetings with the administrative people of you state. I think Kyjabber understands, but without support from all of you who live in KY and are forced to try and work within those laws, they might not give it much consideration. From an administrative position, it is much easier to just leave things the way they are.

Kyjabber- You're a gal? I'm thinking that you are one of the few on the website...

Why do you think the Kentucky laws are so detailed? For example: \"with no tool used other than the finger.\" Seems a bit, hmm, well, for lack of a better word, ANAL!

Anyway, it's nice to have a official perspective, and thnks for being on this site. Are you able to influence the language of the law a'tall? Perhaps it's just a legislature thing.

There are growers in KY who sell seed. Maybe they are just willing to take the risk or are willing to go to court in order to define the intent of the law. And, of course, there is the discretion of the enforcement officer as to how he/she interprets and enforces the law.

Of course, maybe these KY seed sellers are just importing and reselling seed??

Interesting, to say the least!