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2019 Tennessee Code
Title 70 - Wildlife Resources
Chapter 8 - Species Protection and Conservation
Part 2 - Ginseng Harvest Season
§ 70-8-204. Prohibited activities.

Universal Citation: TN Code § 70-8-204 (2019)
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  • (a) It is unlawful for any person to dig, harvest, collect or remove wild ginseng from any land for the purpose of sale or export, on any date not within the wild ginseng harvest season established by § 70-8-203.

  • (b) It is unlawful for any person to dig, harvest, collect or remove from any land, for the purpose of sale or export, any wild ginseng plant that has green berries or that has less than three (3) prongs.

  • (c) It is unlawful for any person who has dug, harvested, collected or removed wild ginseng from any land for the purpose of sale or export to:

    • (1) Remove the berries of the wild ginseng from the approximate location from which the wild ginseng was dug, harvested, collected or removed; or

    • (2) Fail, immediately after such digging, harvest, collection or removal, to plant the berries of the wild ginseng in the approximate location from which the wild ginseng was dug, harvested, collected or removed.

  • (d) It is unlawful to sell or offer for sale wild or cultivated ginseng that was harvested or collected from any state other than Tennessee unless such ginseng has been certified or otherwise approved for export by the state from which the ginseng was harvested, collected, or removed. A certificate shall accompany all wild and cultivated ginseng from other states showing that it has been certified and approved for export.

  • (e) It is unlawful for any person, without permission of the landowner, to enter the property of the landowner and dig, harvest, collect, or remove wild or cultivated ginseng. This subsection (e) shall not apply to any employee or contractor of the federal government or of the state or of any political subdivision of the state engaged in any type of planning, construction, or maintenance work upon any proposed or existing federal, state, county, or other public road or highway, or highway right-of-way, while performing such work in the course of employment or contract work with the federal, state, or local government.

  • (f) It is unlawful for any person to knowingly dig, harvest, collect or remove wild ginseng from any land that such person does not own, on any date not within the wild ginseng harvest season established by § 70-8-203.

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