US Lawyer Database

§ 70-8-312. Powers of Commissioner

The commissioner shall establish programs as necessary and utilize and participate in existing programs and authorities, in order to conserve rare plants in Tennessee. The commissioner may enter into agreements with federal agencies, other state agencies, other states, political subdivisions of this state, or individuals or organizations with respect to programs designed to conserve rare […]

§ 70-8-313. Rules and Regulations

The commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this part. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, except as otherwise provided in this part. The commissioner of agriculture shall review all rules and regulations […]

§ 70-8-314. Limitations on Implementing Provisions

No rule adopted under this part shall cause undue interference with normal agricultural and forestry practices. Nothing in this part shall be construed to permit a person to violate any provision of federal law concerning federally protected endangered or threatened species. Ginseng, Panax quinquefolius,  is regulated under title 62, chapter 28 and is exempt from […]

§ 70-9-102. Legislative Intent

The number of off-highway vehicle users in the state is increasing and is growing as a recognized recreational activity while the number of recreational sites is rapidly declining. In the absence of a program to manage off-highway vehicle (OHV) use, a number of consequences are accruing to the state, including environmental damage and loss of […]

§ 70-8-202. Part Definitions

As used in this part, unless the context otherwise requires: “Cultivated ginseng” means ginseng growing in tilled beds under shade of artificial structures or under natural shade where shrubs or other competing vegetation have been removed and the soil has been prepared to enhance the growth of the ginseng; “Export” means to transport, cause to […]

§ 70-8-204. Prohibited Activities

It is unlawful for any person to dig, harvest, collect or remove wild ginseng from any land for the purpose of sale or export, on any date not within the wild ginseng harvest season established by § 70-8-203. It is unlawful for any person to dig, harvest, collect or remove from any land, for the […]

§ 70-8-205. Penalties

A person violating this part commits a Class A misdemeanor and, upon conviction, shall be punished by a fine not to exceed two hundred fifty dollars ($250), and shall forfeit all ginseng harvested, collected, removed, or sold in violation of this part.

§ 70-8-301. Short Title

This part shall be known and may be cited as “The Rare Plant Protection and Conservation Act of 1985”.