When used in this Part, the following words shall have the indicated meanings:

a. Certification means the ginseng carries a certificate of origin issued, in triplicate, by the Department of Environmental Conservation, which allows the export from New York of ginseng legally collected from the wild or cultivated in New York.

b. Collector means one who collects ginseng in New York State.

c. Collecting means cutting, gathering, rooting, serving, injuring, destroying, removing, or carrying away any ginseng plants or parts thereof.

d. Commissioner means the commissioner of the Department of Environmental Conservation.

e. Cultivated ginseng means ginseng other than that found growing naturally in the wild. Cultivated ginseng is grown in prepared beds or patches under natural or artificial conditions and is manipulated by standard or other appropriate ginseng horticultural or agricultural practices.

f. Department means the New York State Department of Environmental Conservation.

g. Export means to transport, ship, carry, haul, take or otherwise remove ginseng from New York State.

h. Ginseng means the roots and/or aerial parts in whole, part, or in any form, of American ginseng, Panax quinquefolius Linnaeus.

i. Ginseng dealer means any person who barters, trades, purchases or otherwise conveys ginseng for resale or export including retailers who buy ginseng from collectors.

j. Green ginseng means fresh ginseng root(s) that has not been intentionally subjected to a drying process and from which most natural moisture has not been removed by drying.

k. Non-New York ginseng means ginseng not grown or collected within the borders of the State of New York.

l. Purchase or buy means to acquire, obtain, or receive ginseng or to attempt to acquire, obtain or receive ginseng by the exchange of money or other valuable consideration and specifically includes barter or exchange.

m. Sell or sale means to dispose of, transfer or convey ginseng or attempt to dispose of, transfer or convey ginseng by exchange of money or other valuable consideration and specifically includes barter or exchange.

n. State inspector means any department employee who has been designated by the commissioner to weigh and certify ginseng roots.

o. Wild ginseng means any ginseng grown naturally in New York State, which is not cultivated ginseng. Such wild ginseng occurs in naturally perpetuated habitat, where the species is naturally propagated or with only limited planting of local wild seed by people, and no subsequent tending of the species or habitat before harvest.

§193.5 Collection, sale and conservation of New york ginseng

a. Season.

1. Wild ginseng may be collected only between September 1st and November 30th of any year.

2. The purchase from collectors or sale to dealers of green wild ginseng between the 1st day of January and the 31st day of August is prohibited.

3. Dry ginseng may not be purchased or sold during the period of April 1st to September 15th in any year unless previously weighed and recorded by the State by March 31st.

b. Maturity.

1. Only wild ginseng plants with at least three five-leaflet leaves (prongs) may be collected.

2. No wild plant with green, unripe fruit and immature seeds may be collected.

3. All seeds from collected wild ginseng plants must be planted, in mineral soil to the depth of the thickness of the seed within 50 feet of the place of collection, immediately after collection.