DISCLAIMER : this opinion article does not constitute legal advice. prior to foraging, please consult all relevant legal authorities.

We all know the temptation - you’re driving along and spy a particularly fantastic specimen of * insert your favourite shrub/flower/tree here * and the temptation to pull over and whip out your snips can be overwhelming. But just because you have the ability to, does it mean you should? Here in the United Kingdom, whether or not foraging is legal very much depends on the circumstances you are foraging under - frankly it’s complicated, as the right to forage is bound up into several different laws. This post is intended to help you understand the different aspects you need to be aware of should you wish to forage in the UK.

Please note that this post should not be relied upon as the definitive law. It’s also worth noting that as the UK is formed from four separate countries, the laws may differ from country to country. Always check local bylaws affecting your area.

Can I legally forage flowers and foliage?

The Theft Act 1968, for England and Wales, states that: 

“A person who picks mushrooms growing wild on any land, or who picks flowers, fruit or foliage from a plant growing wild on any land, does not (although not in possession of the land) steal what he picks, unless he does it for reward or for sale or other commercial purpose.”

Therefore, there is a common law right to forage as long as it’s for your own personal use and it’s growing wild. Picking cultivated crops or collecting wild food with commercial purposes would be considered theft.

So, although you are allowed to pick wild plants on any land, it’s essential that you get the landowner’s permission to enter onto private land in the first place. Some places where access is permitted will have bylaws which may remove or control some of these common rights to collect wild food. There should be notices displayed somewhere near the entrance. Local bylaws can be passed by councils, National Trust and government conservation agencies such as Natural England, Scottish Natural Heritage and the Countryside Council for Wales.

In short - always do you research before attempting to forage anything, from anywhere.

Can I legally JUST TAKE a plant from a wild space?

In short, no! The Wildlife and Countryside Act 1981 (WCA) states that it is an offence to uproot any plant from any land without permission from the landowner or any authorised person. Permission must always be sought, and I’d suggest you have your permission in writing prior to harvesting. Read more about The Wildlife and Countryside Act here.

WHAT IF A SPACE IS A SITE OF SPECIAL SCIENTIFIC INTEREST?

Plants featured in the declaration of a SSSI are protected and it might be illegal to collect them without permission from the relevant bodies: Natural England, Natural Resources Wales, Scottish Natural Heritage or the Council for Nature Conservation in Northern Ireland.

In the case of Scotland, the Nature Conservation (Scotland) Act 2004 make it illegal to pick any wild plants or fungi on a Site of Special Scientific Interest (SSSI) or a National Nature Reserve (NNR) without the express permission of Scottish Natural Heritage, who would first require you to present written permission from the landowner. You can read more about the Act here.

SO IF I’M FORAGING ONLY FOR MY OWN PERSONAL USE, AND I HAVE PERMISSION FROM THE LANDOWNER, AND I’M NOT UPROOTING ANY PLANTS, AND THE SITE ISN’T A SITE OF SPECIAL SCIENTIFIC INTEREST … CAN I FORAGE?

Hold up. Theres just one more legal check to consider : In the UK, there are a number of endangered plants specifically protected by law on Schedule 8 of the Wildlife and Countryside Act (1981) and it’s illegal to pick or damage them by anyone, including the landowner. You should bear in mind that there is also a Red Data List of rare species, including plants and fungi. The public must be aware of such species and never pick any of these nor disrupting its habitat by careless foraging or damaging activities.

WHAT YOUR FORAGING CHECK LIST SHOULD LOOK LIKE:

“I am foraging for personal use only.” ✓

“I have permission from the landowner or relative authority to forage here.” ✓

“I am not removing any plants.” ✓

“The site is not a Site of Special Scientific Interest.” ✓

“And I am not taking any rare or endangered plants protected by law.” ✓

If you can tick all of the above boxes, then you’re likely good to go.

Now we’ve discussed the legal requirements, let’s explore how to be a responsible forager.

TOP FORAGING TIPS

Know what you're picking.

Never cut a plant unless you are absolutely certain of its identification - it could be rare and protected, inedible or poisonous. Use reference books to identify them, and if you can’t identify it, don’t touch it.

Only collect from plentiful, healthy populations.

Only collect flowers, leaves, fruits and seeds where they are in abundance, and in good health. Never cut from a plant that is diseased, or damaged. Be considerate to the plants, the wildlife, and the area.

Leave plenty behind.

Wild food is vital for the survival of the UK’s wildlife. Forage considerately to ensure there is enough left for wildlife and to ensure plants can regenerate.

Remember the rule of thirds.

When considering how much you can take from a single plant, never remove more than one third of the total volume of the plant. The theory stands that by always leaving two thirds or more of plant in the wild, the plant will be able to bounce back given some time.

Minimise damage.
When cutting from the wild, always use a sharp knife, or sharp snips, and always be sure to cut the stem on an angle, just above a node, bud or nodule. Cutting the stem on an angle allows rainwater to run off the plant, and reduces the chance of infection taking hold, whilst cutting just above a node means that plant will be able to continue it’s growth quickly, and with little extra effort.

Take a bucket with you.

Taking a bucket of water with you is a smart idea, especially in the summer months. You’ll find that wild plants are often more prone to wilting as they haven’t been grown and fed in the way that cultivated plants are, so having a water source to plunge them into directly after cutting will give them the best chance of survival.

Wear gloves, and long sleeves.

You’re never the only living thing in the area where you’re foraging, so wearing personal protective wear is a pretty good idea.

Finally, always use your common sense.

Never forage alone in remote areas. Never forage in dangerous weather. Always tell a friend where you are going. Employ your common sense before attempting any excursion.

Have a wonderful week,

- Joseph

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