Acknowledgements
Title 3 – Department of Conservation
Division 10 – Conservation Commission
Chapter 4 – Wildlife Code: General Provisions
Proposed Amendment
Proposed Amendment
(1) Any person harvesting, transporting, possessing, buying, selling, importing, or exporting ginseng (Panax quinquefolium) in any manner, or attempting any of these acts, must obtain and have on his/her person the prescribed permit, temporary permit authorization number(s), or evidence of exemption as specified in this rule, 3 CSR 10-10.800, or 3 CSR 10-10.810. The temporary permit authorization number(s) and picture identification must be carried at all times while exercising privileges related to ginseng until the actual permit(s) is received. Harvesting means the collecting, picking, or digging of any part (including seeds and roots) of a ginseng plant. Harvested ginseng roots in wet or dry form shall be classified as a product made from an endangered species of plant as defined in section 252.240 RSMo and is listed in the "Appendices on the Convention on International Trade in Endangered Species of Wild Fauna and Flora." The possession of harvested uncertified ginseng roots shall constitute an acknowledgment that possession is with the intent to sell a product made from an endangered species of plant.
[(1)](2) [Wild g]Ginseng [(Panax quinquefolium) ]may be harvested and transported by the holder of the prescribed ginseng harvester permit or by landowners as prescribed section (5) of this rule from September 1 through December 31. [Wild ginseng]All ginseng plants or roots harvested must possess three (3) or more true leaves (prongs). The entire stalk, minus the mature fruits, shall be kept with the plants until they are taken to the harvester’s home or place of business. When harvesting [wild ]ginseng, [harvesters]the harvester shall plant all seeds from harvested plants within one hundred feet (100') of the parent plants. [Plants or roots of wild ginseng taken in Missouri, or acquired from outside the state, may be purchased, sold, transported, or exported]Uncertified ginseng plants or roots harvested by the permittee or by landowners as prescribed in section (5) of this rule may be possessed, transported, or sold in dried form only from September 15 through March 15; provided, wet or undried roots may be [purchased]possessed, sold, or transported[, or exported] only from September 1 through March 15[ and certified roots may be possessed, purchased, sold, transported, or exported throughout the year in accordance with this rule]. Uncertified ginseng plants or roots may be possessed, transported, or sold only by the harvester of the plants or roots and may not be exported from the state. Uncertified ginseng plants or roots may be sold or given away only to the holder of a Missouri ginseng dealer permit. Except as specifically provided in 3 CSR 10-10.800, 3 CSR 10-10.805, and 3 CSR 10-10.810, no person may possess or transport uncertified ginseng plants harvested by another person. The holder of a valid ginseng harvester permit or landowner as prescribed in section (5) of this rule may sell or give away certified ginseng plants or roots to any person throughout the year, but only the plants or roots personally harvested by him/her during the prescribed ginseng harvest season.
[(2)](3) [Wild and cultivated Missouri ginseng]Ginseng plants or roots exported from the state must be accompanied by a numbered certificate of origin on forms provided by the department. Roots may be imported from other states, territories, or countries and transported within Missouri, but only when possession is accompanied[ with] by the appropriate certification of origin issued by the state, territory, or country the ginseng originated from. Uncertified roots that have been received from outside the state must be [returned to that state for certification within thirty (30) days of receipt] reported to a conservation agent immediately upon receipt and disposed of only in accordance with their instructions. Except for uncertified ginseng plants or roots possessed, bought, sold, or obtained in accordance with section (2) of this rule or 3 CSR 10-10.810(2), all ginseng plants or roots possessed, bought, sold, or obtained in Missouri must be accompanied by a numbered certificate of origin on forms provided by the department or the appropriate certification of origin issued by the state, territory, or country the ginseng originated from. Certificate of origin forms are issued for specific and indivisible weights of ginseng and may be obtained from a conservation agent for a fee of twenty-five dollars ($25) for each certificate issued. Certification fees must be paid prior to the issuance of a certification of origin form.[Uncertified Missouri wild roots may be possessed only from September 1 through March 15.] Certified ginseng plants or roots may be bought, obtained, or possessed without permit by any person throughout the year, except certified ginseng plants and roots may be bought, obtained, or possessed for resale only as specifically authorized by 3 CSR 10-10.800, 3 CSR 10-10.805, and 3 CSR 10-10.810.
[(3) Any person, group, or business that purchases ginseng roots in Missouri for resale must register annually with the department as a ginseng dealer, and submit quarterly reports of all transactions within fifteen (15) days of the preceding buying period and an annual report of inventory, on forms provided by the department. Printed copies of these forms can be obtained from the Missouri Department of Conservation, PO Box 180, Jefferson City, MO 65102-0180 and online at www.missouriconservation.org. Annual registration shall be contingent upon compliance with this rule and receipt of the required reports. All records required by this rule shall be retained for three (3) years.]
