W. Va. Code R. § 22-1-2 - Definitions

2.1. "Certified" means the ginseng that carries a certificate of origin issued by the Director which allows for the export of legally harvested ginseng from West Virginia;

2.2. "Commercial use" means to sell or to use ginseng for financial gain;

2.3. "Cultivated ginseng" means ginseng that is purposefully planted in beds under artificial shade using standard horticultural practices, such as mechanical tillage, fertilization, weed control, irrigation and/or pesticides;

2.4. "Dealer" means a person who purchases ginseng for purposes of commercial use;

2.5. "Digger" means a person who digs, collects or gathers wild ginseng by searching woodlands to find the plants;

2.6. "Director" means the Director of the Division of Forestry;

2.7. "Division" means the Division of Forestry;

2.8. "Export" means the movement of ginseng from state to state as well as sending it abroad;

2.9. "Ginseng" means whole, sliced or parts of roots of cultivated ginseng, woods grown ginseng, wild simulated ginseng and wild ginseng, excluding manufactured parts, products, and derivatives, such as powders, pills, extracts, tonics, teas and confectionary;

2.10. "Ginseng bed" means any area of forest that is cultivated, plowed, rototilled, or otherwise has a seedbed prepared for the planting of ginseng seed, roots, or plants;

2.11. "Green ginseng" means a fresh wild, wild simulated, or woods grown ginseng root that has not been intentionally subjected to a drying process and from which most natural moisture has not been removed by drying;

2.12. "Grower" means a person who purposefully plants and grows cultivated ginseng, woods grown ginseng or wild simulated ginseng for purposes of commercial use: Provided, that a grower does not include a digger who plants wild ginseng seed from the wild ginseng plants he or she digs, collects or gathers;

2.13. "Harvest" means to dig, collect or gather ginseng;

2.14. "Person" means an individual, corporation, partnership, firm or association;

2.15. "Rootlets" means cultivated, woods grown or wild simulated one- to two-year-old ginseng roots commonly sold as transplants to growers;

2.16. "Wild ginseng" means Panax quinquefolius L. that is not grown or nurtured by a person regardless of the putative origin of the plants: Provided, that wild ginseng may originate from seeds planted by a digger at the same site from which the digger harvests the wild ginseng;

2.17. "Wild simulated ginseng" means ginseng that is purposefully planted in the woods without a bed being prepared and without the use of any chemical weed, disease or pest control agents;

2.18. "Woods grown ginseng" means ginseng that is purposefully planted in beds prepared in the woods in a manner that uses trees to provide necessary shade and that may be grown with the use of chemical or mechanical weed, disease or pest control agents.

Notes

W. Va. Code R. § 22-1-2