Sec. 13.

(1) A person may only collect wild ginseng if, and to the extent, authorized by the director of the department of natural resources.

(2) If the collection of wild ginseng is authorized, a collector shall do all of the following:

(a) Obtain a permit from the department of natural resources.

(b) Collect only wild ginseng in its natural habitat during the season of August 15 through December 31.

(c) Collect only mature wild ginseng plants with ripe berries and not less than 3-leaf stems, or prongs.

(d) Replant on the collection site all seeds from collected wild ginseng plants.

(e) Obtain written authorization from a land manager, landowner, authorized agent, or other person entitled to the ginseng if collecting wild ginseng from property other than the collector's property.

(3) A person possessing collected wild ginseng shall maintain accurate records of all of the following:

(a) Green weight.

(b) Dry weight.

(c) County where collected.

(d) Date collected.

(4) A person shall not sell collected wild ginseng unless licensed as a dealer.

(5) A person shall not sell collected wild ginseng without providing a record of sale to a purchaser containing all of the following information:

(a) Collector's name and address.

(b) Dealer license number.

(c) Ginseng certificate number.

(d) Green weight.

(e) Dry weight.

(f) County where collected.

(g) Year collected.

(h) Date of sale.

(5) A person selling wild ginseng shall attest in an affidavit that the wild ginseng sold was collected in this state in accordance with this act. The affidavit shall be in the form prescribed by the director.

290.779 Violation as misdemeanor.

Sec. 29.

(1) A person who violates this act or a rule promulgated under this act is guilty of a misdemeanor and is subject to the following penalties:

(a) If the person was acting as a dealer in violation of this act, for a first offense, the person shall be fined not less than $1,000.00 or more than $5,000.00, or shall be imprisoned for not more than 90 days, or both. For each subsequent offense, the person shall be fined not less than $2,000.00 or more than $10,000.00, or shall be imprisoned for not more than 90 days, or both.

(b) If the person was acting as a grower in violation of this act, for a first offense, the person shall be fined not less than $25.00 or more than $500.00, or shall be imprisoned for not more than 90 days, or both. For each subsequent offense, the person shall be fined not less than $200.00 or more than $1,000.00, or shall be imprisoned for not more than 90 days, or both.

(2) In addition to other penalties provided by law, the director may withhold, suspend, or revoke a license, registration, or certificate for good cause, including violation of this act or violation of a rule promulgated under this act.

© 2004 Legislative Council, State of Michigan

1.       Ginseng harvest season is from September 1^st to December 31^st annually.
2.       The ginseng plant must have at least 3 prongs (stems) to be harvested.
3.       A ginseng collector/digger must have landowner permission to hunt and harvest on private and public lands.
4.       Collectors/diggers must keep accurate harvest records by county and collection date.
5.       Collectors/diggers must immediately plant the seeds from collected plants at the place where the plants were collected.
6.       Dealers and buyers shall obtain certification from a state inspector of the Division of Wildlife that the ginseng was legally collected before it can be exported from Ohio.
7.       Your certification document must state the exact, correct weight of the ginseng root being certified.
8.       The fee for ginseng certification is $3 per pound.
9.       Dealers may not buy dry, uncertified ginseng between April 1^st and September 15th.
10.   You cannot buy or sell wild green ginseng that was collected between April 1^st and August 31^st.
11.   Dealers must get a state dealer’s registration permit that expires August 31^st annually.
12.   When you buy ginseng root, make sure you obtain: the seller’s name and address, the dealer’s state registration permit number if applicable and ginseng certification number, the weight of ginseng root collected by county, and the date of the transaction.
13.   You must provide all of the above information when selling ginseng root.
14.   Dealers and buyers must display educational materials provided by the Division of Wildlife.
15.   Dealers and buyers shall show proof of certification to any out-of-state purchaser.
16.   You must keep accurate records on all ginseng sold and purchased.  These records are open to inspection by authorized Division of Wildlife employees.
17.   Dealers and buyers must submit for weighing all uncertified ginseng on hand as of March 31 to the Division of Wildlife and they will receive a receipt for it.
18.   A person may only possess ginseng from a state that has a ginseng management program that has been approved by the U.S. Fish and Wildlife Service.
19.   You cannot export uncertified ginseng out of Ohio.