a. All New York ginseng intended for export must be certified by the department, on forms provided by the department, before export from the State. Certification must include: date of harvest, weight of ginseng, designation of cultivated or wild, whether ginseng is green or dry, dealer's signature, State inspector's signature, date of certification, shipment number, dealer's registration number, and certification number. Inspection of ginseng to verify plant maturity will be made at this time of certification. Inspections will be made at department regional or suboffices in regions 2 through 9. Inspections will be made by department employees designated by the commissioner. Dealers must make appointments for inspections with department inspectors.

b. Non-New York ginseng will not be certified as New York ginseng.

§193.7 Ginseng dealers

a. Permit. Any ginseng dealer residing in New York must obtain a dealer's permit from the department. Any nonresident ginseng dealers who purchase wild or cultivated New York ginseng must obtain a dealer's permit from the department and comply with this Part. This permit will be valid for a calendar year or as established by the department.

b. Records. All ginseng dealers must keep records, on forms furnished by the department, of all commerce in ginseng. These records must include: record number, date of purchase, name, address and phone number of the collector or ginseng dealer from whom the ginseng was purchased, date collected, designation of wild or cultivated, whether ginseng was green or dry, county and town where dug, or foreign country or other state where ginseng was originally certified and identification of original certification, weight of ginseng bought or sold in pounds and ounces, dealer registration number, other State certificate number, and signature of dealer and dealer address. These records must be kept for a period of three years and must be made available to the department upon request.

c. Reports. Dealers must report ginseng commerce to the department every 90 days. Reports are due on April 15th, July 15th, October 15th and January 15th. Reports must be made on forms furnished by the department and will cover the previous calendar quarter, except for the January report which will cover the previous calendar year.

d. Purchase. Ginseng dealers, when dealing in New York ginseng, must handle only ginseng collected in accordance with section 193.5 of this Part. Non-New York ginseng must be purchased in accordance with rules of the state or country of origin. Uncertified non-New York ginseng may not be purchased and exported.

e. Unsold ginseng. Ginseng unsold by dealers by March 31st must be weighed by the department and recorded. Future sales and certification will be issued against this weight.

§193.8 Penalties

The civil and criminal penalty provisions of Environmental Conservation Law, sections 71-4001 and 71-4003, are applicable to violations of this Part. In addition, permit modifications, suspensions or revocations will be governed by section 621.13 of this Title.