Ohio Admin. Code 1501:31-40-02 - [Effective 6/30/2025] Ginseng registration permit; dealer record requirements
(A)
A ginseng dealer
state registration permit issued pursuant to section1533.881 of
the Revised Code is nontransferable and expires on August thirty-first each
calendar year.
(B)
Except as otherwise provided in this rule and rule
1501:31-40-01 of the
Administrative Code, no person shall buy, acquire, or possess:
(1)
Uncertified dry
wild or cultivated ginseng from April first through September fifteenth of each
year without written authorization from the chief of the division of
wildlife;
(2)
Uncertified green wild or cultivated ginseng from April
first through August thirty-first without written authorization from the chief
of the division of wildlife;
(3)
Ginseng that was
harvested illegally or outside of the harvest season.
(C)
Live
immature cultivated ginseng plants and seeds from cultivated ginseng plants
sold by commercial growers for propagation purposes within the United States
are not regarded as harvested and are exempt from the certification
requirement. These plants and seeds may be possessed at any time provided the
person possessing such cultivated ginseng exhibits proof of purchase upon
demand to any law enforcement officer having jurisdiction.
(D)
Records.
(1)
No person within
Ohio shall acquire ginseng from any collector, buyer, dealer, or grower
without:
(a)
Verifying the seller's identity using their state
identification card or driver's license;
(b)
Making and
retaining an accurate legible record in the English language of the:
(i)
Seller's name,
address, and state identification card number or driver's license
number;
(ii)
Ginseng dealer state registration permit number and
export certificate number when applicable;
(iii)
Number of
pounds and ounces green and/or dry weight of ginseng collected or cultivated in
each Ohio county, compiled separately for wild and cultivated
lots;
(iv)
Year of harvest;
(v)
Date of the
transaction.
(2)
In addition,
buyers and dealers are required to make and retain legible records in the
English language of all ginseng sales that include the:
(a)
Purchaser's name
and address;
(b)
Ginseng dealer state registration permit number and
export certificate number when applicable;
(c)
Number of pounds
and ounces green and/or dry weight of ginseng collected or cultivated in each
Ohio county, compiled separately for wild and cultivated lots;
(d)
Year of
harvest;
(e)
Date of the transaction.
(E)
No
person shall sell ginseng without:
(1)
Presenting their state identification card or driver's
license to the purchaser at the time of sale so their information can be
recorded;
(2)
Providing true and accurate information to the
purchaser to complete the records required in paragraph (D) of this
rule.
(F)
Dealers and buyers of ginseng shall:
(1)
Display and
distribute educational materials about ginseng, ginseng regulations, and the
Ohio ginseng management program as provided by the chief of the division of
wildlife;
(2)
Keep true and accurate legible records in the English
language on all ginseng sold and purchased, with the purchases of ginseng on
separate sheets from sales;
(3)
Submit the
records required in paragraph (D) of this rule in the format and manner
prescribed by the chief of the division of wildlife on a daily basis or as
otherwise required;
(4)
Maintain the required records and have them available
to support the origin of ginseng possessed or being certified for sale and
shipment.
(G)
The records required by this rule as well as the
accompanying ginseng shall be open to inspection by a wildlife officer and any
other law enforcement officer having jurisdiction at all reasonable hours,
unless the dealer or buyer objects. If the dealer or buyer refuses to permit
the inspection, upon filing an affidavit in accordance with law with a court
having jurisdiction and upon receiving a warrant, an officer authorized to
enforce this rule may proceed with the inspection.
(H)
In addition to
other penalties provided by the law, the chief of the division of wildlife may
refuse to issue a ginseng dealer state registration permit to any person who
fails to comply with the requirements listed in rules
1501:31-40-01 and
1501:31-40-03 of the
Administrative Code. A person denied a permit is entitled to a hearing pursuant
to Chapter 119. of the Revised Code.
(I)
In addition to
other penalties provided by law, the chief of the division of wildlife may
suspend the ginseng dealer registration permit issued to any person who fails
to comply with the requirements listed in rules
1501:31-40-01 and
1501:31-40-03 of the
Administrative Code. The opportunity for a hearing pursuant to Chapter 119. of
the Revised Code will be afforded to the person prior to the decision to
suspend the permit.
(J)
All definitions set forth in rule
1501:31-1-02 of the
Administrative Code apply to this rule.
Replaces: 1501:31-40-02
Notes
Promulgated Under: 119.03
Statutory Authority: 1531.10, 1533.87, 1533.88
Rule Amplifies: 1531.10, 1533.87, 1533.88, 1533.881, 1533.882
Prior Effective Dates: 08/26/1983 (Emer.), 11/28/1983, 04/14/1988, 01/10/2000, 03/01/2004, 01/01/2008
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