Botanical sourcing and CITES: check the listing before you buy, ship or claim sustainable sourcing
Check the species, appendix, annotation and plant part for every botanical before you buy or ship it, and keep sustainability marks as a separate claim.
In Short
- Check appendix and annotation.
- Ginseng root is not ginseng extract.
- A permit is not a sustainability mark.
Purchasing, quality and regulatory teams buying wild or cultivated botanicals for supplements need to know when international trade requires a CITES document. Opened: current eCFR 50 CFR Part 23, the US rules implementing CITES (up to date 1 October 2026), including 23.4, 23.13, 23.61, 23.68 and 23.72. Not opened: the CITES treaty text (the CITES website refused automated access), the current Appendices and annotations, other countries' CITES rules, the EU wildlife trade regulation, and the FairWild and UEBT standards. It is orientation, not legal advice. Sources checked 5 Oct 2026.
Three appendices, three levels
50 CFR 23.4 explains that species are listed in one of three appendices, each with a different level of protection. Appendix I includes species threatened with extinction that are or may be affected by trade; trade in Appendix I specimens may take place only in exceptional circumstances.
Which appendix? (summary of 50 CFR 23.4)
- Threatened with extinction and affected by trade.
More on three appendices, three levels
Appendix II includes species not presently threatened with extinction that may become so if trade is not regulated, and species listed because they look like other listed species. Parties regulate specimens and their parts, products and derivatives through permits and certificates.
What US law prohibits
Under 23.13, it is unlawful for any person subject to US jurisdiction to import, export, re-export or engage in international trade with any specimen of a species listed in Appendix I, II or III unless the requirements of Part 23 are met. It is also unlawful to possess a specimen traded contrary to CITES, the Endangered Species Act or Part 23, or to use one contrary to 23.55.
More on what US law prohibits
Listings carry annotations that decide which parts and derivatives are covered, so check the current annotation for the exact plant part and form you buy.
Ginseng: Root versus Extract
Section 23.68(a) shows why form matters. Whole plants and roots, whether whole, sliced or in parts, of American ginseng (Panax quinquefolius), wild or artificially propagated, are included in Appendix II.
Worked Example: Three Invented Ginseng Receipts
| Receipt | Form | Note |
|---|---|---|
| GR-101 | Dried whole roots, wild | Appendix II: CITES document checked |
| GR-102 | Manufactured root powder | Excluded derivative under 23.68(a) |
| GR-103 | Cultivated roots, status unclear | Treated as wild for export: ask supplier |
- GR-101
- Form
- Dried whole roots, wild
- Note
- Appendix II: CITES document checked
- GR-102
- Form
- Manufactured root powder
- Note
- Excluded derivative under 23.68(a)
- GR-103
- Form
- Cultivated roots, status unclear
- Note
- Treated as wild for export: ask supplier
More on ginseng: Root versus Extract
Manufactured parts, products and derivatives, such as powders, pills, extracts, tonics, teas and confectionery, are excluded from that listing. Cultivated American ginseng that does not meet the requirements for artificially propagated plants is considered wild for export and re-export. States and Tribes run ginseng programmes that affect export approval.
Plants, Seeds and Non-Detriment Findings
Under 23.72(b), international shipments of seeds of Appendix I species, with limited exceptions, and of Appendix II or III species whose annotation includes seeds, must be accompanied by a valid CITES document. Under 23.72(c), a plant grown from exempt plant material is regulated by CITES.
More on plants, Seeds and Non-Detriment Findings
Section 23.61 explains that before a document is issued for export of Appendix I or II specimens, the authority must find the export not detrimental to the species' survival, and the applicant must provide enough information for that finding.
Sustainability marks are a separate claim
A CITES document shows a shipment meets the permit system. It is not a sustainability claim.
Receiving Record for a Listed Botanical
More on sustainability marks are a separate claim
FairWild and UEBT are voluntary certification schemes; this guide did not open their standards, so it describes none of their requirements. If you make a certified-sourcing claim, keep the certificate, its scope, validity and the lots it covers, and treat the wording as an advertising claim with its own substantiation. Your purchasing and regulatory teams decide what each shipment and each claim needs.
Questions
Do American ginseng extracts need CITES documents?
Under 50 CFR 23.68(a), the Appendix II listing covers whole plants and roots but excludes manufactured derivatives such as powders, pills, extracts, tonics and teas.
Who has to comply with 50 CFR Part 23?
Under 23.13, any person subject to US jurisdiction who imports, exports, re-exports or trades internationally in specimens of listed species.
Is a CITES permit the same as sustainable sourcing?
No. CITES documents show trade meets the treaty's permit system. FairWild and UEBT certifications are separate, voluntary schemes.
Does V5 check CITES listings?
No. V5 records supplier documents, certificates and lot links at receiving. Your purchasing and regulatory teams decide what a shipment needs.
Practical orientation, not legal advice. Rules differ by jurisdiction; your quality and compliance team decides what applies.
