The Law
For such an innate and simple activity, the act of foraging has a rather chequered legal history, and as is so common with such ancient practises, a whole heap of laws relate to it.
Most of what I cover relates to the UK. I’ve provided a broad summary below of the ’legal’ do’s and don’ts, with more in-depth articles and relevant links found in the menu.
These should be a starting point for your own informed research. Any recommended amendments or additions are welcome, but please do cite credible sources.
In a nutshell
- There are several species of plant and fungi that are protected and cannot be harvested.
- There are several species that must not be spread as they are classed as invasive.
- Generally, fungi and plants growing wild can be collected for personal use, from any land.
- Under the Wildlife and Countryside Act it is illegal to remove an entire plant unless you have permission from the landowner. So you wouldn’t be able to uproot a whole plant and take it. Weirdly, it would theoretically be possible to harvest the root, provided you left the above ground parts behind!?
- However, you may be trespassing. Foraged items are still yours and you don’t have to relinquish these. If asked to leave by the land owner or someone acting on their behalf, you must do so by the most appropriate route. You do not have to give your name or answer any of their questions. Trespass is a civil matter, not a criminal one, but it can become so if you refuse, repeat offend, or commit a criminal offence. For this, they need your name. You do not have to give your name or answer any questions.
- Land classed as ‘open access’ under the CROW Act usually doesn’t allow for foraging, unless there are public rights of way - in which case the general rules apply only to those rights of way.
- A blade may be carried, provided it folds, does not lock, and its total length including the handle is below 3 inches.