1501:31-40-03 Ginseng certification for exportation.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Natural Resources

Agency Name

 

Division of Wildlife                                             Brock Miskimen

Division                                                                  Contact

 

2045 Morse Road Bldg. D-3 Columbus OH 43229-6693

614-265-6885

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

[e-mail]

Email

1501:31-40-03

Rule Number

NO CHANGE

TYPE of rule filing

Rule Title/Tag Line              Ginseng certification for exportation.

RULE SUMMARY

1.  Is the rule being filed for five year review (FYR)? Yes

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 1533.88

5.  Statute(s) the rule, as filed, amplifies or implements: 1533.88

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

There were no changes made to this rule; this is a five year review of the rule.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

This rule establishes a process for dealers and buyers of ginseng collected or grown in Ohio to obtain a certification for its export from Ohio. The rule establishes a

certification fee for ginseng collected or grown in Ohio. The rule prohibits the export of uncertified ginseng collected or grown in Ohio.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each specific paragraph of the rule that has been modified:

Not Applicable.

12.  Five Year Review (FYR) Date: 7/19/2016 and 07/19/2021

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures. 0

There were no changes made to this rule; this is a five year review of the rule. Therefore, there will be no effect on fees, require additional personnel, or require additional equipment. There will be no impact on the agencies revenue or expenditures.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

A.M. Sub HB64, line 740-401

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

There is no fee associated with the registration permit however, there is a nominal cost associated with record keeping. The Division provides all educational materials as required. There are no new adverse impacts on the industry as there are no proposed changes to this rule.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No

S.B. 2 (129th General Assembly) Questions

18.  Has this rule been filed with the Common Sense Initiative Office pursuant to

R.C. 121.82? Yes

19.  Specific to this rule, answer the following:

A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? Yes

A violation of this rule may result in a conviction of a misdemeanor of the fourth degree.

C.) Does this rule require specific expenditures or the report of information as a condition of compliance? Yes

This rule establishes a record keeping requirement and a process for dealers and buyers of ginseng, collected or grown in Ohio, to obtain a certification for its export from Ohio. The rule establishes a certification fee of $3 per pound for ginseng collected or grown in Ohio. The certification process requires that documentation is provided about the ginseng being certified for export.