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Information about Vulnerable Plants and the Vulnerable Plant Licensing Program in Pennsylvania

In 1982, the enactment of the Wild Resource Conservation Act directed Pennsylvania's Department of Environmental Resources (DER) (the predecessor agency of the current Department of Conservation and Natural Resources (DCNR)) to identify endangered, threatened, and vulnerable wild plant species and to issue regulations governing their taking, possession, transportation, exportation, processing, and sale. Accordingly, in 1987, the DER issued regulations under Conservation of Pennsylvania Native Wild Plants, which established a recognized special status for wild plants known as vulnerable plants to include plant species "in danger of population decline within this Commonwealth because of their beauty, economic value, use as a cultivar or other factors which indicate that persons may seek to remove these species from their native habitats."

Three species are presently included in this category:

  • American ginseng (Panax quinquefolius),
  • Goldenseal (Hydrastis canadensis), and
  • Yellow lady-slipper orchid (Cypripedium calceolus).

What is the vulnerable plant licensing program?

The vulnerable plant licensing program is an effort to monitor commercial trade in native plant species that are deemed "at-risk" (i.e., vulnerable) due to public demand. As such, it is an important tool for tracking the annual quantities of listed plants and licensed dealers are therefore bound by ethical and legal obligations. This program does not intend to interfere with citizen rights to produce and market plants listed as vulnerable, only to determine the degree to which collection might threaten wild-occurring populations. With cooperation from the citizens of this commonwealth through adherence to the vulnerable plant licensing and reporting program, both commercial trade and conservation are possible.

Graphic of an example of a vulnerable plant license issued in Pennsylvania

Figure 1. An example of a vulnerable plant license issued in Pennsylvania to dealers of vulnerable plants. Sellers of vulnerable plants should always verify that buyers have a current license to ensure that the states plant trade is recorded.

Who needs to obtain a vulnerable plant license?

  • Any resident or non-resident of Pennsylvania who plans to purchase any plant (or a product derived from any plant) listed as vulnerable in Pennsylvania from citizens of Pennsylvania on a commercial basis.
  • Any resident or non-resident of Pennsylvania who intends to serve as a "middle-man" by buying plants (or a product derived from plants) listed as vulnerable in Pennsylvania and re-selling to others located inside or outside of Pennsylvania.
  • Any resident of Pennsylvania who collects/cultivates a Pennsylvania-listed vulnerable plant species and would like to sell these species (or a product derived from them (i.e. root)) across state or international boundaries to direct markets (e.g. via internet, mail order).

Who does not need to obtain a vulnerable plant license?

  • Any resident of Pennsylvania who collects/cultivates any plant listed as vulnerable in Pennsylvania for personal use or pleasure.
  • Any resident of Pennsylvania who collects/cultivates any plant listed as vulnerable in Pennsylvania with the intent to sell the plant (or any product derived from the plant) directly to a consumer through outlets within Pennsylvania (e.g. farmers markets, internet, direct marketing to retailers).

If you are not sure if you need to obtain a vulnerable plant license for your purposes, please contact Chris Firestone, Wild Plant Program Manager, at 570-724-8149.

How to obtain a vulnerable plant license

One may apply at any time during the year for a Pennsylvania vulnerable plant license. The annual fee is $50.00. A license is valid until June 30. Checks must accompany the application form and be made payable to the "Commonwealth of Pennsylvania."
The transfer of any commercial license is strictly prohibited.

Application forms for a vulnerable plant license and dealer transaction report forms are available from the Bureau of Forestry at the following address:

Department of Conservation and Natural Resources
Bureau of Forestry
P.O. Box 8552
Harrisburg, PA 17105-8552
717-787-3444

Requirements of a licensed vulnerable plant dealer

Commerce records

Commerce records must be maintained by all licensed dealers and must include the following information:

  • Name and address of all persons involved in any exchange of a vulnerable plant, along with the date of each transaction;
  • Scientific and common names of the vulnerable plants;
  • The county where the plants were harvested;
  • Description detailing the form or condition of the plants (root, seeds, etc.);
  • The weight, destination and date of export for each shipment of plant roots;
  • A statement of whether the plant roots were wild or cultivated;
  • Any other records required by the Department of Conservation and Natural Resources (DCNR).

All commerce records must be retained for five years and are to be made available upon request for inspection by DCNR.

Quarterly reports

All dealers must submit a Quarterly Report on forms provided by DCNR on a quarterly basis, within 15 days of the end of each quarter. Reports must be submitted even if there are no transactions in the quarter, and must be complete. The quarters are as follows:

  Quarter 1 - January 1 through March 31
Quarter 2 - April 1 through June 30
Quarter 3 - July 1 through September 30
Quarter 4 - October 1 through December 31

Additionally, all dealers must submit an annual report on forms provided by DCNR by January 15 that includes transactions from January 1 to December 31. The reports must be complete. An annual report must be submitted even if there are no transactions for the year.

Harvester certification forms

Graphic of an example of a harvestor certification formIn 2003, the PA DCNR began to require collectors and growers to complete a Harvester Certification Form for any ginseng that they harvest and sell to licensed dealers within Pennsylvania. This form is intended to protect private landowners from theft (poaching) of ginseng from their lands and by signing it you are stating that you received permission from the landowner to harvest ginseng on their land. Information required on this form includes name/address of harvester; date of harvest; date of transfer to dealer; name of dealer; name/address of landowner. Information on these forms remains strictly confidential; collectors and growers should not be concerned that this information will be available at any time to the general public.

Licensed vulnerable plant dealers are presently required to have sellers (collectors, growers) complete a form for EVERY transfer of vulnerable plants by a harvester to a dealer. The form must be completed and signed by the harvester and given to the dealer at the time of transfer. The dealer will attach the ORIGINAL completed Harvester Certification to the corresponding Dealer Quarterly Report when submitting the Report to the Department. The dealer will retain the YELLOW copy of the Harvester Certification to file with business transaction records required by the Department. The dealer will return the PINK copy of the Harvester Certification to the harvester. Dealers are required to attach Harvester Certification Forms to the Quarterly Report forms to document the legal harvest of vulnerable plants in your possession.

The use of this form on a permanent basis is still being considered and debated---with feedback from the public.

Export restrictions

Individuals are not permitted to transport or ship a vulnerable plant species across state boundaries (i.e., export out of Pennsylvania) without first obtaining a Pennsylvania vulnerable plant license and a Pennsylvania export certificate. This applies to all shipments that originate from Pennsylvania. A certificate will only be issued if the individual presents the shipment to the Bureau of Forestry at a Forest District Office and provides the following information:

  • Dealer's name and commercial license number;
  • A statement of whether the product is wild or cultivated/green or dry;
  • The year of harvest of the product being certified;
  • The weight of the shipment verified by a weight receipt from a Department of Agriculture certified scale;
  • Transaction records related to the product being certified;
  • The shipment number and any other information the DCNR may request.

The transfer of any ginseng certificate is strictly prohibited.

Unsold Product

A licensed vulnerable dealer having unsold vulnerable plant product on March 31 is required to obtain a weight slip for that product from a Department of Agriculture certified scale and submit a copy of that slip to the Bureau of Forestry by May 1. A dealer may not obtain a Pennsylvania export certificate in excess of the amount shown on the weight slip.

A LICENSE MAY BE REVOKED IF ANY OF THE ABOVE CONDITIONS
ARE NOT MET.

Any questions, comments or suggestions regarding the content of this text should be directed to Chris Firestone . Permission for use granted for educational purposes.

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