Foraging laws in the United States vary by land type, by species, and by whether you’re picking for your own kitchen or planning to sell. On most Bureau of Land Management (BLM) land and in national forests, you can gather small amounts of common plants, berries, nuts, cones, and mushrooms for personal use without a permit. National parks are the opposite: collecting anything is prohibited unless the superintendent has specifically authorized it. State parks and local public lands fall somewhere in between and have to be checked individually. Private land always requires the owner’s permission. And no matter where you are, protected species are off-limits and commercial harvesting triggers permits, food safety rules, and taxes.
Where Foraging Is Generally Allowed
BLM-managed public lands and national forests are the most permissive places to forage. The BLM allows visitors to collect small amounts of plants, seeds, berries, flowers, nuts, cones, and mushrooms for personal use in most areas, with stricter limits in ecologically sensitive locations.1Bureau of Land Management. Can I Keep This? “Personal” is the operative word. You can pick berries for a pie or gather mushrooms for dinner without paperwork. You cannot sell, barter, or give away what you collect under free-use rules.
The BLM publishes quantity thresholds that define personal use. A single household may gather, per year and without a permit:
- Up to five gallons of berries per species
- Up to two bushels of ornamental cones
- Up to 25 pounds of pine nuts
- Up to five pounds each of boughs, greenery, and moss2Bureau of Land Management. Forest Product Permits
Anything above those amounts needs a permit, and in some cases a formal contract with the agency. National forests work on the same principle, with thresholds that vary by region. In the Blue Mountains National Forests, possessing one gallon or less of mushrooms is free use in Oregon, while the threshold rises to five gallons in Washington.3U.S. Forest Service. 2025 Mushroom Guide
Posted signs and local ranger district rules override the general guidelines. Areas with active timber sales, recent burn scars, or sensitive wildlife habitat may be closed to all collection. Check the specific field office or ranger station before heading out.
National Parks Are Different
National parks operate under a default prohibition. Collecting any natural product in a national park is forbidden unless the park superintendent has specifically designated it as available for gathering.4eCFR. 36 CFR 2.1 – Preservation of Natural, Cultural and Archeological Resources A superintendent can authorize hand-gathering of certain fruits, berries, nuts, or unoccupied seashells for personal use and consumption, but only after a written determination that the activity won’t harm park resources or plant reproduction.
Where gathering is authorized, expect tight limits on quantity, location, and whether products can leave the park. Commercial collection in national parks is always prohibited. The practical rule: assume you cannot forage in any national park unless park staff have confirmed a specific exception. People who treat national parks like national forests are the ones who leave with citations.
State Parks, Local Land, and Private Property
State and local lands run under their own administrative codes, and the variation is wide. Many state parks ban all plant collection to protect local ecosystems; others allow limited gathering of specific species with daily weight caps. Wildlife management areas may close to harvesting entirely during nesting seasons or while forests regenerate. Historical sites, areas with recent pesticide or herbicide application, and locations with soil erosion concerns are often closed as well. Municipal parks add another layer, with local ordinances covering not just picking but parking, group size, and noise.
For any state, county, or city land, contact the managing agency before you collect anything. Rules rarely transfer from one park system to the next, even within the same state.
Private land requires the owner’s permission. Entering without it is trespassing. Verbal permission works in an informal sense, but a short written agreement protects both sides. A simple letter should identify who is authorized to enter, the dates of access, what can be collected, and the property boundaries. The landowner’s signature and contact information give you something to show if a neighbor or officer questions your presence.
Species You Can’t Collect Anywhere
No permit and no landowner’s permission makes it legal to collect a plant listed under the Endangered Species Act. Federal law prohibits removing any listed endangered plant from federal land or damaging such species on any land in knowing violation of state law.5Office of the Law Revision Counsel. 16 USC 1538 – Prohibited Acts Civil penalties for knowing violations reach $25,000 per incident, and criminal convictions carry fines up to $50,000 and up to one year in prison.6Office of the Law Revision Counsel. 16 USC 1540 – Penalties and Enforcement State-level equivalents extend similar protections to species that are rare regionally but not federally listed.
The Lacey Act adds a second layer of liability. If you knowingly traffic in plants taken in violation of any federal, state, or tribal law and the market value exceeds $350, you face up to five years in prison and fines up to $20,000.7Office of the Law Revision Counsel. 16 USC 3373 – Penalties and Sanctions If you didn’t know the plants were illegally harvested but should have exercised better judgment, civil penalties up to $10,000 per violation still apply. Lacey Act forfeiture is strict liability: authorities can seize illegally harvested plants and the equipment used to collect or transport them, whether the person holding them knew anything was wrong or not.
Ginseng, Orchids, and Other Protected Plants
American ginseng is one of the most heavily regulated wild plants in the country. Listed under Appendix II of CITES, ginseng roots can only be legally exported through states and tribes that maintain approved harvest programs with the U.S. Fish and Wildlife Service.8eCFR. 50 CFR 23.68 – Trade in Roots of American Ginseng Nineteen states allow a ginseng harvest, and all restrict the season to September or later. Most require plants to be at least five years old with three compound leaves, though some set the minimum at ten years.9U.S. Fish & Wildlife Service. American Ginseng Dealers must be licensed, keep detailed transaction records, and have roots inspected and certified by state personnel before sale or export. Underage roots are illegal to pick, sell, buy, or export.
