MCL 290.751 Short title.
290.751. Short title.
Sec. 1.
This act shall be known and may be cited as the "Michigan ginseng act".
1994, Act 184, Eff. Mar. 30, 1995
MICHIGAN GINSENG ACT
MCL ch. 290, subtit. Act 184 of 1994
in effectMCL 290.753 Definitions.
290.753. Definitions.
Sec. 3.
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 shade and cultivated according to recognized ginseng horticultural practices. Cultivated ginseng includes woodsgrown ginseng.
(e) "Dealer" means a person who buys, collects, or otherwise acquires ginseng roots in this state for resale or trade.
(f) "Dealer license" means a license issued by the director authorizing a dealer to buy, collect, or otherwise acquire ginseng roots for resale or export from this state.
(g) "Department" means the department of agriculture.
(h) "Director" means the director of the department of agriculture or an authorized representative of the director.
(i) "Dry weight" means the weight in pounds and ounces of harvested or collected ginseng root that is dried and is no longer viable.
(j) "Ginseng" means Panaxquinquefolius L., also known as Panaxquinquefolium L., commonly known as American ginseng, either wild or cultivated, and includes plants and plant parts.
(k) "Ginseng certificate" means a document issued by the department or other official agency authorized by the director that verifies the origin, quantity by weight, type, and condition of ginseng offered for inspection.
(l) "Green weight" means the weight in pounds and ounces of freshly harvested or collected ginseng root that is not dried and is still viable.
(m) "Grower" means a person who grows cultivated ginseng.
(n) "Grower license" means a license issued by the director authorizing a grower to sell cultivated ginseng that the grower has produced.
(o) "Harvest" means to cut, pick, dig, root up, or gather ginseng.
(p) "Natural habitat" means the environment where a species exists as a natural population.
(q) "Person" means an individual, sole proprietorship, partnership, corporation, limited liability company, association, governmental entity, or other legal entity.
(r) "Purchaser" means a person who buys or otherwise acquires ginseng from a grower, collector, or other purchaser for resale or trade.
(s) "Sell" means to sell, trade, or barter, or to offer to sell, trade, or barter.
(t) "Wild ginseng" means ginseng growing or grown in an uncultivated state or harvested from its natural habitat. Wild ginseng includes ginseng that was introduced to or propagated in its natural habitat by sowing ginseng seed or transplanting ginseng plants from other areas and performing no other standard ginseng horticultural practices.
(u) "Woodsgrown ginseng" means ginseng growing or grown in managed beds under natural shade.
1994, Act 184, Eff. Mar. 30, 1995
MCL 290.755 Ginseng management program; establishment; administration; purpose; ginseng management program fund; payment, deposit, and use of money; rules.
290.755. Ginseng management program; establishment; administration; purpose; ginseng management program fund; payment, deposit, and use of money; rules.
Sec. 5.
(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 regulate ginseng collecting, harvesting, certification, transportation, and sale.
(2) The state treasurer shall establish in the state treasury the ginseng management program fund. A fee, fine, penalty, or forfeited money from a conviction, confiscation, or other action taken under this act, or a licensing fee or inspection fee under this act, shall be paid to the state treasurer and deposited in the ginseng management program fund. Money in the fund shall be used only for the administration of this act.
(3) The director may promulgate rules to implement this act pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws.
1994, Act 184, Eff. Mar. 30, 1995
MCL 290.757 Inspection; seizure; forfeiture; deposit of proceeds from sale of seized ginseng; inspection fee.
290.757. Inspection; seizure; forfeiture; deposit of proceeds from sale of seized ginseng; inspection fee.
Sec. 7.
(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, harvested, collected, or otherwise acquired in violation of this act, or in violation of a rule promulgated under this act. Seized ginseng is forfeited to the state and may be disposed of as determined by the director. The director may certify and sell seized ginseng. Proceeds from the sale of seized ginseng shall be deposited into the ginseng management program fund.
(3) The department shall charge an inspection fee based on an hourly rate established by the insect pest and plant disease act, Act No. 189 of the Public Acts of 1931, being sections 286.201 to 286.226 of the Michigan Compiled Laws, or rules promulgated pursuant to Act No. 189 of the Public Acts of 1931, for certification of both cultivated and wild ginseng.
1994, Act 184, Eff. Mar. 30, 1995
MCL 290.758 Ginseng certificate required; prohibited conduct.
290.758. Ginseng certificate required; prohibited conduct.
Sec. 8.
(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 following:
(a) Export ginseng harvested or collected in this state.
(b) Commingle ginseng harvested or collected in this state with ginseng originating outside this state.
(3) Ginseng shall not be certified more than 1 time without written authorization from the director.
