Or. Admin. Code § 603-060-0040

Current through Register Vol. 63, No. 10, October 1, 2024

Section 603-060-0040 - Sale or Shipment of Cultivated Ginseng

(1) The department shall, upon request, provide each licensed grower or dealer with certificates of origin. The department shall stamp each certificate of origin with the license number of the grower or dealer. A certificate of origin is valid only if used during the period for which the stamp license number of the grower was issued. Licensed growers or dealers may certify their own cultivated ginseng by filling out and signing a valid certificate or origin.

(2) No person may sell or ship cultivated ginseng to a dealer, out-of-state buyer or foreign buyer unless the cultivated ginseng is accompanied by a valid, completed certificate of origin which specifies the year of harvest, growers license number, location of harvest, and actual weight of ginseng sold. The person selling or shipping the cultivated ginseng shall send to the department a copy of the certificate of origin within 30 days. Each person who completes a certificate of origin shall retain a duplicate copy.

(3) No dealer may purchase or receive Oregon-grown cultivated ginseng unless it is accompanied by a completed certificate of origin from the grower. A dealer shall retain the original copy of each certificate of origin he or she receives.

(4) No dealer may purchase or receive out-of-state cultivated ginseng unless it is accompanied by a valid written certificate, issued by the state of origin, certifying that the shipment consists solely of out-of-state cultivated ginseng. The certificate shall include the location of harvest, year of harvest, and dry weight of the out-of-state cultivated ginseng included in the shipment. A dealer shall retain a copy of each written certificate he or she receives.

(5) Ginseng harvested or grown in Oregon must be kept separate from out-of-state ginseng. Out-of-state sources may not be declared on an Oregon certificate of origin.

(6) Growers and dealers shall keep records of transactions covered by paragraphs (2), (3), and (4) of this section. A licensed dealer shall keep a continuous log of purchases and sales of both cultivated and wild ginseng. A dealer or grower shall make all records that are required to be kept under this section available upon request to the department for inspection and copying. As a condition of relicensing, records required by this section shall be sent to the department by the end of each licensing year (April 30th). Listed weights of roots sold and roots in inventory shall equal root purchased/harvested within reasonable amounts, and may be verified by the department from time to time if deemed necessary.

Or. Admin. Code § 603-060-0040

AD 5-1997, f. & cert. ef. 6-4-97

Stat. Auth.: ORS 561.190 & OL 1997 Ch. 9

Stats. Implemented: OL 1997 Ch. 9