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Alabama

Alabama State Ginseng Laws

• Ginseng collectors, growers and dealers in Alabama are all required to register with the state annually. Registration as a dealer is needed to export ginseng from the state.

• Written permission must be obtained before collecting ginseng on private or public property (“except on property where general public permission is granted to trespass and collect such items”).

• The harvest season for wild ginseng in Alabama is September 1 to December 13. This does not apply to ginseng harvested for personal use on land owned or managed by the collector.

• Alabama’s selling season for wild ginseng is September 15 to March 31. Any ginseng not exported from the state by March 31 must be weighed and receipted by the state ginseng coordinator by that date. All such receipted ginseng may be sold at any time.

• Alabama does not allow the harvest of wild ginseng with less than three 5-leaf prongs or with immature green, unripe fruit (seeds).

• Alabama requires that ripe berries or seeds of collected ginseng, if present, be planted immediately in the same location where collection occurs.

• The AL Department of Agriculture & Industries serves as the state’s ginseng coordinator and can be reached at (334) 240-7225 or: PO Box 3336 Montgomery, AL 36109-0336

• A permit is required to collect ginseng in all National Forests in the state. Contact at (334) 832-4470 or via mail: 2946 Chestnut Street Montgomery, AL 36107

80-10-13.01 Registration Fees For Ginseng Dealers, Growers And Collectors.

(1) Ginseng dealers, growers and collectors, as defined in Code of Ala. 1975, §913241, shall register with the department on or before August 1 of each year, and shall pay an annual registration fee as follows:

(a) $100.00 for each dealer,

(b) $50.00 for each grower,

(c) $10.00 for each collector.

(2) If there has been a prior registration in the preceding year, then fees not paid by August 31 will be deemed delinquent and handled as provided under Code of Ala. 1975, §292.

Author: Charles H. Barnes Statutory Authority: Code of Ala. 1975, §913246. History: Filed May 17, 1988.

80-10-13.02 Record Keeping Requirements.

(1) Clear and legible copies of those records required to be kept by ginseng dealers and growers under Code of Ala. 1975, §913244, shall be forwarded to the commissioner on or before August 1, December 1, February 1 and May 1 each year. The records due on or before August 1 shall accompany the annual registration forms and fee. If there has been no transaction during the reporting period, this must also be reported to the commissioner.

(2) The failure to submit records within the time required by paragraph (1) above shall be considered grounds for refusing to issue or recalling a permit, as provided under Code of Ala. 1975, §913249. The failure to keep adequate records as required by law or these rules shall also be considered grounds for refusing to issue, or recalling a permit.

Author: Charles H. Barnes Statutory Authority: Code of Ala. 1975, §913246. History: Filed May 17, 1988.

80-10-13.03 Requirements For Exportation Of Ginseng.

(1) All ginseng to be exported shall have its weight verified by the commissioner prior to the issuance of an export permit. This weight must accurately correspond to the weight of purchases from collectors and growers set out in those records required to be submitted to the commissioner under Rule 80-10-13.02.

(2) No export permit will be issued unless there has been full and complete compliance with the provisions of this rule and Code of Ala. 1975, §913245.

Author: Charles H. Barnes Statutory Authority: Code of Ala. 1975, §913246. History: Filed May 17, 1988.

80-10-13.04 Record Of Harvest Season Collection Requirements.

(1) Collectors collecting wild ginseng that is to be sold after December 13 must complete a "Record Of Harvest Season Collection" report and have said report certified to by the commissioner. This certification must be made at or prior to the end of the current harvest season.

(2) Dealers shall not purchase such wild ginseng unless it is accompanied by this report and the dealer shall attach this report to his record of wild ginseng purchases.

 (3) There is no designated harvest season for harvesting cultivated ginseng, although all sales, purchases and exportations must be properly documented as required by law and these rules.

Author: Charles H. Barnes Statutory Authority: Code of Ala. 1975, §913246. History: Filed May 17, 1988.

80-10-13.05 Uncertified Ginseng Prohibitions.

(1) Ginseng dealers shall neither receive, purchase or hold ginseng that has not been certified under Alabama law and these rules or certified under the laws or rules of other states. Uncertified ginseng received from other states must be returned to the state of origin within 30 days of receiving same. Upon proper certification by the state of origin, the ginseng may then be returned to and held by the Alabama dealer.

(2) An export permit will be refused for any uncertified ginseng in the dealer's possession for over 30 days.

Author: Charles H. Barnes Statutory Authority: Code of Ala. 1975, §913246. History: Filed May 17, 1988.

Provided by the American Herbal Products Association, in cooperation with U.S. Fish and Wildlife Service

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