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Writer's pictureThe Wild Cooke

Foraging Safety, Ethics, and Law

Introduction


This is the important bit folks. I have tried to write something that I would have found useful when starting out. It is essentially about looking after each other, protecting the planet, keeping safe and understanding what governance applies to us. It's not the shortest post, apologies!


On top of this, I recommend that you also read some other foraging websites and guidebooks guidance on the subject (yes, even more reading!) It will get you used to cross referencing your plants etc. We all cover these topics in different ways.



I am a member of the Association of Foragers which is a membership body of professional plant nerds, mushroom sniffers and wild food wizards. In all seriousness, it is a fantastic organisation that I am proud to represent. We have a list of principles of practice which, as an active member, I abide by. You may find the full list useful so I have placed it at the bottom of this blog or you can find it here.


As teachers, we can give you the knowledge and advice to keep you safe when looking for wild food but, ultimately, that responsibility lies with you. Whether you access wild foods at the salt marshes or the supermarkets there are things to consider. So keep reading, ask questions, stay alert, and take it slow.


Hemlock Water Dropwort is one of the deadliest plants in the UK

Safety


Being safe is essential when it comes to the world of wild foods and it's a big subject. Although I always cover the basics and go over crucial information with my guests, the balance between being respectfully informed and utterly terrified can be hard to balance!

Understanding the complexity of a species is important but it can be off-putting, especially to a novice. So we often simplify the parameters to absorb information more easily. Don't misunderstand me, it is essential to break down the key information on each mushroom, for example. Just bear in mind that there is likely to be further advice and material out there than you are given.



I have provided a list of considerations below but please remember, if you are unsure (in any way) you can simply not eat it. As we say in the business,"if in doubt, leave it out!"


  • Research: utilise a number of recommended foraging books, online resources and try to get out with a professional foraging tutor like me. Be aware that certain giant e-commerce websites (that may or may not be named after a giant woodland across the pond) are selling books written by fake authors, full of AI generated "information" that are known to contain false facts. Be equally wary of plant ID apps and the like. They are not always reliable and can make terrible, and potentially deadly, mistakes.

  • Identification: each species will have a set of key identifiers. Authors usually provide these first. Employ all the senses, go through the tick list and compare several sources. If possible, take a sample home with you to study and do not attempt to make the identification fit. I always tell my students to watch the full life cycle of the organism. This will give you the fullest picture and a thorough understanding of what you are dealing with.

  • Location: where are you? Is the place rural or urban? Are there likely to be toxins in the area? Is this a good place to harvest from? Make a note of your resources' author and where they live. I have found that most do not write from the West Highlands of Scotland and therefore their experience and advice does not always align exactly with what I find. Remember that other countries have different species to the ones found in the UK.

  • Habitat: luckily a lot of organisms need specific environments to flourish so you can narrow down your search by seeking them out. This is when you realise that foraging provides you with a basic understanding of your environment. Bonus!

  • Season: take note of the time of year as this will usually dictate what part of the plant etc that you are going to harvest. Generally fresh greens are found earlier in the year, flowers in the summer and fruits (seeds) towards the autumn. I say generally as this isn't always the case. Ask the bog myrtle.

  • Lookalikes: often guides will note similar looking species so you should focus on ruling them out first.

  • Fungi Vs plants (and other organisms): whilst most of us seem to be culturally frightened of wild mushrooms, plants don't get the same reaction. There are many toxic plants out there. We should have a healthy respect for them and the mushies.

  • Health: one thing I have found since becoming a foraging teacher is that we can get so excited by learning that we forget basic things. If there is evidence of a slug eating your specimen it might not be the best example to make an ID. If your plant looks unhealthy in anyway why not look for a better one. Did you know that red can be a sign of stress in plants? If your mushroom is rotting it is past it's best and will not provide an accurate match to the description you are using. Look. Properly look.

  • Toxicity and tolerance: there is often a sliding scale to toxicity due to numerous factors and circumstances. Note any warnings and act accordingly. Remember that as individuals we can react negatively to new foods which is why you are advised to only try a small amounts at first. This is particularly important for certain fungi that can cause adverse reactions for some people and also for folk with known allergies to related species.

  • Processing: follow advised methods, they are usually there for a reason!!

  • Cooking: note any important advice on cooking instructions. Can you eat it raw or does it need to be heated to a certain temperate first? Many types of fungi and some plants need certain lengths of cooking time in order to become safe to eat.

  • Preservation: again take advice as different techniques can change the taste and consistency of your ingredients. For example hedgehog mushrooms can become bitter if you dry them so they are better pickled or part cooked and frozen.

  • Help: perhaps you have done all of the above but still need some help to make that positive ID? If sending photographs to a foraging tutor please be polite and make sure you send adequate pictures of the whole species from all angles.

  • Be aware: unfortunately most of the generalisations and "rules" that you know or read about are not absolute. You may find an autumn fungi in the summer or a coastal plants miles inland. There are exceptions and oddities which can leave the forager dazed and confused. Nature doesn't seem to like rules. These marvels test our knowledge and impress us for sure. Just remember - "if in doubt, l leave it out!"



