Tenn. Comp. R. & Regs. 0400-06-01-.03 - DEFINITIONS

As used in these regulations, the term:

(1) "Buying Season" shall mean that period from September 1st for green roots and September 15th for dry roots through March 31st when it is legal for ginseng dealers to purchase ginseng from ginseng collectors.

(2) "Cultivated" shall mean grown under natural or artificial shade and according to varying standards of cultivation procedures.

(3) "Department" shall mean the Tennessee Department of Environment and Conservation.

(4) "Export" shall mean to transport, ship, carry, haul, take or otherwise move wild or cultivated ginseng (said ginseng being previously collected or cultivated inside the State of Tennessee) to destination(s) outside the State of Tennessee and/or the United States.

(5) "Ginseng" shall mean the plant or any part of the plant, Panax quinquefolius L., of the Araliaceae family cultivated and/or collected within the State of Tennessee. .

(6) "Ginseng collector" shall mean any person who collects, digs, picks, pulls up, cuts, uproots, harvests or otherwise removes any part of the ginseng plant, either wild or cultivated, from its habitat for any purpose.

(7) "Ginseng dealer" shall mean any person who purchases ginseng for the purpose of resale or any person who exports ginseng to a destination outside the State of Tennessee. This definition specifically excludes retail businesses that sell ginseng to the general public for consumption within the United States.

(8) "Permit" shall mean the ginseng dealer permit as issued by the Tennessee Department of Environment and Conservation under the authority of T.C.A. § 62-28-101.

(9) "Person" shall mean any individual, partnership, firm, organization, corporation, association, club or other entity.

(10) "Purchase" shall mean to acquire, obtain, or receive or attempt to acquire, obtain or receive by exchange of money or other valuable consideration and shall specifically include barter or exchange.

(11) "Sell", "Sale", or "Sold" shall mean to dispose of, transfer or convey or to attempt to dispose of, transfer or convey by exchange of money or other valuable consideration and shall specifically include barter or exchange.

(12) "State" shall mean the State of Tennessee.

(13) "Wild" shall mean grown under natural conditions without the use of any cultivation procedures.

Notes

Tenn. Comp. R. & Regs. 0400-06-01-.03

Original rule filed November 14, 1983; effective February 13, 1984. Amendment filed July 29, 1988; effective October 29, 1988. Repeal and new rule filed December 13, 2012; effective March 13, 2013.

Authority: T.C.A. §§ 62-28-101 et seq., 70-8-201 et seq. and 4-5-201 et seq.