Harvesting ginseng is popular in the mountainous regions of Western North Carolina and Eastern Tennessee. Ginseng is highly valued in traditional medicines and cuisines in China and Korea, and sale of the root can be lucrative. However, increasing demand coupled with habitat loss poses a significant risk to the plant, which is notorious for being difficult to cultivate domestically.
Many Appalachian states have taken action to preserve this valuable plant and ensure its continued survival in the wild. Unfortunately, many ginseng harvesters fail to familiarize themselves with state regulations, furthering the decline of ginseng in Appalachia, and running afoul of the law.
Ginseng Harvesting in Tennessee:
Violation of Tennessee’s laws regarding ginseng harvesting is classified as a Class A misdemeanor, carrying a fine of up to $250, plus forfeiture of all illegally harvested ginseng.
The harvest season for wild ginseng in Tennessee runs from September 1 to December 31; any digging outside of these dates is prohibited.
While Tennessee does not require permits for personal use, individuals intending to sell or export ginseng out of state must obtain a ginseng dealer permit from the Tennessee Department of Environmental Conservation.
Only mature plants with at least three prongs and red berries may be harvested. Anyone digging for ginseng must, immediately after digging, plant the berries of the ginseng in the approximate area from which the harvested plant was growing. No berries may be removed from the area.
It is illegal to offer for sale any ginseng that was collected outside of Tennessee, unless that ginseng has been approved for export by the state in which it was harvested. All out-of-state ginseng must have a certificate showing it has been approved for export.
It is illegal to harvest ginseng from someone else’s land, unless you have permission from the landowner. It is also illegal to dig ginseng on public lands, to include national and state parks. While some national forests once issued ginseng permits, most have stopped doing so as a result of declining ginseng populations.
Ginseng Harvesting in North Carolina
Much like Tennessee, North Carolina has implemented stringent regulations to preserve ginseng.
North Carolina’s harvesting season runs from 1 September to 31 December.
North Carolina does not require a permit to dig ginseng for personal use. Those who buy ginseng for resale or intend to sell roots out of state must apply for a permit with the North Carolina Department of Agriculture and Consumer Services.
Only mature plants with at least three prongs and red berries may be harvested. Harvesters must replant the berries where the original plant was dug. It is illegal to simultaneously possess ginseng roots and berries.
It is illegal to harvest ginseng from someone else’s land, unless you have written permission from the landowner. Taking ginseng from someone else’s property without written permission is a felony offense in North Carolina.
Like in Tennessee, it is illegal to dig ginseng on public lands, to include national and state parks. While some national forests once issued ginseng permits, most have stopped doing so as a result of declining populations.
If you or someone you know is involved in or may become involve in a legal dispute regarding native plants or wildlife, it is important to act quickly and seek legal assistance. At King Law Offices, we understand the sensitivity and complexity of these situations and are here to help. Contact King Law Offices today at (888)-748-5464 or fill out our contact form for a consultation.