(4) [Any person, group or business that purchases ginseng roots in Missouri for resale, but is registered as a ginseng dealer in another state and does not purchase or sell ginseng roots from an address in the state, is not required to register with the department as a ginseng dealer.]Ginseng is designated an endangered species of plant as defined in section 252.240 RSMo and is listed in the "Appendices on the Convention on International Trade in Endangered Species of Wild Fauna and Flora." Ginseng may not be harvested from lands owned or leased by the commission, except by the holder of a Letter of Authorization for Plant Collecting as authorized by 3 CSR 10-11.110 and may not be harvested without the permission of the property owner on all other lands located within Missouri, including those lands owned or controlled by other government entities. Ginseng seeds may be collected without permit from lands other than those owned or leased by the commission when the remainder of the plant or root is not harvested, but only with the permission of the property owner. Legally obtained ginseng seeds may be possessed, transported, bought, sold, imported, or exported without permit by any person throughout the year.
(5) Resident and nonresident landowners as defined in 3 CSR 10-20.805 may harvest, possess, transport, sell, or export ginseng harvested from the landowner’s qualifying property without a ginseng harvester permit, but only in accordance with sections (1) through (3) of this rule. Landowners selling or giving away uncertified ginseng harvested or possessed in accordance with this section, shall first obtain a landowner harvest authorization number from the department, and shall provide their landowner harvest authorization number to the Missouri ginseng dealer obtaining the ginseng at the time of transfer or sale.
(6) This rule shall not apply to commercially manufactured food products or dietary supplements containing ginseng as an ingredient, and such items may be possessed, transported, bought, sold, imported, or exported without permit by any person throughout the year.
AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section 252.040, RSMo 2016.* Original rule filed Aug. 29, 1983, effective Jan. 1, 1984. For intervening history, please consult the Code of State Regulations. Amended: Filed February 23, 2024.
PRIVATE COST: This proposed amendment will cost private entities two hundred seventy-five dollars ($275) annually in the aggregate.
NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with Regulations Committee Chairman, Department of Conservation, P.O. Box 180, Jefferson City, MO 65102-0180, or via the department’s website at https://short.mdc.mo.gov/Z49. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. No public hearing is scheduled.
FISCAL NOTE
PUBLIC COST
I. Department Title: Department of Conservation
Division Title: Title 10 – Conservation Commission
Chapter Title: Chapter 4 – Wildlife Code: General Provisions
| Rule Number and Name: | 3 CSR 10-4.113 Ginseng |
| Type of Rulemaking: | Proposed Amendment |
II. SUMMARY OF FISCAL IMPACT
| Affected Agency or Political Subdivision | Estimated Cost of Compliance in the Aggregate |
| Missouri Department of Conservation | $1,493.75 (one-time cost) |
III. WORKSHEET
The department’s permit system vendor estimates it will be a one-time cost of $5,975 for the development of a new template, or changes to the ginseng certification product to allow it to issue a unique permit number for each certification issued. This estimated cost is required for the ginseng certifications required by this rule and the proposed rule 3 CSR 10-10.810. It is estimated that 25% of the certifications completed by conservation agents will be requested by ginseng harvesters to comply with this rule.
$5,975 (total cost to develop a new template in the department’s permit system to complete ginseng certifications) X 25% (number of certifications requested by ginseng harvesters to comply with this rule) = $1,493.75 (one-time cost to comply with this rule)
- ASSUMPTIONS
This estimate assumes that 25% of the ginseng certifications will be requested by ginseng harvesters to comply with this rule. Fiscal impact to certification requirements for Ginseng Dealers are quantified in the fiscal note for the Proposed Rule to 3 CSR 10-10.810.
FISCAL NOTE
PRIVATE COST
- Department Title: Department of Conservation
Division Title: Division 10 - Conservation Commission
Chapter Title: Chapter 4 - Wildlife Code: General Provisions
| Rule Number and Title: | 3 CSR 10-4.113 Ginseng |
| Type of Rulemaking: | Proposed Amendment |
II. SUMMARY OF FISCAL IMPACT
| Estimate of the number of entities by class which would likely be affected by the adoption of the rule: | Classification by types of the business entities which would likely be affected: | Estimate in the aggregate as to the cost of compliance with the rule by the affected entities: |
| Estimated 11 certifications issued for ginseng to Ginseng Harvesters each year | Botanical trade | $275 annual aggregate |
III. WORKSHEET
11 (certifications issued to Ginseng Harvesters) x $25 (cost of certification) = $275 annual aggregate.
- ASSUMPTIONS
The previous five-year annual average number of ginseng certifications issued is 43. It is estimated that 75% of these certifications will be requested by Ginseng Dealers and 25% will be requested by Ginseng Harvesters. Fiscal impact to certification requirements for Ginseng Dealers are quantified in the fiscal note for the Proposed Rule to 3 CSR 10-10.810. Because ginseng certifications are indivisible, the quantity of certifications issued to Ginseng Harvesters has been rounded to the nearest whole number.