WSR 24-22-046
PERMANENT RULES
DEPARTMENT OF AGRICULTURE
[Filed October 28, 2024, 7:20 a.m., effective November 28, 2024]
Effective Date of Rule: Thirty-one days after filing.
Purpose: This rule-making order amends chapter 16-695 WAC, Rules relating to ginseng management, by clarifying current rule language by replacing all gender-specific pronouns with modern gender-inclusive pronouns.
Citation of Rules Affected by this Order: Amending WAC 16-695-010.
Adopted under notice filed as WSR 24-17-108 on August 19, 2024.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: October 25, 2024.
Derek I. Sandison
Director
OTS-5752.1
AMENDATORY SECTION(Amending WSR 97-23-059, filed 11/18/97, effective 12/19/97)
WAC 16-695-010Definitions.
The following definitions shall apply:
(1) "Cultivated ginseng" means any part of a ginseng plant that is growing or grown in managed beds under artificial or natural shade and cultivated according to recognized ginseng horticultural practices. Cultivated ginseng includes woodsgrown ginseng.
(2) "Dealer" means anyone who buys ginseng for resale, or grows and sells it for export. This definition does not apply to persons who buy ginseng solely for the purpose of final retail sale to consumers in the United States.
(3) "Dealer registration" means an annual registration issued by the department authorizing a dealer to buy, collect, or otherwise acquire ginseng for resale or export.
(4) "Department" means the Washington state department of agriculture.
(5) "Director" means the director of the department or ((his))their duly appointed representative.
(6) "Dry weight" means the weight in pounds and ounces of harvested or collected ginseng root that is dried and is no longer viable.
(7) "Export" means export outside the boundaries of the United States.
(8) "Out-of-state ginseng" means ginseng that is grown or originated outside the state of Washington.
(9) "Ginseng" means any and all parts of the plant known as American ginseng (Panax quinquefolius L.) including, but not limited to: Plants, whole roots, essentially intact roots, root chunks, slices, seeds, and tissue.
(10) "Green ginseng" means a ginseng root from which the moisture has not been removed by drying.
(11) "Green weight" means the weight in pounds and ounces of freshly harvested or collected ginseng root that is not dried and is still viable.
(12) "Grower" means a person who grows "cultivated," "wild simulated" and or "woodsgrown" ginseng, and sells it to a dealer.
(13) "Grower registration" means an annual registration issued by the department which enables a grower to sell cultivated ginseng that the grower has produced.
(14) "Person" means any individual, firm, partnership, corporation, company, society, association or other business entity, and every officer, agent or employee thereof, agency or organized group of persons whether or not incorporated.
(15) "Wild ginseng" means ginseng growing naturally within its native range.
(16) "Wild simulated ginseng" means cultivated ginseng grown in a wooded site where wild ginseng is not established.
(17) "Woodsgrown ginseng" means ginseng grown in managed beds under natural shade.