Sustainability


I imagine that you care about this extraordinary place that we call home and would like to protect it? Mindful foraging is absolutely essential. I often reflect that we are stewards of the forest and watchers of the waterways. Most of us care anyway but it is within our interests to ensure that our environment continues to thrive.


Occasionally the topic of sustainability arises. Is foraging sustainable? Does it harm the environment? Surely there are too many of us to be able to harvest wild foods without causing issues? You are stealing berries from the birds! Think about the squirrels! That last one is my favourite. A comment I heard after picking around seven hazelnuts.


I am really hoping that if you have read the whole of this blog you already see how gentle and thoughtful us foragers are trying to be. We are known to rewild our gardens, make ethical purchases, support local businesses and


Unfortunately (or fortunately?) foraging is way down the list of destructive environmental activities. From fracking to fish farming there are sadly many large industrialised movements that cause massive ecological damage and degradation to our planet. Much work needs to be done across society to change things. As for foraging, I would suggest, as long as it is done mindfully and with care, it is more likely to add something to our ecosystem. We can protect, conserve, prosper and celebrate.


So how do we forage responsibly?


My mentor Mark Williams of Galloway Wild Foods refers to it as "thinning abundance" and I always like to say to my students that the ideal way to harvest in most situations is to go unnoticed. I want to be able to walk away from the site having been so delicate and thoughtful that you cannot tell I was ever there. Picking wild garlic leaves are a great example. Look for large colonies and take only one or two leaves from each plant. Do not revisit the same spot year after year- find new areas to harvest from. There is evidence to suggest that bulbs are weakened through repeated harvesting.


Here is a sad site evidencing the damage we can cause by harvesting without care

Pick Shaming and over-harvesting


Even though we often need to pick species in order to ID them, I see a lot of trolling on the internet in response to folk asking for identification help after picking fungi. Aside from the obvious needless negativity, the suggestion that picking specimens is somehow unethical or selfish is ridiculous. Encouragement and gentle guidance works much better. As long as we are mindful about sustainability like I mentioned above, picking is perfectly fine and sometimes absolutely necessary to achieve an ID. On that note, if you are picking unknown specimens I recommend that you keep them separate to any other items in your baskets. I often take bags and tupperware to do this and avoid cross contamination with edible and non edibles.



An interesting piece of work on the subject is "Mushroom picking does not impair future harvests – results of a long-term study in Switzerland" by Simon Egli, Martina Peter, Christoph Buser, Werner Stahel, and François Ayer. The article finds that there isn't a reduction in the fruiting numbers of the fungi if the patch is systematically and regularity picked over 25 years. It is worth noting that there was a reduced difference in trampled areas.


I sometimes reflect on kids kicking over loads of fungi and, although I might get personally annoyed over the missed opportunity to harvest if they were edible, I can't help but smile at the evidence of wee people interacting with nature. And who is to say that they aren't carrying important spores on their shoes and securing the future of the organism in a new area. Sure I'd like to tell them about the amazing network underneath their feet and how each specimen is releasing billions of spores into the atmosphere that they are potentially contributing and how cool is that?! But you can't get them all.



Law


How does foraging sit within British law and what do you need to know if you want to pick and eat wild foods. Well the good news is that in most cases, foraging sustainably, for your own use, is fine. Did you know that foraging has been a legal right since at least the 13th century? Does it say something about British attitude to wild foods in that it's inclusion is within the Theft Act.. Probably.. but at least it's somewhere I guess. See this section below for the current terminology.


Section 4, subsection (3) 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.For purposes of this subsection “mushroom” includes any fungus, and “plant” includes any shrub or tree.


It you wish to go further than cutting a leaf or plucking a fruit, and want to uproot a plant then you should seek land owner permission. See here: Uprooting Wild Plants – Wildlife and Countryside Act 1981. Please note that harvesting roots, bulbs, tubers etc should always be done mindfully in any case as this often results in the death of the plant.


There are several other pieces of legislation that concern us too, quite often regarding the land you are foraging on, and the law works slightly differently across the UK.


Scotland


In Scotland we have the Right to Roam through the Land Reform (Scotland) Act 2003. This wonderful law allows us to access all land including public and private for recreational and education purposes.


I would still suggest that you attempt to ask for permission, where possible and appropriate, from the land owner when out foraging.


The Scottish outdoor access code is also something you should be familiar with when enjoying the great outdoors for any activity.


Enjoying the right to roam in Scotland

England and Wales


Unfortunately there is no such enlightened right to roam law south of the border. Unless you are foraging in public areas then you may come up against certain trespassing issues. Although these should be dealt with as a civic matter rather than criminal.


Exceptions


Places that you should consider as technically off limits without permission are places like Sites of Special Scientific Interest (SSSI's) and National Nature Reserves (NNR) through the Wildlife and Countryside Act 1981 later amended by the Nature Conservation (Scotland) Act 2004.


Commercial Harvesting


As well as permission from the land owner, commercial harvesting sometimes requires a licence.


