Chapter NR 28

Register November 2003 No. 575

Chapter NR 28

WILD PLANTS

NR 28.01   Definitions.

NR 28.02   Scope and applicability.

NR 28.03   Ginseng licenses.

NR 28.04   Limitations and restrictions.

Ch. NR 28 Note Note: Chapter NR 28 was created by emergency rule, effective July 1, 1980.

NR 28.01 NR 28.01 Definitions. As used in this chapter and in s. 29.611, Stats.:

NR 28.01(1) (1) “Carry-over roots” are those wild ginseng roots still in the possession of licensed dealers or harvesters after March 31 of the year following the harvest season.

NR 28.01(2) (2) “Dealer” means any person buying more than 8 ounces of wild ginseng annually.

NR 28.01(3) (3) “Department” means the Wisconsin department of natural resources.

NR 28.01(4) (4) “Engage in business” in this chapter includes but is not limited to purchasing, selling, holding, brokering, billing or receiving payment for, contracting for or advertising wild ginseng either for cash or on consignment.

NR 28.01(5) (5) “Green ginseng” means a ginseng root from which the moisture has not been removed by drying.

NR 28.01(6) (6) “Harvest” means cutting, gathering, rooting up, severing, injuring, destroying, removing or carrying away any wild plant or parts thereof.

NR 28.01(7) (7) “Own land” means ownership interest in property by deed or land contract.

NR 28.01(8) (8) “Transaction” means purchase, gift, exchange or sale of wild ginseng.

NR 28.01(9) (9) “Wild ginseng” means dry root, live root, seed or other parts of American ginseng (Panax quinquefolius) that is not grown or nurtured by a person.

NR 28.01(10) (10) “Woods-grown ginseng” means ginseng that has been nurtured in any way by humans, including but not limited to watering, weeding, use of pesticides, soil tillage and fertilization.

NR 28.01 History History: Emerg. cr. eff. 7-1-80; cr. Register, November, 1980, No. 299, eff. 12-1-80; emerg. am. (1), eff. 8-15-83; am. (1), Register, February, 1984, No. 338, eff. 3-1-84; r. (3), renum. (1) to (7) to be (2), (3) and (5) to (8), cr. (1), (4), (9) and (10), Register, August, 1991, No. 428, eff. 9-1-91; correction in (intro.) was made under s. 13.93 (2m) (b) 7., Stats., Register November 2001 No. 551.

NR 28.02 NR 28.02 Scope and applicability. This chapter contains rules necessary to implement s. 29.611, Stats., and operate in conjunction with that statute to govern the harvest, transportation, possession, processing or sale of certain wild plants.

NR 28.02 History History: Emerg. cr. eff. 7-1-80; cr. Register, November, 1980, No. 299, eff. 12-1-80; correction was made under s. 13.93 (2m) (b) 7., Stats., Register November 2001 No. 551.

NR 28.03 NR 28.03 Ginseng licenses.

NR 28.03(1) (1) Issuance.

NR 28.03(1)(a) (a) Department action. The department shall issue wild ginseng harvest licenses and wild ginseng dealer’s licenses in accordance with the provisions of and for the purposes authorized in s. 29.611, Stats.

NR 28.03(1)(b) (b) Applications.

NR 28.03(1)(b)1. 1. ‘Content.’ Wild ginseng harvest licenses and dealer’s licenses shall be issued upon filing of an application accompanied by the appropriate license fee, and bearing:

NR 28.03(1)(b)1.a. a. The applicant’s signature;

NR 28.03(1)(b)1.b. b. The applicant’s residence and post office address;

NR 28.03(1)(b)1.c. c. A description of the applicant;

NR 28.03(1)(b)1.d. d. A statement that the applicant has complied with all of the laws regulating the issuance and purchase of the license applied for; and

NR 28.03(1)(b)1.e. e. Such other facts as may be required by the department.

NR 28.03(1)(b)2. 2. ‘Free harvest license.’ Applications for a free harvest license under s. 29.611, Stats., must contain a description to the quarter section, township and range of the property where the applicant’s wild ginseng harvest will occur.

NR 28.03(2) (2) Harvest license.

NR 28.03(2)(a) (a) Valid period. A harvest license shall be valid for and authorize the taking of wild ginseng during the period beginning September 1 and ending November 1, both dates inclusive.

NR 28.03(2)(b) (b) Sales by harvesters.

NR 28.03(2)(b)1. 1. Wild ginseng harvested in a lawful manner and with a valid harvest license may be sold by the licensee to a licensed Wisconsin wild ginseng dealer from September 1 to March 31, both dates inclusive.

NR 28.03(2)(b)1m. 1m. Any wild ginseng not accompanied by a certificate of origin sold to licensed Wisconsin nonresident wild ginseng dealers shall be returned to the state for certification within 30 days of the sale.

NR 28.03(2)(b)2. 2. Wild ginseng may be shipped out of state by licensees only if accompanied by a certificate of origin issued by the department and after inspection by an agent of the state.

NR 28.03(3) (3) Dealer’s license. All persons who engage in business with wild ginseng in Wisconsin shall have a valid Wisconsin wild ginseng dealer’s license in their own name, except for paid employees or family members of a licensed dealer who are working at that dealer’s primary place of business as indicated on the dealer’s license.

NR 28.03(4) (4) Dealer’s records.

NR 28.03(4)(a) (a) Requirements. Each licensed wild ginseng dealer shall keep a complete and accurate record in the English language of each wild ginseng transaction. This record shall be on forms provided by the department and shall be kept intact for a period of 3 years after the expiration of the dealer’s license.

NR 28.03(4)(b) (b) Purchase records. The dealer’s record of each wild ginseng purchase shall include:

NR 28.03(4)(b)1. 1. Date of purchase;

NR 28.03(4)(b)2. 2. Name and address of seller;

NR 28.03(4)(b)3. 3. Harvest license number or dealer’s license number of seller;

NR 28.03(4)(b)4. 4. Dry weight of wild ginseng root purchased;

NR 28.03(4)(b)5. 5. Name of the county where purchased ginseng was harvested if purchased from a licensed harvester; and

NR 28.03(4)(b)6. 6. Such additional information as may be requested by the department.

NR 28.03(4)(c) (c) Sales records. The dealer’s record of each sale shall include:

NR 28.03(4)(c)1. 1. Date of sale;

NR 28.03(4)(c)2. 2. Name and address of buyer;

NR 28.03(4)(c)3. 3. Dry weight of wild ginseng roots sold;

NR 28.03(4)(c)3m. 3m. The serial number of the accompanying export certificate of origin if sold for export from the United States;

NR 28.03(4)(c)4. 4. Year in which ginseng sold was harvested; and

NR 28.03(4)(c)5. 5. Such additional information as may be requested by the department.

NR 28.03(4)(d) (d) Annual report. An annual report of all transactions shall be made to the department by each licensed wild ginseng dealer on forms provided by the department. The reports shall be submitted to the department by April 15 following the end of the license year. These reports shall cover all transactions from April 1 of the year of harvest through March 31 of the year following harvest.