(4) Ginseng harvested or collected in this state shall not be exported from this state under authority of a certificate issued by another state.
1994, Act 184, Eff. Mar. 30, 1995
MCL 290.759 Ginseng plants or plant parts sold for propagation.
290.759. Ginseng plants or plant parts sold for propagation.
Sec. 9.
(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 and license requirements of the insect pest and plant disease act, Act No. 189 of the Public Acts of 1931, being sections 286.201 to 286.226 of the Michigan Compiled Laws.
1994, Act 184, Eff. Mar. 30, 1995
MCL 290.761 Sale of cultivated ginseng by grower.
290.761. Sale of cultivated ginseng by grower.
Sec. 11.
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 grown in this state in accordance with this act. The certification shall be in the form prescribed by the director.
(c) Maintain records of ginseng production.
(d) Maintain records of the location and dimensions of, and all management activities applied to, any woodsgrown ginseng beds.
1994, Act 184, Eff. Mar. 30, 1995
MCL 290.763 Wild ginseng.
290.763. Wild ginseng.
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.
1994, Act 184, Eff. Mar. 30, 1995
[Compiler] The second subsection (5), beginning with the words “A person selling wild ginseng,” evidently should be numbered (6).
MCL 290.765 Grower's license; dealer's license; fee; expiration; requirement.
290.765. Grower's license; dealer's license; fee; expiration; requirement.
Sec. 15.
(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 dealer's license is nontransferable. A dealer's license expires annually on August 14. A person shall not act as a dealer unless licensed by the department. The licensing requirements of this section do not apply to a person purchasing dried ginseng solely for retail sale in Michigan to individuals for personal consumption.
(3) A person who acts as both a grower and a dealer must be licensed as both a grower and a dealer.
1994, Act 184, Eff. Mar. 30, 1995
MCL 290.767 Prohibited conduct by dealer.
290.767. Prohibited conduct by dealer.
Sec. 17.
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) Grower's license number, dealer's license number, or collector's name and address, and ginseng certificate number.
(iii) Green weight and dry weight of wild ginseng and cultivated ginseng, compiled separately, and county where the ginseng was harvested or collected.
(iv) Year the ginseng was harvested or collected.
(v) Date of the transaction.
(c) Sell or export ginseng harvested in this state without first obtaining a ginseng certificate.
1994, Act 184, Eff. Mar. 30, 1995
MCL 290.769 Cultivated and wild ginseng submitted for weighing.
290.769. Cultivated and wild ginseng submitted for weighing.
Sec. 19.
(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 records in a draw-down process until all documented stock has been certified.
(2) A dealer shall document the cultivated ginseng and wild ginseng submitted for weighing as required in section 17. The cultivated ginseng and wild ginseng submitted for weighing and all documentation shall be available for inspection by the director at all reasonable hours.
1994, Act 184, Eff. Mar. 30, 1995
MCL 290.771 Record of sale.
290.771. Record of sale.
Sec. 21.
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.
1994, Act 184, Eff. Mar. 30, 1995
MCL 290.773 Retention of record; availability for inspection.
290.773. Retention of record; availability for inspection.
Sec. 23.
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.
1994, Act 184, Eff. Mar. 30, 1995
MCL 290.777 Prohibited conduct.
290.777. Prohibited conduct.
Sec. 27.
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 ginseng. The authorization shall be in a form prescribed by the director.
(b) Fail to maintain all required records.
(c) Buy, otherwise acquire, or possess uncertified ginseng, except ginseng cultivated, harvested, or collected on that person's own property or property under that person's direct control.
(d) Transport uncertified ginseng from this state.
(e) Possess ginseng originating from another state without authorization from the state of origin.
(f) Violate this act or a rule promulgated under this act.
(g) Knowingly provide incorrect or false information on a license application, report, export certificate, or other document required under this act, or to the director.
1994, Act 184, Eff. Mar. 30, 1995
MCL 290.779 Violation as misdemeanor.
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.
1994, Act 184, Eff. Mar. 30, 1995
MCL 290.781 Administrative fine; warning in lieu of fine; civil action by attorney general to recover fine.
290.781. Administrative fine; warning in lieu of fine; civil action by attorney general to recover fine.
Sec. 31.
(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 of due care or does not result in significant harm to human health or the environment, the director may issue a warning in lieu of an administrative fine.
(2) The director shall advise the attorney general if a person fails to pay an administrative fine imposed under this section. The attorney general may bring a civil action in a court of competent jurisdiction to recover the fine.
1994, Act 184, Eff. Mar. 30, 1995
Source: Michigan Legislature (legislature.mi.gov)URL: https://legislature.mi.gov/documents/mcl/Chapter%20290.xmlFetched: 10/20/2026