Ok, as promised, I'm going to touch on how to keep yourself legal while enjoying your foraging. So, take a deep breath and hold my hand....we're going in!
There are two main bits of legislation covering foraging in the UK. These are the Wildlife and Countryside Act of 1981 and the Countryside and Rights of Way Act 2000 (known as CROW). The Crow act is mainly to do with opening up areas of the countryside to ramblers and such. On such land, called 'access land' the permission of the landowner is required before any foraging can take place. CROW makes it clear that any member of the public who enters access land must not pick any plant or part of one -irrespective of the Theft Act exception I have touched on.
The WCA is a complex piece of legislation, which touches upon common law rights in certain areas. In general a landowner owns all trees and plants growing upon his or her plot. An owner has the right to dig up such objects from the land (and to sell them), but WCA intervenes in the case of certain protected wild plants. In short if a plant species is protected under WCA, no one can pick, destroy or sell it (including the landowner). If a species does not enjoy WCA protection what about the forager who wants to take plants? An act of this nature would ordinarily be theft, but an exception in the Theft Act states that in the case of mushrooms or plants growing wild on land, a person may take away foliage, fruit or parts of the plant without committing an offence - unless it is done with the intention of selling them, or for other reward.
Although there is still some argument in law over what is a plant "growing wild", put simply, those plants which are obviously commercially grown cannot be taken (hence scrumping is theft.) whilst free-growing blackberry plants cannot have their fruits stolen unless for re-sale. It is worth noting though, that the above exception only protects the person who takes only part of a plant, if all the plant is taken away an act of theft arises, as against a landowner. Oddly, this means that I can dig up a horseradish but I have to leave the foliage behind!
In general though, the observing the following rules should keep you on the right side of the law.
1. It is illegal to uproot any wild plant without the prior permission of the landowner.
2. It is illegal to disturb or collect plant material from any wild plant 'Protected' by the WCA
3. Trespassers Beware! Gain landowners permission before entering private land.
These laws can are complex and, in many respects, controversial. Ramblers and foragers think they go too far and landowners don't think they go far enough. Exercise common sense and abstain from 'strip foraging' and you should be ok though.....well, just as long as you don't sell the stuff!
Finally, can I say that I'm not a lawyer and that the above represents my understanding of the laws concerned!
(he added hastily!!)
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