Further Reading


There are several fantastic blog posts written by Daniel Butler of Fungi Forays on the law aspect , if you would like to delve deeper.


Thanks for reading pals


Lucy 🪸





The Association of Foragers

Principles of Practice

1. Principles

1.1 The Association of Foragers sees foraging playing an increasingly important role supporting, promoting and defending the health of all plants, fungi, algae, animals (including humans) and the habitats/environments in which they exist.

1.2 The Association of Foragers recognises the ecological interconnectivity of all species and seeks to spread knowledge, understanding and best foraging practice in a move towards more diverse and resilient food systems and land use.

1.3 Members see humans as 'a part of nature' rather than 'apart from nature', and believe that it is only through engaging with nature in practical and meaningful ways that we can truly support it.

1.4 The Association of Foragers is an inclusive members organisation, opposed to discrimination and prejudice, not least because it divides rather than unites. All people, whether members of the Association or members of the general public, have a right to be treated with respect for their diversity and to participate in activities that do not discriminate against them on grounds of age, disability, neurodiversity, ethnicity, nationality, pregnancy or maternity, religion or belief, sex, sexual orientation, gender or gender reassignment. The Association of Foragers does not regard prejudicial language or comments about people on the grounds of age, disability, neurodiversity, ethnicity, nationality, pregnancy or maternity, religion or belief, sex, sexual orientation, gender or gender reassignment, as acceptable behaviour among its members.

1.5 Members of the Association of Foragers sign up to these Principles of Practice when joining the organisation. Abiding by these Principles is a condition of continued membership.


2. Towards Best Foraging Practice

2.1 The Association of Foragers share the same objective of Article 1 of the internationally ratified Convention on Biodiversity (1992):


“The conservation of biological diversity, the sustainable use of its components and the fair and equitable sharing of the benefits arising out of the utilisation of genetic resources'.


2.2 In so doing, we work safely and within the law to develop knowledge and relationships between all interested parties to find best foraging practice through shared experience, research and collaboration.


2.3 We recognise each individual species that is foraged and each location in which foraging takes place requires its own set of skills. In this respect it is impractical and undesirable to impose a comprehensive set of rules.


2.4 We undertake to observe how species respond to harvesting methods. Where a harvesting method is beneficial or neutral to a species and/or location we will share that knowledge among interested parties and other foragers. Similarly, in the event of a particular harvesting technique proving detrimental to a species and/or location, we will alter our practice accordingly and share that knowledge among interested parties and other foragers.


2.5 As our understanding of best practice with regard to species and locations is constantly evolving, so will this document. We welcome constructive, evidence-based discussion and dialogue on general principles, specific species and distinct locations with all interested parties.


3. Safety

3.1 Members teach that it is essential to be 100% confident of identification before eating any species. If we are not sure ourselves, we are not afraid to admit it honestly and err on the side of safety.


3.2 Teachers and suppliers will take reasonable measures to understand and pass on relevant information on species edibility and allergy advice, to interested parties.


3.2 Members who pick commercially will never supply anything that they are not 100% confident is correctly identified and, is regarded within current research, as safe to consume.


3.3 Members will do their best to be well informed on current best practice and any peer reviewed science relating to our activities, and welcome research and experience-based opinion.


4. Legality and Compliance

4.1 We uphold the laws of the land that we forage in regardless of which country we are in and all members undertake to know and abide by the relevant laws of the country they are foraging in.


4.2 Members working as foraging instructors undertake to act with a reasonable duty of care to those they teach. As standard, instructors are expected to have relevant, appropriate insurance, basic first aid and food hygiene certification, perform risk-assessments, and make themselves aware of client’s allergies, medical conditions etc.


4.3 Wild food suppliers undertake to uphold the law as it applies to foods. For example, where applicable, to hold the relevant food hygiene certificates for handling or catering and to carry public liability and professional indemnity insurance and prepare risk assessments.


4.4 Foragers making products from foraged species also undertake to abide by any relevant legislation specific to their produce and to carry relevant, appropriate insurance.


5. Considerate Foraging

5.1 We teach that the interests of foragers and the species that they forage are aligned, and that foraging should always be carried out in ways that do not compromise future species populations or the biological communities of which they are a part. 



5.2 Further to ecological considerations, when foraging or teaching about foraging, we also consider other interested parties (including other foragers) that may value a species/location. Where possible we seek to open dialogue, collaborate and advance our understanding of species/locations, with a view to finding best practice.


5.3 The Association supports the creation of site-specific management plans and harvesting rotations, where appropriate.


5.4 We undertake that all species will be harvested using techniques that do not cause permanent or irrevocable damage to them, their future survival and the environments in which they exist


5.5 Members will be respectful, encouraging and supportive of other members and anyone practicing foraging.


5.6 Where members see foraging practices that they know from experience and scientific research to be harmful, they will respectfully challenge that behaviour through discussion and dialogue.


5.7 Members will endeavour to treat other members in a friendly and courteous manner, and where our work overlaps we undertake to resolve any differences in a civil and professional manner

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