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Kentucky Ginseng Laws (linked from LRC)
KRS 246.650 (pdf)
KRS 246.655 (pdf)
KRS 246.660 (pdf)
KRS 246.990 (pdf) (Section 8 deals with Ginseng penalties)
302 KAR 45:010 (pdf)
246.650 Definitions for KRS 246.660.
As used in KRS 246.660, unless the context clearly requires otherwise:
(1) "Harvest" means to take any part of the ginseng plant while the plant is living; and
(2) "Ginseng" means any part of the American ginseng plant known as Panax quinquefolius.
Effective: June 8, 2011
History: Amended 2011 Ky. Acts ch. 15, sec. 1, effective June 8, 2011. -- Created 1982
Ky. Acts ch. 415, sec. 1, effective July 15, 1982.
246.655 Kentucky ginseng fund.
(1) There is hereby established in the State Treasury a separate trust and agency account to be known as the Kentucky ginseng fund to be administered by the Department of Agriculture.
(2) Moneys in this fund shall be used to help administer the ginseng program as provided by KRS 246.660.
(3) Notwithstanding KRS 45.229, any moneys remaining in the fund at the close of the fiscal year, including interest, shall not lapse but shall be carried forward into the succeeding fiscal year to be used for the purposes set forth in this section.
(4) The fund may receive gifts, grants, federal funds, and any other funds both public and private.
Effective: June 8, 2011
History: Created 2011 Ky. Acts ch. 15, sec. 3, effective June 8, 2011.
246.660 Department to administer program for ginseng -- Regulations.
(1) (a) The department shall administer a program for ginseng in Kentucky which provides a framework, including a limited harvesting season, in which ginseng shall be eligible for exportation in compliance with federal requirements.
(b) Information relating to the purchase or sale of ginseng that is furnished to or acquired by the department shall constitute proprietary information and not be subject to public disclosure, except to the extent the department deems necessary in any administrative or judicial proceeding involving the administration or enforcement of its administrative regulations.
(2) (a) The department shall promulgate administrative regulations to carry out this program and may enter into agreements with any other agency of this state, any other state, or the federal government to carry out this program.
(b) The department shall establish licensing requirements for dealers of ginseng.
(c) The department shall promulgate administrative regulations relating to the ginseng program that establish:
1. A comprehensive set of administrative violations and civil penalties, each not to exceed one thousand dollars ($1,000); and
2. The procedure for the suspension or revocation of any license or certificate issued by the department.
Effective: June 08, 2011
History: Amended 2011 Ky. Acts ch. 15, sec. 2, effective June 8, 2011. -- Created 1982
Ky. Acts ch. 415, sec. 2, effective July 15, 1982.
(1 - 7 and 9 of this chapter are not related to ginseng)
(8) (a) Any person who purchases ginseng knowing that the ginseng was taken, acquired, possessed, sold, transported, or purchased in violation of administrative regulations authorized under KRS 246.660 shall be guilty of a Class A misdemeanor.
(b) The Commissioner or any peace officer may seize and take possession of any ginseng taken, acquired, possessed, sold, transported, or purchased by a person committing a violation of administrative regulations authorized under KRS 246.660. Any ginseng seized in accordance with this paragraph shall be impounded by the arresting officer and shall be taken before the court trying the person arrested.
(c) Upon conviction, the court trying the case shall have the discretion of determining whether any of the ginseng seized under paragraph (b) of this subsection shall be declared contraband. Any ginseng seized under paragraph (b) of this subsection is subject to being declared contraband. If any ginseng is declared contraband, the court shall enter an order accordingly. A copy of the order shall be forwarded to the Commissioner, and the ginseng shall be placed in the custody of the arresting officer, to be delivered to the Commissioner.
(d) The Commissioner may sell, at the highest market price obtainable, with the approval of the Governor and Finance and Administration Cabinet, all contraband ginseng which comes into his or her possession under the order of any court. All proceeds arising from the sale of contraband ginseng shall be paid into the Kentucky ginseng fund established in KRS 246.655. A record of the sale, including the name of the purchaser and the price paid, shall be kept by the Commissioner.