Illinois Compiled Statutes 525 ILCS 20 — Ginseng Harvesting Act.

Short title

Short title. This Act may be cited as the Ginseng Harvesting Act. (Source: P.A. 86-1324.)

Definitions

Definitions. As used in this Act, unless the context otherwise requires: (Source: P.A. 83-680.)

"Cultivated ginseng" means ginseng growing in tilled beds under shade of artificial structures or under natural shade

"Cultivated ginseng" means ginseng growing in tilled beds under shade of artificial structures or under natural shade. (Source: P.A. 83-680.)

"Department" means the Department of Natural Resources

"Department" means the Department of Natural Resources. (Source: P.A. 89-445, eff. 2-7-96.)

"Director" means the Director of Natural Resources

"Director" means the Director of Natural Resources. (Source: P.A. 89-445, eff. 2-7-96.)

"Ginseng" means the root of American ginseng (Panax quinquefolium)

"Ginseng" means the root of American ginseng (Panax quinquefolium). (Source: P.A. 83-680.)

"Wild ginseng" means ginseng in, or collected from, its native habitat, notwithstanding whether the ginseng occurs naturally from that habitat or was introduced or increased in abundance by sowing ginseng seed or by transplanting ginseng plants from other areas. (Source: P.A. 83-680.)

Licenses

Licenses. The following licensing provisions shall be applied by the Department: (Source: P.A. 83-680.)

Harvest License

Harvest License. No person may cut, root up, gather or harvest wild ginseng unless the person has a harvest license issued by the Department. The fee for a harvest license is $7 and is valid from April 1 to March 31. A harvest license is valid during the established harvest season for wild ginseng for the year during w…

Grower's License

Grower's License. Any person engaged in the propagation and harvesting of cultivated ginseng shall secure a registered grower's license from the Department annually for a fee of $25.00. A grower's license shall authorize the harvest of cultivated ginseng at any time. A grower's license is valid from April 1 through Mar…

Dealer License

Dealer License. No person shall be engaged in the business of buying wild or cultivated ginseng from harvesters, growers or other dealers for resale to exporters or to other dealers unless the person has a license issued by the Department to be a dealer of ginseng. The fee for a dealer's license is $50.00 for Illinois…

Purchase with Knowledge

Purchase with Knowledge. No dealer may purchase wild ginseng or other protected plants if the person knows it was cut, dug, rooted up or gathered at some time other than the harvest season established pursuant to this Act. No dealer may purchase ginseng if the dealer knows that the vendor does not have a valid license…

Certification

Certification. The Department must certify the origin and quantity of all ginseng harvested in the State of Illinois. Certifications will only be made within the boundaries of the State and only at the established offices of resident licensed dealers, registered licensed growers or at offices designated by the Departme…

Exception

Exception. Sections 2a and 3 do not apply to a person who roots up or destroys wild ginseng growing on the person's own land if the plants are not sold, bartered, traded or given away. (Source: P.A. 84-1065.)

All fees, fines, and other income of whatsoever kind or nature derived from this Act shall be deposited in the Wildlife and Fish Fund in the State treasury

All fees, fines, and other income of whatsoever kind or nature derived from this Act shall be deposited in the Wildlife and Fish Fund in the State treasury. (Source: P.A. 83-680.)

Harvest Season

Harvest Season. The Department shall establish by administrative rule the legal season for cutting, digging up, rooting up or gathering wild ginseng. The harvest season for wild ginseng must be within the time period of August 1 to November 1 of each calendar year and may be closed in all or part of the State only by a…

Trespass to Harvest Ginseng

Trespass to Harvest Ginseng. No person shall, without permission of the owner, enter the forest, field, yard, building, garden or other enclosure of another and willfully break down, dig, destroy, take or carry away any ginseng. (Source: P.A. 83-680.)

Penalties

Penalties. Any person who knowingly violates any provision of this Act or rules promulgated under the authority of this Act is, for each offense, guilty of a class B misdemeanor. Ginseng possessed, harvested, cut, rooted up, gathered, propagated, sold, purchased, traded, or given away in violation of the provisions of…

Additional license revocation and denial provisions

Additional license revocation and denial provisions. (a) If a license has been issued to any person under this Act and that person is found guilty of any misrepresentation in obtaining that license or a violation of any of the provisions of this Act or its rules or a violation of the United States Code that involves th…