W. Va. Code R. § 22-1-6

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 22-1-6 - Dealer's Responsibilities

6.1. Permit - Any person, who buys wild, wild simulated, woods grown or cultivated ginseng in West Virginia shall first obtain a Ginseng Dealer's Permit from the Division. Any person, that grows wild simulated, woods grown, or cultivated ginseng and directly exports the ginseng from the State shall also obtain a Ginseng Dealer's Permit.

6.2. The Division may not certify any ginseng between the first day of January through the 31st day of March unless the person requesting the certification shows a valid dealer permit.

6.3. Reporting - Authorized ginseng dealers in West Virginia shall report their ginseng commerce to the Division every thirty (30) days between September 1 and March 31 and submit a final report prior to April 15 of each calendar year on forms prescribed by the Division. This form shall include the following:

6.3.1. An original dealer's signature certifying the statements on the form;

6.3.2. The date of the transaction;

6.3.3. Whether the roots were wild, cultivated, woods grown, or wild simulated;

6.3.4. Whether the roots were dried or green (fresh) at time of transaction;

6.3.5. The weight of the roots;

6.3.6. The county of origin of the roots;

6.3.7. Identification numbers of the State certificates used to ship ginseng from the State;

6.3.8. The name, mailing address, physical address, and phone number of the seller or buyer of record of the ginseng maintained by the dealer on his or her commerce record forms supplied by the states of licensing, and made available to the State ginseng program managers if requested; and

6.3.9. Inspection and certification by State personnel of all ginseng harvested in the State to authenticate that the ginseng was legally taken from wild, wild simulated, woods grown or cultivated sources within the State.

6.4 All reports are due within fifteen (15) days after the close of the reporting period.

6.5 Certifying - Ginseng dealers shall include a West Virginia Export Certificate, numbered by the Division, with each shipment of ginseng they export from the State. This certificate shall remain with the ginseng.

6.6 Length of time for record retention -Dealers shall maintain the commerce records for a period often (10) years.

W. Va. Code R. § 22-1-6