Current Status Introducing Body:
HouseBill Number: 3177Primary Sponsor: T.C. AlexanderCommittee Number: 20Type of Legislation: GBSubject: GinsengResiding Body: HouseCurrent Committee: Agriculture, Natural Resources, and Environmental AffairsComputer Document Number: NO5/8732BD.93Introduced Date: 19930119Last History Body: HouseLast History Date: 19930119Last History Type: Introduced, read first time, referred to CommitteeScope of Legislation: StatewideAll Sponsors: T.C. AlexanderType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 3176 House 19930119 Introduced, read first time, 20 referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 46 SO AS TO REGULATE THE PROTECTION, COLLECTION, AND SALE OF GINSENG AND PROVIDE PENALTIES FOR VIOLATIONS.
Whereas, the trade and biology of ginseng needs to be monitored in South Carolina to obtain federal approval for the export of ginseng from the State, to support the ginseng trade within the State, and to protect the species from over collection and extinction. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
Section 46-22-10. As used in this chapter:
(1) `Commissioner' means the Commissioner of Agriculture.
(2) `Department' means the Department of Agriculture.
(3) `Ginseng' means a plant of the species `Panax quinquefolius' including cuttings, roots, fruits, seeds, propagules, or another plant part.
(4) `Ginseng dealer' means a person who purchases or otherwise obtains ginseng roots which have been collected or cultivated in South Carolina in any quantity for commercial use. This definition does not include persons who directly collect or cultivate ginseng roots or who obtain ginseng roots for their own personal use.
(5) `Export certificate' means a document issued to allow the export or shipment of ginseng out of the State by certifying that the ginseng covered by the document was legally collected or grown in South Carolina.
(6) `Inspector' means an employee of the department or another person authorized by the commissioner to enforce this chapter.
(7) `Person', means an individual, a corporation, a partnership, a firm, or an association.
(8) `Record of ginseng purchase' means a document completed by a ginseng dealer on a form provided by the department to record ginseng purchases.
(9) `Record of harvest season collection' means a document completed and signed by a collector of wild ginseng and by an inspector certifying that the ginseng covered by the document was collected legally during the harvest season.
(10) `Statement indicating legal collection of ginseng from one's own land' means a document completed and signed by a person verifying that the wild collected ginseng being sold was collected from that person's own land.
Section 46-22-20. The harvesting of ginseng is authorized in South Carolina pursuant to this chapter. The ginseng harvest season is September first through April first. Harvesting ginseng outside of the season is prohibited except when the plants are dug from one's own land.
Section 46-22-30. A person collecting wild ginseng outside the harvest season shall complete a statement indicating legal collection of ginseng from one's own land before selling the ginseng. This form is available from ginseng dealers. A person collecting ginseng within the harvest season but wishing to sell the ginseng outside the season shall complete a record of harvest season collection and have it signed by an inspector before the end of the harvest season. This form is available from inspectors.
Section 46-22-40. A person collecting ginseng from the wild must be encouraged by the department to plant the seeds of collected plants in the immediate vicinity of where they are found.
Section 46-22-50. A ginseng dealer shall obtain a permit from the department before purchasing ginseng. Permits are valid July first or the date of issue, whichever is later, to the following June thirtieth. No ginseng may be purchased by a ginseng dealer without a current permit.
Section 46-22-60. The buying season for wild collected ginseng is September first through the following April first for green ginseng and September fifteenth through the following April first for dried ginseng. To buy wild collected ginseng outside this buying season a ginseng dealer shall obtain from the collector either a:
(1) completed statement indicating legal collection of ginseng from one's own land; or
(2) record of harvest season collection completed by the collector and signed by an inspector.
Section 46-22-70. Every ginseng dealer shall keep a record of each purchase of ginseng collected or grown in South Carolina on the applicable record of ginseng purchases provided by the department. Forms from previous years, copies, or forms other than those provided by the department for the current permit period must not be used. Records of ginseng purchases must be made available for inspection by an inspector and must be surrendered to an inspector upon issuance of an export certificate or on a periodic basis. The applicable statement indicating legal collection of ginseng from one's own land or record of harvest season collection must be attached to a record of ginseng purchases recording a purchase of wild collected ginseng collected outside of the harvest season or bought outside of the buying season.
Section 46-22-80. A ginseng dealer who purchases ginseng from another ginseng dealer located in South Carolina may purchase only from a ginseng dealer who has a valid dealer permit. These purchases must be recorded in a record of dealer-dealer transactions. Ginseng purchased from a ginseng dealer who lacks a valid permit must not be certified for export of shipment out of the State.
Section 46-22-90. A person who has ginseng in any quantity and wishes to export or ship an amount out of the State shall obtain an export certificate from an inspector. To obtain an export certificate a person must have accurate records of his purchases, present and surrender the original record of ginseng purchases upon issuance of an export certificate, and possess a valid ginseng dealer's permit.
Section 46-22-100. The commissioner shall enforce this chapter and carry out its provisions and requirements. The department shall promulgate regulations to secure the efficient enforcement of this chapter, including, but not limited to, the requirements for the issuance of permits and the circumstances under which permits may be suspended or revoked.
Section 46-22-110. (A) A person may not:
(1) dig ginseng on another person's land except for replanting between April first and September first;
(2) buy ginseng outside of a buying season without obtaining the required documents from the seller;
(3) buy ginseng for resale or trade without holding a currently valid permit as a ginseng dealer;
(4) fail to keep records required under this chapter, refuse to make records available for inspection by the department or its agent, or use forms other than those provided for the current year or harvest season by the department;
(5) provide false information on a record or form required by this chapter;
(6) make false statements or provide false information in connection with an investigation conducted under this chapter.
(B) A person who violates this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred nor more than five hundred dollars for a first conviction and not less than five hundred nor more than one thousand dollars for a second or subsequent conviction."
SECTION 2. This act takes effect upon approval by the Governor.