Mich. Comp. Laws § 290.751
Short title.
This act shall be known and may be cited as the "Michigan ginseng act".
Michigan Compiled Laws — MICHIGAN GINSENG ACT (Act 184 of 1994)
Michigan · statute · 184 of 1994, Mich. Comp. Laws · 16 active provisions
Mich. Comp. Laws § 290.753
Definitions.
As used in this act: (a) "Buy" means to purchase, trade, or barter, or to offer to purchase, trade, or barter. (b) "Collect" means the harvest of wild ginseng. (c) "Collector" means a person who collects wild ginseng. (d) "Cultivated ginseng" means ginseng growing or grown in managed beds under artificial or natural sh…
Mich. Comp. Laws § 290.755
Ginseng management program; establishment; administration; purpose; ginseng management program fund; payment, deposit, and use of money; rules.
(1) The director shall establish and administer a ginseng management program to promote the production and harvest of cultivated ginseng and the legal collection of wild ginseng, if allowed, and to prohibit acts detrimental to the survival of the indigenous ginseng population. The ginseng management program shall regul…
Mich. Comp. Laws § 290.757
Inspection; seizure; forfeiture; deposit of proceeds from sale of seized ginseng; inspection fee.
(1) The director may inspect any ginseng sold, held, or transported in this state. A person shall not resist agents of the department who request to inspect ginseng. A person shall not hinder a ginseng inspection by misrepresenting or concealing facts. (2) The director shall not certify and may seize ginseng cultivated…
Mich. Comp. Laws § 290.758
Ginseng certificate required; prohibited conduct.
(1) A grower or collector shall obtain a ginseng certificate from the director certifying that ginseng harvested or collected in this state that is entering commerce or is being exported from this state was legally harvested or collected. (2) Until a ginseng certificate is obtained, a person shall not do either of the…
Mich. Comp. Laws § 290.759
Ginseng plants or plant parts sold for propagation.
(1) Ginseng plants or plant parts sold for propagation shall not be regarded as harvested or collected and are exempt from the certification requirement of this act. (2) Live ginseng plants or plant parts, except seed, for propagation shall not be transported or sold without the owner satisfying the plant certification…
Mich. Comp. Laws § 290.761
Sale of cultivated ginseng by grower.
A grower selling cultivated ginseng shall do all of the following: (a) Provide a record of sale containing all of the following information to a purchaser: (i) Grower's name and address. (ii) Grower's license number and ginseng certificate number. (iii) Dry weight. (iv) Year harvested. (b) Certify that the ginseng was…
Mich. Comp. Laws § 290.763
Wild ginseng.
(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…
Mich. Comp. Laws § 290.765
Grower's license; dealer's license; fee; expiration; requirement.
(1) A grower shall be licensed by the department and pay a $25.00 annual license fee. A grower's license expires annually on August 14. A person shall not sell or distribute cultivated ginseng unless licensed by the department. (2) A dealer shall be licensed by the department and pay a $100.00 annual license fee. A dea…
Mich. Comp. Laws § 290.767
Prohibited conduct by dealer.
A dealer shall not do any of the following: (a) Buy or otherwise acquire uncertified ginseng without written authorization from the director. (b) Buy, acquire, or sell ginseng without creating and maintaining an accurate record of all of the following information: (i) Seller's or purchaser's name and address. (ii) Grow…
Mich. Comp. Laws § 290.769
Cultivated and wild ginseng submitted for weighing.
(1) A grower or dealer shall submit all cultivated and wild ginseng in the grower's or dealer's possession for weighing annually on March 31. The director shall record separately the weight of the certified and uncertified ginseng submitted. Future export certification of uncertified ginseng shall be based on these rec…
Mich. Comp. Laws § 290.771
Record of sale.
A grower, collector, or dealer shall not provide a purchaser with a record of sale for more ginseng than is actually sold or otherwise exchanged.
Mich. Comp. Laws § 290.773
Retention of record; availability for inspection.
A record required under this act shall be retained for 2 years after the ginseng documented is sold, conveyed, or otherwise exchanged. A record shall be available for inspection by the director at all reasonable hours.
Mich. Comp. Laws § 290.777
Prohibited conduct.
A person shall not do any of the following: (a) Harvest, collect, or transport ginseng without documentation evidencing ownership or control of the property from which the ginseng was harvested or collected, or written authorization from a land manager, landowner, authorized agent, or other person entitled to the ginse…
Mich. Comp. Laws § 290.779
Violation as misdemeanor.
(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 impr…
Mich. Comp. Laws § 290.781
Administrative fine; warning in lieu of fine; civil action by attorney general to recover fine.
(1) After notice and opportunity for hearing, upon finding that a person has violated this act or a rule promulgated under this act, the director may impose an administrative fine of not more than $1,000.00 for each violation. If a violation of this act or a rule promulgated under this act occurs despite the exercise o…