TOPIC: Legal Issues concerning buying seng

Hi all, I was curious if anyone knew if it is legal to buy ginseng from a non licensed dealer(with myself being non licensed dealer as well) from someone out of state? For example, can I buy ginseng from someone off of craigslist.

Hunz

One of the two people in the transaction must be a dealer to make that a legal transaction.The reason being is that ginseng can not leave the State where it is dug unless it is certified through the Agricultral department of that State.Now in order to certify the ginseng you or him one must be a licened dealer and have that ginseng certified.At that time it will be legal for him to sell to you,or for you to sell to him that certified ginseng that you just had certified across State lines, but for him to sell to you legaly he must have the ginseng certified Hunz.

Hope this helps man,

Billy.

Given all these strict cross border requirements, I find it strange that non of the medical halls I come across displays any certificates for the Wild American ginseng that they sell. Wouldn't it make sense that they proudly display them to give customer confidence that its legally acquired ginseng, much like diamond certificates?

kman wrote:

Given all these strict cross border requirements, I find it strange that non of the medical halls I come across displays any certificates for the Wild American ginseng that they sell. Wouldn't it make sense that they proudly display them to give customer confidence that its legally acquired ginseng, much like diamond certificates?

It would to me

Billy,

FYI for KY, yes, that happens to be Dept of Ag, but the agency heading the ginseng program for each state varies almost as much as the laws do. Some states it is forestry, other Department of Natural Resources (state fish and wildlife), and, of course, others state department of agriculture.

The APHA brochures are the best first step in finding information for your particular area: www.ahpa.org/Default.aspx?tabid=154

I am not a dealer and I am getting my seng certified. All they want is total certified wieght and 4 oz with root count of the 4 oz. So what am I missing here? He is even going to drive 40 miles to meet me. This came from richmond and is legit.

I noticed the following:-

Wild ginseng collected in different harvest seasons require separate CITES exports permits issued specific to the season that the ginseng was collected in.
? Allow DMA 60 days to process your application.
? A complete original CITES export permit plus two complete copies of that permit, a complete Wild Ginseng Export Report, the original State Certificates, and a shipper's invoice are all required at the time of export. CITES export permits are valid for six months.
? For more information, contact DMA at:phone:1-800-358-2104 or 1-703-358-2104; Fax:1-703-358-2281; E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

from:-
www.fs.fed.us/outernet/r8/boone/resources/plants/expginseng.pdf

Wow..does it really take 60 days for the dealers to get the CITES export permit?

www.fws.gov/permits/instructions/ObtainPermit.html

Step 7. When will I receive my permit?

? You should allow at least 60 days for review of most permit applications.
? However, you should allow at least 90 days for review of marine mammal or endangered species applications.
? We process applications as quickly as possible, in the order received.
? If you need to check on the status of your application, please allow at least 10 days after you have submitted it before calling. Also, if applicable, have your permit file number available.

Also found an interesting exception posted by New Zealand... www.doc.govt.nz/upload/documents/about-d...al/cites-ginseng.pdf

According to this document...Wild American Ginseng from Hong Kong does not require CITES import permit...The assumption appears to be that all Wild American Ginseng into HK has already been accounted for.

If that is the case, most countries would simply source the American wild ginseng from HK and would not require any CITES permit...that may explain why no medical halls here talk about any import permits/restrictions...

Kman - very interesting links and insight. Thanks for posting!