CHAPTER 4-39
CULTIVATED GINSENG
4-39-01. Definitions. In this chapter, unless the context otherwise requires:
1.
"Commissioner" means the agriculture commissioner.
2.
"Cultivated ginseng" means ginseng dry root, live root, tissue culture, or seed<br>propagated in this state.
3.
"Dealer" means a person who buys cultivated ginseng for the purpose of resale.<br>The term does not include a person who buys cultivated ginseng dry root, solely for<br>the purpose of final retail sale to consumers in the United States.
4.
"Ginseng" means Panax quinquefolius L.
5.
"Grower" means a person who grows cultivated ginseng and who sells cultivated<br>ginseng to a dealer.
6.
"Out-of-state cultivated ginseng" means cultivated ginseng grown or nurtured<br>outside this state.
4-39-02. Growers and dealers - Registration - Fees. A person who desires to act as a
grower or a dealer shall register with the commissioner on a form provided by the commissioner.<br>A person who acts as a dealer and a grower shall register as both. Each dealer shall pay a<br>registration fee of twenty-five dollars. Each grower shall pay a registration fee of ten dollars. The<br>fee must be submitted with the registration form. The commissioner shall assign a registration<br>number to each person registered. Each dealer's registration is valid for one year from the date<br>of issuance. Each grower's registration is valid for two years from the date of issuance.
4-39-03. Sale or shipment of cultivated ginseng.
1.
Upon request, the commissioner shall provide each registered grower and dealer<br>with shipment certificates and report forms. The commissioner shall stamp each<br>shipment certificate and report form with the registration number of the grower or<br>dealer who requests the form. A shipment certificate and report form is valid only if<br>used during the registration period for which the stamped registration number of the<br>grower or dealer is issued. The commissioner may charge a fee not exceeding five<br>dollars to recover the costs related to providing shipment certificates and report<br>forms.
2.
Except as provided in subsection 6, no person may sell or ship cultivated ginseng to<br>a dealer or ship cultivated ginseng out of this state unless the cultivated ginseng is<br>accompanied by a completed shipment certificate provided by the commissioner.<br>The shipment certificate must specify the year in which the cultivated ginseng was<br>harvested.
The person selling or shipping the cultivated ginseng shall submit a
report form describing to the commissioner the source of all cultivated ginseng<br>included in the sale or shipment. The report must be within thirty days after the sale<br>or shipment. Each person who completes a shipment certificate or report form must<br>retain a duplicate copy for three years from the date of the sale or shipment.
3.
No dealer may purchase or receive cultivated ginseng unless it is accompanied by a<br>completed shipment certificate.
A dealer shall retain a copy of each shipment
certificate received for a period of three years from the date of receipt.
4.
No dealer may purchase or receive out-of-state cultivated ginseng unless it is<br>accompanied by a valid certificate, issued by the state of origin, certifying that the<br>shipment consists solely of out-of-state cultivated ginseng.
The certificate must
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include the source, year of harvest, and dry weight of the out-of-state cultivated<br>ginseng included in the shipment. The dealer must retain a copy of each certificate<br>received for a period of three years from the date of receipt.
5.
No person may import out-of-state cultivated ginseng into this state unless the<br>imported shipment is accompanied by a valid certificate issued by the state of origin.<br>No person may ship out-of-state cultivated ginseng using a shipment certificate<br>issued by this state.
6.
Subsection 2 does not apply to a person who sells or ships cultivated ginseng dry<br>root to a person outside this state who is buying or receiving the cultivated ginseng<br>dry root solely for the purpose of final retail sale to consumers in the United States, if<br>the person selling or shipping keeps a record of the sale or shipment which includes<br>the following:
a.
The name and address of the purchaser or recipient.
b.
The dry weight of the cultivated ginseng dry root included in the sale or<br>shipment.
c.
The date of the sale or shipment.
d.
The source of all of the cultivated ginseng dry root included in the sale or<br>shipment.
e.
The year in which the cultivated ginseng dry root was harvested.
4-39-04. Inspection or submission of records. Each dealer or grower shall make all
records, including records that are located outside of this state, required to be kept under this<br>chapter available for inspection or copying by the commissioner upon the commissioner's<br>request.
4-39-05. Certain records not public information. Documents and records relating to
transactions in cultivated ginseng dry root submitted to the commissioner pursuant to this chapter<br>by a grower or dealer are not public information.
4-39-06. Enforcement actions. The commissioner may deny, suspend, or revoke the
registration of any dealer or grower and may invalidate shipment certificates completed by the<br>dealer or grower, if the commissioner finds that the dealer or grower has violated this chapter.<br>The commissioner may, without prior notice or hearing, suspend or invalidate the registration and<br>shipment certificates of a dealer or grower if the commissioner finds that there is a need for<br>immediate action to prevent a violation of this chapter. Any action of the commissioner pursuant<br>to this section must be in writing. Any person who receives a notice under this section is entitled<br>to a hearing before the commissioner if requested within ten days after receipt of the notice.<br>Hearings must be conducted within ten days after receipt of a request for the hearing.<br>Enforcement of any action may not be stayed pending the hearing.
4-39-07. Penalties.
1.
A person who violates this chapter, or rules adopted to implement this chapter, is<br>guilty of an infraction.
2.
A person who violates this chapter, or rules adopted to implement this chapter, is<br>subject to a civil penalty not to exceed five hundred dollars. The civil penalty may be<br>adjudicated by the courts or by the commissioner through an administrative hearing<br>pursuant to chapter 28-32.
3.
The commissioner may maintain an appropriate civil action in the name of the state<br>against any person violating this chapter or rules adopted to implement this chapter.
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Document Outline
chapter 4-39 cultivated ginseng
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