H 3177 Session 110 (1993-1994)
H 3177 General Bill, By Alexander
A Bill 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.
01/19/93 House Introduced and read first time HJ-32
01/19/93 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-32
A BILL
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:
"CHAPTER 22
Protection, Collection, and
Sale of Ginseng
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.
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