Brad,
Concerning your questions, I copied and pasted below Section 7 and also Section 8 which most folks need to know from the Kentucky Department of Agriculture's Site.
Frank
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302 KAR 45:010. Ginseng.
RELATES TO: KRS 246.030, 246.650, 246.660, 246.990(9), 260.020, 260.030, 50 C.F.R. Part 23
STATUTORY AUTHORITY: KRS 246.660, 260.020
NECESSITY, FUNCTION, AND CONFORMITY: KRS 246.660 requires the Department of Agriculture to administer a program for ginseng in Kentucky. This administrative regulation establishes the ginseng program including licensing and record keeping requirements for dealers, a limited harvesting season, certification procedures, administrative violations and civil penalties, and procedures for the suspension or revocation of a dealer's license.
Section 7. Certification of Ginseng. (1) Before ginseng harvested in Kentucky can be exported, it shall be certified by the department on an American Ginseng Export Certificate.
(2) Ginseng may only be certified by a dealer holding a Kentucky dealer's license.
(3) To obtain certification, a dealer shall:
(a) File with the department an American Ginseng Export Certificate form;
(b) File with the department associated purchase forms covering the amount of ginseng to be certified in accordance with subsection (5) of this section;
(c) Undergo a random sample inspection of ginseng roots by a department official; and
(d) Pay the certification fee in accordance with subsection (7) of this section.
(4) Export Certificate. The certificate shall include the following information:
(a) State of origin;
(b) Serial number of certificate;
(c) Dealer’s state license number;
(d) Dealer’s shipment number for the harvest season;
(e) Year of harvest;
(f) Designation as dried or green ginseng;
(g) Designation as cultivated, woodsgrown, wild, or wild simulated;
(h) Weight of ginseng;
(i) Statement of state or tribal certifying official that the ginseng was obtained in that state or on those tribal lands in accordance with all relevant laws for that harvest year; and
(j) Name and title of state or tribal certifying official.
(5) Associated Purchase Forms. (a) For ginseng purchased from harvesters, the dealer shall file Ginseng Purchase Forms covering the amount of ginseng to be certified.
(b) For ginseng purchased from other dealers, the dealer shall file Dealer to Dealer Transaction Forms and Ginseng Purchase Forms obtained from the dealers of origin covering the amount of ginseng to be certified.
(c) Ginseng Purchase Forms shall be submitted to the department by April 15 of the year after harvest.
(6) The department may obtain samples of roots in order to obtain a root count.
(7) Certification fee. The fee for certification and processing by the department shall be two (2) dollars per pound. Payment shall be made prior to the release of the certification of the ginseng to the dealer, and shall be tendered by check or money orders only. Cash shall not be accepted.
(8) A copy of the certificate shall be:
(a) Enclosed with the shipment which is the subject of the certification;
(b) Retained for a minimum of three (3) years by the licensed ginseng dealer; and
(c) Retained by the certifying agent of the department for seven (7) years.
Section 8. Prohibition on Uncertified Non-Kentucky Grown Ginseng. Ginseng that is harvested outside the border of Kentucky and not certified in its state of origin shall not enter Kentucky.
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