Page 3 of 4§ 45.65. Transaction records.
(a) The holder of a commercial license issued under this subchapter shall maintain transaction records. The transaction records shall include the following information regarding Pennsylvania Vulnerable plant activities:
(1) The names and addresses of persons from whom the licensee purchased or otherwise acquired the Pennsylvania Vulnerable plants, and the dates of purchase or acquisition.
(2) The names and addresses of persons to whom Pennsylvania Vulnerable plants were deposited, traded, sold, transferred, bartered, exported or otherwise disposed of, and the dates upon which these activities occurred.
(3) The scientific and common names of the plants.
(4) The county of origin of the plants.
(5) A description of the form of the plants—for example, whole plant, root, seeds, green or dry.
(6) The year of harvest of the plants.
(7) The weight, destination and date of export for each shipment of the plants that are exported.
(8) A statement of whether the plants are wild or cultivated.
(9) The weight in pounds and ounces and estimated number of the plants per transaction. For the purposes of evaluating the number of ginseng plants per transaction, the estimated number of ginseng plants will be determined by taking a sample from each transaction of the number of ginseng roots in 1 pound.
(10) Other information the Department may require.
(b) The holder of a commercial license shall keep transaction records required to be maintained by this subchapter for 5 years after the occurrence of the transactions to which the records relate. The records shall be made available to the Department upon request.
(c) The holder of a commercial license to deal in ginseng shall submit a dealer quarterly report relating to transaction records, on forms provided by the Department within 15 days of the end of each quarter of the calendar year. This dealer report shall be submitted to the Department and shall contain the following information for the quarter:
(1) The date of the report.
(2) The quarter in which transactions occurred.
(3) The name, address and phone number of the licensee.
(4) The license number and date issued.
(5) The weight in pounds and ounces of wild ginseng purchased or otherwise acquired from harvesters, by county of harvest, and a statement of whether the roots were green or dried.
(6) The average price per pound paid for wild ginseng.
(7) The weight in pounds and ounces of cultivated ginseng purchased or otherwise acquired from growers, by county of harvest, and a statement of whether the roots were green or dried.
(8) The average price per pound for cultivated ginseng.
(9) The weight in pounds and ounces of ginseng purchased or otherwise acquired from other licensees, and a statement of whether the purchased or acquired ginseng was wild or cultivated and if roots were green or dried.
(10) The number of pounds and ounces of wild ginseng and of cultivated ginseng in the licensee’s possession on the reporting date.
(11) The weight in pounds and ounces of ginseng sold, traded or bartered, whether the ginseng was wild or cultivated and if roots were dried or green.
(12) The identification number of State certificates used to ship ginseng from this Commonwealth.
(13) Other information the Department may require.
(d) The holder of a commercial license to buy and sell ginseng shall submit an annual dealer report for the prior calendar year. The annual dealer report shall be completed on forms supplied by the Department and shall contain the information required in subsection (c) compiled for the previous calendar year. The report shall be submitted annually for the prior calendar year to the Department within 15 days of the beginning of the calendar year.
The provisions of this § 45.65 adopted December 4, 1987, effective January 1, 1988, 17 Pa.B. 5027; amended June 18, 1993, effective June 19, 1993, 23 Pa.B. 2816. Immediately preceding text appears at serial pages (123467) to (123468).
§ 45.66. Inspection and review.
The licensee shall make available for inspection by the Department transaction records and Pennsylvania Vulnerable plant materials to be sold, traded, bartered or exported and that are on the premises. The records shall be made available for copying by the Department.
§ 45.67. Transfer of license prohibited.
A commercial license is nontransferable.
§ 45.68. Revocation.
(a) The Department may revoke a commercial license it has issued, for good cause. Good cause includes, but is not limited to, the following factors:
(1) Failure to comply with this chapter or the act.
(2) Failure to comply with a term or condition of the license.
(b) A person whose commercial license has been revoked is not eligible to apply for, and may not obtain, another commercial license for a period of 2 years from the date of revocation.
§ 45.69. Vulnerable plant harvest seasons and conditions.
(a) A person may not harvest ginseng except in compliance with applicable law, this chapter and the following restrictions:
(1) A person may harvest ginseng plants only from August 1 through November 30.
(2) Only mature ginseng plants with at least three leaves of five leaflets each may be harvested and only when the seeds are red.
(3) Persons harvesting ginseng plants shall plant the seeds from the plants in the immediate vicinity of the collection site.
(b) A person may not possess harvested, green ginseng roots between April 1 and August 1 of a calendar year.
(c) A person may not harvest Pennsylvania Vulnerable plants other than ginseng except in compliance with applicable law, this chapter and the following restrictions:
(1) A person may harvest the plants only if they are mature and the current year’s seeds have matured.
(2) A person harvesting the plants shall plant the seeds from the plants in the immediate vicinity of the collection site.
(3) A person may not harvest the plants in a way that will harm the species’ ability to perpetuate itself successfully.
(d) The permitted harvesting of Pennsylvania Vulnerable plants includes picking, taking, digging, disturbing and possessing the plants if the activities are necessary to legally harvest the plants. Possession of legally taken Pennsylvania Vulnerable plants is permitted.