CHAPTER 3. GINSENG
IC 14-31-3
Chapter 3. Ginseng
IC 14-31-3-1
"Buy" defined
Sec. 1. As used in this chapter, "buy" includes the following:
(1) Offer to buy.
(2) Trade or offer to trade.
(3) Barter or offer to barter.
As added by P.L.1-1995, SEC.24.
IC 14-31-3-2
"Ginseng" defined
Sec. 2. (a) As used in this chapter, "ginseng" refers to Americanginseng (Panax quinquefolius L.).
(b) The term does not include ginseng that is:
(1) ready for consumption; and
(2) sold or bought at retail.
As added by P.L.1-1995, SEC.24.
IC 14-31-3-3
"Ginseng dealer" defined
Sec. 3. (a) As used in this chapter, "ginseng dealer" means aperson who buys ginseng roots from ginseng harvesters or otherginseng dealers for resale or exportation.
(b) The term does not include a person who sells solely fordomestic consumption.
As added by P.L.1-1995, SEC.24.
IC 14-31-3-4
"Harvest season" defined
Sec. 4. As used in this chapter, "harvest season" means the seasonestablished by the commission under section 14(b)(1) of this chapter.
As added by P.L.1-1995, SEC.24. Amended by P.L.44-1999, SEC.1.
IC 14-31-3-5
"Sell" defined
Sec. 5. As used in this chapter, "sell" includes the following:
(1) Trade.
(2) Barter.
(3) Offer to sell, trade, or barter.
As added by P.L.1-1995, SEC.24.
IC 14-31-3-6
"Wild ginseng" defined
Sec. 6. As used in this chapter, "wild ginseng" means ginseng inor harvested from the ginseng's native habitat, whether the ginseng:
(1) occurs naturally from that habitat; or
(2) was introduced or increased in abundance by:
(A) sowing ginseng seed; or (B) transplanting ginseng plants from other areas.
As added by P.L.1-1995, SEC.24.
IC 14-31-3-7
Dealer's license required
Sec. 7. A person must have a license issued by the department tobe a ginseng dealer in Indiana.
As added by P.L.1-1995, SEC.24.
IC 14-31-3-8
License requirements
Sec. 8. (a) To obtain a ginseng dealer's license, a person must dothe following:
(1) Apply to the department for the license in the mannerprescribed by the department.
(2) Pay a license fee of one hundred dollars ($100) beforeAugust 15 of each year.
(b) A ginseng dealer's license expires annually on August 31.
As added by P.L.1-1995, SEC.24. Amended by P.L.186-2003,SEC.76.
IC 14-31-3-9
Summary of sales transactions; "selling season" defined
Sec. 9. (a) As used in this section, "selling season" means theseason established by the commission under section 14(b)(2) of thischapter.
(b) Each ginseng dealer shall submit a summary of all ginsengpurchased and sold by the ginseng dealer during the selling seasonto the department within thirty (30) days of the last day of the sellingseason. The summary must also contain other information and beprepared in the manner required by the department by rule.
As added by P.L.1-1995, SEC.24. Amended by P.L.44-1999, SEC.2.
IC 14-31-3-10
Harvest season; limitations
Sec. 10. (a) Wild ginseng may not be harvested except duringharvest season.
(b) Ginseng harvested in Indiana may not be possessed by aginseng harvester during the part of a year established under section14(b)(3) of this chapter, unless the department gives writtenauthorization otherwise.
(c) Ginseng harvested in Indiana may not be bought, sold, orpossessed by a ginseng dealer during the part of a year establishedunder section 14(b)(4) of this chapter, unless the department giveswritten authorization otherwise.
(d) Ginseng that is harvested in Indiana may not be taken fromIndiana without written authorization from the department.
As added by P.L.1-1995, SEC.24. Amended by P.L.44-1999, SEC.3.
IC 14-31-3-11 License revocation
Sec. 11. (a) The department may, after notice and a hearing,revoke or suspend the license of a person who violates this chapter.All proceedings under this chapter to revoke or suspend a licenseshall be conducted in the manner prescribed by IC 4-21.5-3.
(b) If a court determines that a person has violated this chapter,the court may, in addition to any other penalty, do the following:
(1) Suspend or revoke the license of the person for any periodof time for which the license was issued.
(2) Order that a license not be issued to the person for a periodnot longer than five (5) years.
As added by P.L.1-1995, SEC.24.
IC 14-31-3-12
Scientific research
Sec. 12. The department may carry out scientific research onginseng to determine the following:
(1) The distribution and abundance of ginseng throughoutIndiana.
(2) The effects of current and future harvesting and cultivationpractices on the survival of ginseng in Indiana.
As added by P.L.1-1995, SEC.24.
IC 14-31-3-13
Harvesting quotas
Sec. 13. The department may establish ginseng harvesting quotasbased on the results of research and data collection.
As added by P.L.1-1995, SEC.24.
IC 14-31-3-14
Rules
Sec. 14. (a) The department may adopt rules under IC 4-22-2 thatare necessary to carry out this chapter.
(b) The commission shall adopt rules under IC 4-22-2 to do thefollowing:
(1) Establish the harvest season.
(2) Establish the selling season.
(3) Establish the part of a year when ginseng harvested inIndiana may not be possessed by a ginseng harvester withoutwritten authorization from the department.
(4) Establish the part of a year when ginseng harvested inIndiana may not be bought, sold, or possessed by a ginsengdealer without written authorization from the department.
As added by P.L.1-1995, SEC.24. Amended by P.L.44-1999, SEC.4.
IC 14-31-3-15
Violations; dealing without a license
Sec. 15. A ginseng dealer who:
(1) purchases ginseng without a license; or
(2) obtains a license because of a false or an incorrect
statement;
commits a Class B misdemeanor.
As added by P.L.1-1995, SEC.24.
IC 14-31-3-16
Violations; harvesting out of season
Sec. 16. A person who harvests ginseng out of a harvest season inviolation of section 10 of this chapter commits a Class Bmisdemeanor.
As added by P.L.1-1995, SEC.24.
IC 14-31-3-17
Violations; processing out of season
Sec. 17. A person who possesses unprocessed ginseng out of aharvest season in violation of section 10 of this chapter commits aClass B misdemeanor.
As added by P.L.1-1995, SEC.24.
IC 14-31-3-18
Violations; exceeding quotas
Sec. 18. A person who harvests ginseng in an amount greater thana quota established under section 13 of this chapter commits a ClassB infraction.
As added by P.L.1-1995, SEC.24.
IC 14-31-3-19
Violations; dealing out of season
Sec. 19. A ginseng dealer who buys, sells, or possesses ginseng inviolation of section 10 of this chapter commits a Class Bmisdemeanor.
As added by P.L.1-1995, SEC.24.
IC 14-31-3-20
Violations; exporting out of season
Sec. 20. A person who, without written authorization from thedepartment, takes or sends from Indiana ginseng that is harvested inIndiana in violation of section 9 of this chapter commits a Class Amisdemeanor.
As added by P.L.1-1995, SEC.24.
IC 14-31-3-21
Violations; ginseng harvested out of state
Sec. 21. A person who knowingly or intentionally:
(1) takes or sends from Indiana ginseng that was harvested inanother state for export from the United States; or
(2) receives ginseng that was harvested in another state forexport from the United States;
without written authorization to export the ginseng under the laws ofthe state in which the ginseng was harvested commits a Class Amisdemeanor.As added by P.L.1-1995, SEC.24.