Is Foraging actually legal?

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Before you grab your basket and go skipping off picking some delicious greens or some scrumptious berries in the wild countryside of the UK.. The question is, “Are you actually allowed to do this?”

The quick answer is… “Yes” however.. There are some laws to consider and polite ways to go about foraging in the UK.

Very simply, you are free to forage on common land and public rights of way in the UK. If you are looking at how much land we have open access to, have a look at Open Access Land (established by the CRoW Act 2000) it’s actually only 8% of England sadly. In terms of bridle paths and foot paths, that’s access to 140,000 miles of narrow strips of land we can forage along. Large areas of common land in Staffordshire for example would be areas like Cannock Chase and the Roaches.

Natural England Open Access Map: This is the official national map for England. You can search by postcode or place name to see a “yellow wash” over areas designated as open access land. It is available via the Natural England Open Access portal.

What can we forage?

Under the theft act of 1968 we can forage the 4 F’s, even on private land, these are:

Fruit

Flowers

Fungi

Foliage

Providing this is for personal use and you aren’t selling your finds a the local market and commercially, go for it! You can find lots! How much is ok to forage? I’ll cover that in another post on responsible foraging.

Foraging on private land is a grey area. It is not illegal to forage but being on the land without permission is classed as trepass.

So where you forage is worth checking as there may be other restrictions. This is by no means meant to put you off, there is still places to forage but these are aspects to consider.

SSSI (Sites of Special Scientific Interest). These areas are protecting rare ecosystems so foraging is not allowed.

Protected Species. There is a list of endangered species that we can’t forage for example the Lions Mane (Hericium erinaceus). This funghi is rare in the UK but very popular now as it’s classed as a super food and has been over foraged.

The Wildlife and Countryside Act 1981: It is illegal to uproot any wild plant without the landowner’s permission. If you need a spade, you need a permit.

Byelaws: specific Nature Reserves will forbid foraging and some places like Royal Parks in London. So please check.

So, in short…..

  • Personal use? Absolutely fine.
  • Selling your haul? Nope, that’s illegal.
  • Digging up roots? Strictly forbidden (unless you have permission).
  • Rare plants? Leave them be so everyone can enjoy them.

Basically, if you’re respectful, take only what you need, and leave plenty for the birds and the bees, you’re all set. Happy foraging!

If you would like to learn more, please check out events for foraging walks or private bespoke walks can be arranged. Feel free to contact emma@wildpickle.co.uk for more information and availability.

P

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