Mo. Code Regs. tit. 3 § 10-4.113

Current through Register Vol. 49, No. 19, October 1, 2024

Section 3 CSR 10-4.113 - [Effective 7/1/2025] Ginseng

PURPOSE: This rule establishes certain requirements for possession and trade in the medicinal plant ginseng. These requirements are necessary to secure federal approval for export of ginseng, in which trade is restricted under the Convention on International Trade in Endangered Species. The principal market for ginseng is China and other Asian countries.

(1) Any person harvesting, transporting, possessing, buying, selling, importing, or exporting ginseng (Panax quinquefolium) in any manner, or attempting any of these acts, must obtain and have on his/her person the prescribed permit, temporary permit authorization number(s), or evidence of exemption as specified in this rule, 3 CSR 10-10.800, or 3 CSR 10-10.810. The temporary permit authorization number(s) and picture identification must be carried at all times while exercising privileges related to ginseng until the actual permit(s) is received. Harvesting means the collecting, picking, or digging of any part (including seeds and roots) of a ginseng plant. Harvested ginseng roots in wet or dry form shall be classified as a product made from an endangered species of plant as defined in section 252.240, RSMo, and is listed in the "Appendices on the Convention on International Trade in Endangered Species of Wild Fauna and Flora." The possession of harvested uncertified ginseng roots shall constitute an acknowledgment that possession is with the intent to sell a product made from an endangered species of plant.

(2) Ginseng may be harvested and transported by the holder of the prescribed ginseng harvester permit or by landowners as prescribed in section (5) of this rule from September 1 through December 31. All ginseng plants or roots harvested must possess three (3) or more true leaves (prongs). The entire stalk, minus the mature fruits, shall be kept with the plants until they are taken to the harvester's home or place of business. When harvesting ginseng, the harvester shall plant all seeds from harvested plants within one hundred feet (100') of the parent plants. Uncertified ginseng plants or roots harvested by the permittee or by landowners as prescribed in section (5) of this rule may be possessed, transported, or sold in dried form only from September 15 through March 15, provided wet or undried roots may be possessed, sold, or transported only from September 1 through March 15. Uncertified ginseng plants or roots may be possessed, transported, or sold only by the harvester of the plants or roots and may not be exported from the state. Uncertified ginseng plants or roots may be sold or given away only to the holder of a Missouri ginseng dealer permit. Except as specifically provided in 3 CSR 1010.800, 3 CSR 10-10.805, and 3 CSR 10-10.810, no person may possess or transport uncertified ginseng plants harvested by another person. The holder of a valid ginseng harvester permit or landowner as prescribed in section (5) of this rule may sell or give away certified ginseng plants or roots to any person throughout the year, but only the plants or roots personally harvested by him/her during the prescribed ginseng harvest season.

(3) Ginseng plants or roots exported from the state must be accompanied by a numbered certificate of origin on forms provided by the department. Roots may be imported from other states, territories, or countries and transported within Missouri, but only when possession is accompanied by the appropriate certification of origin issued by the state, territory, or country the ginseng originated from. Uncertified roots that have been received from outside the state must be reported to a conservation agent immediately upon receipt and disposed of only in accordance with their instructions. Except for uncertified ginseng plants or roots possessed, bought, sold, or obtained in accordance with section (2) of this rule or 3 CSR 10-10.810(2), all ginseng plants or roots possessed, bought, sold, or obtained in Missouri must be accompanied by a numbered certificate of origin on forms provided by the department or the appropriate certification of origin issued by the state, territory, or country the ginseng originated from. Certificate of origin forms are issued for specific and indivisible weights of ginseng and may be obtained from a conservation agent for a fee of twenty-five dollars ($25) for each certificate issued. Certification fees must be paid prior to the issuance of a certification of origin form. Certified ginseng plants or roots may be bought, obtained, or possessed without permit by any person throughout the year, except certified ginseng plants and roots may be bought, obtained, or possessed for resale only as specifically authorized by 3 CSR 10-10.800, 3 CSR 10-10.805, and 3 CSR 10-10.810.

(4) Ginseng is designated an endangered species of plant as defined in section 252.240, RSMo, and is listed in the "Appendices on the Convention on International Trade in Endangered Species of Wild Fauna and Flora." Ginseng may not be harvested from lands owned or leased by the commission, except by the holder of a Letter of Authorization for Plant Collecting as authorized by 3 CSR 10-11.110, and may not be harvested without the permission of the property owner on all other lands located within Missouri, including those lands owned or controlled by other government entities. Ginseng seeds may be collected without permit from lands other than those owned or leased by the commission when the remainder of the plant or root is not harvested, but only with the permission of the property owner. Legally obtained ginseng seeds may be possessed, transported, bought, sold, imported, or exported without permit by any person throughout the year.

(5) Resident and nonresident landowners as defined in 3 CSR 10-20.805 may harvest, possess, transport, sell, or export ginseng harvested from the landowner's qualifying property without a ginseng harvester permit, but only in accordance with sections (1) through (3) of this rule. Landowners selling or giving away uncertified ginseng harvested or possessed in accordance with this section shall first obtain a landowner harvest authorization number from the department and shall provide their landowner harvest authorization number to the Missouri ginseng dealer obtaining the ginseng at the time of transfer or sale.

(6) This rule shall not apply to commercially manufactured food products or dietary supplements containing ginseng as an ingredient, and such items may be possessed, transported, bought, sold, imported, or exported without permit by any person throughout the year.

3 CSR 10-4.113

AUTHORITY: sections 40 and 45 of Art. I V, Mo. Const. Original rule filed Aug. 29, 1983, effective Jan. 1, 1984. Amended: Filed Aug. 3, 1984, effective Jan. 1, 1985. Amended: Filed Aug. 7, 1986, effective Jan. 1, 1987. Amended: Filed Aug. 9, 1988, effective Jan. 1, 1989. Amended: Filed Aug. 8, 1989, effective Jan. 1, 1990. Amended: Filed June 29, 1990, effective Jan. 1, 1991. Amended: Filed May 30, 1995, effective Jan. 1, 1996. Amended: Filed Dec. 29, 1997, effective May 30, 1998. Amended: Filed May 10, 1999, effective March 1, 2000. Amended: Filed April 24, 2000, effective March 1, 2001. Amended: Filed April 30, 2001, effective Sept. 30, 2001. Amended: Filed Sept. 29, 2004, effective Feb. 28, 2005. Amended: Filed Sept. 14, 2005, effective Feb. 28, 2006. Amended: Filed Oct. 10, 2008, effective March 30, 2009.

Amended by Missouri Register July 1, 2024/volume 49, Number 13, effective 7/1/2025.