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Post by 1shotwade on Nov 6, 2018 12:54:03 GMT -5
I've been fighting ill health for the last three years now. Over this time I completely forgot that I had dug some ginseng (maybe a couple pounds) until I found it in a box in the basement. I am aware that it is not to be carried over year to year. My question is, Is there a way I can turn this into money legally in the state?
A related question, I purchased ginseng seed a decade ago and planted it here at the house, but also on the family farm. Since I purchased this seed(There has never been ginseng in this area)and planted it, are the restrictions the same as that of wild ginseng? And. is there a difference between that planted at my house as opposed to being planted on the family farm?
Thanks!
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Post by morrison on Nov 15, 2018 16:26:02 GMT -5
According to Indiana Code 14-31-3-10, ginseng cannot be carried over from year to year. Ginseng may only be harvested from September 1 to December 31 and sold from September 1 to March 31. It is illegal to possess ginseng outside of these dates.
The harvest and selling dates are still in effect for the current season. Any ginseng harvested this year may still be sold to a licensed dealer. The ginseng harvested this year must be sold prior to the March 31 deadline.
The Indiana Code does not differentiate between ginseng found in the wild and ginseng produced by the relocation of plants or the planting of seeds. Therefore, all ginseng is regulated the same.
I have posted the Indiana Code and the Indiana Administrative Code below used to regulate the harvesting and selling of ginseng.
IC 14-31-3-2 "Ginseng"
Sec. 2. (a) As used in this chapter, "ginseng" refers to American ginseng (Panax quinquefolius L.).
(b) The term does not include ginseng that is:
(1) ready for consumption; and
(2) sold or bought at retail.
IC 14-31-3-6 "Wild ginseng"
Sec. 6. As used in this chapter, "wild ginseng" means ginseng in or 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
IC 14-31-3-10 Harvest season; limitations
Sec. 10. (a) Wild ginseng may not be harvested except during harvest season.
(b) Ginseng harvested in Indiana may not be possessed by a ginseng harvester during the part of a year established under section 14(b)(3) of this chapter, unless the department gives written authorization otherwise.
(c) Ginseng harvested in Indiana may not be bought, sold, or possessed by a ginseng dealer during the part of a year established under section 14(b)(4) of this chapter, unless the department gives written authorization otherwise.
(d) Ginseng that is harvested in Indiana may not be taken from Indiana without written authorization from the department.
IC 14-31-3-16 Violations; harvesting out of season
Sec. 16. A person who harvests ginseng out of a harvest season in violation of section 10 of this chapter commits a Class B misdemeanor.
IC 14-31-3-17 Violations; processing out of season
Sec. 17. A person who possesses unprocessed ginseng out of a harvest season in violation of section 10 of this chapter commits a Class B misdemeanor.
312 IAC 19-1-1 Definitions
(9) "Harvest season" means September 1 through December 31 of each year.
(12) "Selling season" means September 1 of one (1) year through March 31 of the following year.
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