Orchids, native cacti, and other slow-growing perennials frequently appear on both federal and state protected lists. The common thread is that these species can’t recover from commercial-scale collection, so unauthorized take is treated seriously. If you’re unsure about a species, check the U.S. Fish and Wildlife Service’s threatened and endangered species database before you collect it.
When Collecting Becomes Commercial
The line between recreational and commercial foraging comes down to volume and intent. Below the agency’s quantity threshold, you’re a recreational forager. Above it, you need a commercial permit. On Forest Service land in the Blue Mountains, possessing more than one gallon of mushrooms in Oregon is automatically commercial, and the threshold is five gallons in Washington.3U.S. Forest Service. 2025 Mushroom Guide This classification holds even in wilderness areas, where commercial picking is flatly prohibited; exceeding the free-use limit inside a wilderness boundary turns a legal activity into a banned one.
Intent matters independently of volume. If you plan to sell, barter, or give away what you collect, the activity is commercial no matter how little you pick. Free-use mushrooms “cannot be sold, bartered, or given away.” Once you’re in commercial territory, permit requirements, state business licensing, and tax obligations all come with it.
How to Get a Permit
A permit is required whenever you exceed personal-use thresholds or plan to harvest for any commercial purpose. On BLM land, applicants must be at least 18 years old and present a valid government-issued photo ID.2Bureau of Land Management. Forest Product Permits The application asks you to specify the species, the location (often by forest unit number or harvest area), and the estimated quantity in pounds, gallons, or bushels. That information defines what you’re authorized to collect and where.
Several BLM field offices and Forest Service districts offer online permit purchases, and paper applications by mail to regional offices remain an option where online systems don’t exist. Fees vary by product and scale, and commercial permits may carry per-unit pricing on top of a base fee.
Carry the permit in the field along with your ID. Commercial mushroom harvesters on Forest Service land must also maintain a product quantity removal record on the permit itself, logging the date, time, and gallons removed in ink before transporting anything.3U.S. Forest Service. 2025 Mushroom Guide If a ranger asks for your documentation, producing it immediately is the difference between a routine check and a citation.
Taxes and Food Safety for Sellers
Income from selling foraged goods is taxable. If your net self-employment earnings reach $400 in a year, you owe self-employment tax and must file Schedule SE with your federal return.10Internal Revenue Service. Self-Employment Tax (Social Security and Medicare Taxes) A few weekends selling mushrooms at a farmers market can get you there. Most commercial foragers report income and expenses on Schedule C; if the operation qualifies as farming under the IRS definition, Schedule F applies instead and opens up certain agricultural deductions.11Internal Revenue Service. Farmer’s Tax Guide (Publication 225) Keep receipts for gas, permits, equipment, packaging, and booth fees; they’re deductible against your foraging income. The IRS expects you to retain records for at least three years from when the return was due or filed.
Selling to the public also brings food safety regulation into play. The federal Produce Safety Rule under the Food Safety Modernization Act covers fruits, vegetables, mushrooms, herbs, and nuts grown for human consumption, though wild-harvested products occupy a gray area because foraging doesn’t fit neatly into the regulatory definition of farming.12eCFR. 21 CFR Part 112 – Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption Produce gathered purely for personal consumption is explicitly exempt. State cottage food laws often allow home-based production and direct-to-consumer sales of certain foods, but they frequently exclude wild mushrooms and foraged plants because of the identification risks. Some states require commercial sellers of wild mushrooms to hold a certification from an accredited identification program. Before selling at farmers markets, to restaurants, or to retail stores, contact your state’s department of agriculture or health to confirm which permits, certifications, and labels your products need.
Penalties If You Get It Wrong
Penalties scale with the violation. Collecting common plants without a required permit on national forest land is a regulatory infraction that can bring fines up to $5,000 and up to six months in jail. Authorities can also confiscate what you’ve gathered along with the tools, containers, and vehicles used to collect and transport it.
Protected species carry far steeper consequences. A knowing Endangered Species Act violation can bring civil penalties up to $25,000 per violation, and criminal convictions bring fines up to $50,000 and up to one year in prison.6Office of the Law Revision Counsel. 16 USC 1540 – Penalties and Enforcement If illegally harvested plants are sold or moved across state lines, Lacey Act penalties stack on top: up to $20,000 in fines and five years in prison for knowing trafficking involving products valued above $350.7Office of the Law Revision Counsel. 16 USC 3373 – Penalties and Sanctions Lacey Act forfeiture is strict liability, so illegally harvested materials can be seized from anyone holding them, including a buyer who had no idea the plants were taken illegally.
Trespassing is a separate charge that stacks on any resource violation. First-offense criminal trespass on private property is typically a misdemeanor, with fines varying by state. Trespass combined with resource theft and a possible endangered species charge is where foraging penalties escalate from an inconvenient fine to a serious criminal record. Staying on authorized land, respecting the quantity limits, and avoiding protected species eliminates almost all of that risk.