Mo. Code Regs. tit. 3 § 10-10.810

Current through Register Vol. 49, No. 21, November 1, 2024.

Section 3 CSR 10-10.810 - [Effective 7/1/2025] Ginseng Dealers: Privileges, Recordkeeping, Reporting Requirements

PURPOSE: This rule specifies the privileges that may be exercised by Missouri ginseng dealers and the recordkeeping and reporting requirements they must follow for all ginseng transactions.

(1) For the purposes of this Code, the term ginseng dealer(s) shall mean ginseng dealers permitted in Missouri. Ginseng dealers may buy, sell, obtain, possess, transport, import, and export ginseng plants or roots and possess such plants and roots for resale, but only in accordance with this rule, 3 CSR 104.113, 3 CSR 10-10.800, and 3 CSR 10-10.805. Harvested ginseng roots in wet or dry form shall be classified as a product made from an endangered species of plant as defined in 252.240, RSMo, and is listed in the "Appendices on the Convention on International Trade in Endangered Species of Wild Fauna and Flora." The acceptance of a ginseng dealer permit shall constitute an acknowledgment that the possession of ginseng roots in any quantity is with the intent to sell a product made from an endangered species of plant.

(2) Ginseng dealers may buy, obtain, possess, and transport uncertified ginseng roots from the holder of a valid Missouri ginseng harvester permit or from a landowner with a landowner harvest authorization number in dried form only from September 15 through March 15, provided wet or undried roots may be bought, obtained, possessed, and transported only from September 1 through March 15. Uncertified harvested ginseng plants or roots may be possessed only from September 1 through March 15.

(3) Certified ginseng plants or roots may be bought, obtained, transported, possessed for sale, exported, or sold by a ginseng dealer throughout the year. Ginseng plants or roots exported from the state by a ginseng dealer 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 possessed and transported within Missouri for resale by a ginseng dealer, 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 by a ginseng dealer from outside the state must be reported to a conservation agent immediately upon receipt and disposed of only in accordance with the agent's instructions. Except for uncertified ginseng plants or roots possessed, bought, sold, or obtained in accordance with section (2) of this rule, all ginseng plants or roots possessed, bought, sold, or obtained by a ginseng dealer 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.

(4) Each ginseng dealer shall keep an up-to-date, accurate record of all transactions made concerning ginseng plants or roots. For each transaction, the name, address, and permit number and type (if applicable) of the other party to the transaction, landowner harvest authorization number (if applicable), transaction type, weight, and certificate of origin number (if applicable) shall be recorded immediately on a form provided by the department. All such records and ginseng plants or roots shall be made available for inspection by an authorized agent of the department at any reasonable time. All records required by this rule shall be retained for three (3) years.

(5) Each ginseng dealer shall submit quarterly transaction reports and annual inventory reports on forms provided by the department. Printed copies of these forms can be obtained from the Missouri Department of Conservation, PO Box 180, Jefferson City, MO 65102-0180 and online at www.missouriconservation.org. Quarterly reports shall include all transactions in ginseng roots for the three (3) months preceding January, April, July, and October of the current year and an inventory of all ginseng roots held in storage after March 15. Quarterly reports shall be submitted by the 15th day of January, April, July, and October of the current year, and annual inventory reports shall be submitted by April 1 of the current year.

(6) Permits shall be contingent upon compliance with this rule. Failure to comply with this rule, or to submit quarterly transaction reports or an annual inventory report, shall be sufficient cause for the department to revoke the current year's ginseng dealer permit and deny renewal of the permit for the following year.

3 CSR 10-10.810

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