Page 2 of 23.1-1027
Wild ginseng declared threatened plant species; license; harvesting season.
The indigenous plant, Panax quinquefolius L., of the Araliaceae family, commonly referred to as ginseng, is hereby declared a threatened plant species when it occurs in the wild. All persons buying wild ginseng or otherwise accepting this plant or part thereof for resale shall be licensed to do so and shall acquire wild ginseng or parts thereof in accordance with this chapter and the rules and regulations established by the authority of this chapter. The wild ginseng harvest season shall be August 15 to December 31 annually. If any person takes wild ginseng, other than from his own land, on any other date it shall be deemed a violation of this chapter.
License required to buy threatened species; records of purchases
A. It shall be unlawful for any person to buy any threatened species or part thereof, which is listed in this chapter or rules and regulations promulgated pursuant thereto, without first obtaining a license to do so from the Commissioner. Provided, however, that the provisions of this section shall not apply to the purchase or sale of real property upon which such threatened species or part thereof may be located. Application forms shall be provided by the Commissioner and shall be completed and returned with a fee of ten dollars made payable to the Treasurer of Virginia. Licenses shall expire on December 31 annually and there shall be no abatement in the annual fee. Licenses may be revoked at any time by the Commissioner for good cause.
B. The buyer of any threatened species or part thereof shall maintain and keep records of all purchases for the preceding twelve months on forms prescribed by the Commissioner. Records shall be sent or otherwise provided to the Commissioner within thirty days following the expiration of the license. Records shall be made available to the Commissioner or his assistants during normal business hours for examination or information.
Export certificate required for export of ginseng; exception; records
All persons who have ginseng either wild or artificially propagated in any quantity and who wish to export any amount out of the Commonwealth shall obtain an export certificate from the Department of Agriculture and Consumer Services. The provisions of this paragraph shall not apply to persons exporting ginseng for personal or individual use in quantities not exceeding eight ounces in any calendar year. To obtain an export certificate, an individual shall keep accurate records of the year of harvest and the county of origin of the ginseng. In the case of dealers, a person shall keep accurate records of purchases, quantity purchased, whether the ginseng was wild or cultivated, county of origin, and the name of the seller. Such records shall be presented to the Commissioner or his assistants for inspection.
Any person who violates any provision of this chapter or the rules and regulations promulgated thereto shall be guilty of a Class 1 misdemeanor.