N.D. Admin Code 7-04-03-03 - Sale or shipment of cultivated ginseng

1. Any grower that harvests ginseng shall report the harvest to the commissioner, as required by United States fish and wildlife service.

2. All ginseng roots intended for sale must be certified by the commissioner on report forms. Certification must include inspection of roots to ensure maturity and weight of each shipment. The commissioner may charge a fee of not more than five dollars for the ginseng forms.

3. Any grower or dealer holding unsold ginseng after December thirty-first of the year of harvest shall notify the commissioner. The commissioner shall weigh the remaining ginseng and provide certification report of remaining ginseng. This report is used for future certificate of ginseng.

4. Except as provided in subsection 8, a person may not sell or ship cultivated ginseng to a dealer or ship cultivated ginseng out of this state unless the cultivated ginseng is accompanied by a completed shipment certificate provided by the commissioner. The shipment certificate must specify the year in which the cultivated ginseng was harvested. The person selling or shipping the cultivated ginseng shall submit a report form describing to the commissioner the source of all cultivated ginseng included in the sale or shipment. The report must be within thirty days of the sale or shipment. Each person that completes a shipment certificate or report form must retain a copy for three years from the date of the sale or shipment.

5. A dealer may not purchase or receive cultivated ginseng unless it is accompanied by a 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.

6. A dealer may not purchase or receive out-of-state cultivated ginseng unless it is accompanied by a valid certificate, issued by the state of origin, certifying that the shipment consists solely of out-of-state cultivated ginseng. The certificate must include the source, year of harvest, and dry weight of the out-of-state cultivated ginseng included in the shipment. The dealer shall retain a copy of each certificate received for a period of three years from the date of receipt.

7. A person may not import out-of-state cultivated ginseng into this state unless the imported shipment is accompanied by a valid certificate issued by the state of origin. A person may not ship out-of-state cultivated ginseng using a shipment certificate issued by this state.

8. Subsection 4 does not apply to a person that sells or ships cultivated ginseng dry root to a person outside this state who is buying or receiving the cultivated ginseng dry root solely for the purpose of final retail sale to consumers in the United States, if the person selling or shipping keeps a record of the sale or shipment which includes 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 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 shipment.

e. The year in which the cultivated ginseng dry root was harvested.

Notes

N.D. Admin Code 7-04-03-03

Adopted by Administrative Rules Supplement 373, July 2019, effective 7/1/2019.

General Authority: NDCC 4.1-17-01

Law Implemented: NDCC 4.1-17-01