...(c)(1) A person may not act as a grower unless he or she has obtained a grower's permit from the division.
(2) Prior to planting cultivated, woods-grown or wild simulated ginseng, a grower shall:
(A) Submit to the director a plat of the exact planting location prepared by a licensed surveyor or a registered forester as defined in article nineteen, chapter thirty of this code, along with information verifying the name of the landowner: Provided, That if the grower is not the landowner, the grower shall also submit written permission from the landowner to grow and harvest cultivated, woods-grown or wild simulated ginseng on that property.
(B) Obtain a written determination from the director certifying that the planting area is free from wild ginseng; and
(C) Submit other information required by the division.
(3) A grower shall keep accurate and complete records on each ginseng planting on forms provided by the division. The records shall be available for inspection by a division employee and shall be submitted to the division at intervals established by rule by the division. A grower shall maintain records for a period of not less than ten years. The information required to be kept shall include:
(A) The origin of ginseng seed, rootlets or plants;
(B) The location of purposefully planted cultivated, wild simulated and woods-grown ginseng and a site plat of the planting;
(C) The original of the director's determination that the site was free from wild ginseng at the time of planting;
(D) The date each site was planted;
(E) The number of pounds of seeds planted, or the number and age of rootlets, or both; and
(F) Other information required by the division...
(d)(1) A person may not act as a dealer unless he or she has obtained a dealer's permit from the division.
(2) A dealer shall keep accurate and complete records on his or her ginseng transactions on forms provided by the division. A dealer is required to maintain a record of all persons, including a digger, grower and dealer, involved in each purchase or sale transaction and shall include the name, address, permit number and a copy of each ginseng certification issued by the division. All records shall be available for inspection by a division employee. A dealer shall maintain records for a period of not less than ten years. In addition, a dealer is required to report the following information to the division monthly:
(A) The date of the transaction;
(B) The type of ginseng, whether wild, cultivated, woods-grown or wild simulated ginseng;
(C) Whether the ginseng is dried or green at the time of the transaction;
(D) The weight of the ginseng;
(E) The county from which the ginseng was harvested;
(F) The identification number from the state ginseng certification; and
(G) Other information required by the division.
(3) A dealer shall include a West Virginia export certificate, numbered by the division, with each shipment of ginseng transported out-of-state.
(4) A dealer may not import out-of-state ginseng into this state unless the ginseng is accompanied by a valid export certificate issued by the state of origin. A dealer must return uncertified ginseng to the state of origin within fifteen calendar days.
(5) It is unlawful to include false information on any certificate or record required to be completed or maintained by this section. All ginseng harvested in West Virginia must be certified by the director before being transported or shipped out-of-state.
(e)(1) A person may not act as a grower or act as a dealer unless he or she has been issued the appropriate permit by the division. A person must obtain a separate permit for each activity. Permit applications shall be made on forms provided by the division. The application for a permit shall be accompanied by the applicable permit fee. The division shall assign a permit number to each person granted a permit and it shall keep records of the permits issued.
(2) Permits expire on December 31 of each year for growers and August 31 of each year for dealers. All permits must be renewed annually. Renewal forms will be mailed to current permit holders. The failure to receive a renewal form does not relieve the permit holder of the obligation to renew. The division may require a late fee when renewal is received more than sixty days after the expiration of the current permit.
(3) The permit holder shall notify the division of any changes in the information on the permit.
Citation: W. Va. Code, § 19-1A-3a.