Guidance on foraging in Scotland

This guidance is aimed at:

• people undertaking foraging for commercial purposes
• landowners / managers dealing with enquiries about foraging
• access authorities and local access forums dealing with foraging queries

Advice for the general public undertaking foraging activities for personal use is available on the Collecting wild food page of the Outdoor Access Scotland website.

This guidance is not a definitive guide to the law, rather it collates information and advice from various organisations to help address some of the common questions regarding foraging.

Introduction

Foraging is defined, for the purposes of this guidance, as collecting wild plant or animal resources which can be eaten or used to make products.  This guidance does not cover collecting fossils or geological materials, for which there is some existing guidance (see Other related guidance).

Foraging has enjoyed a revival among people keen to eat fresh, seasonal and local food from nature and those who want to forge a greater connection with the outdoors.  

Collecting wild food (excluding game), or other materials such as plants, lichens or mosses, for commercial purposes, either to sell or use in a commercial business (e.g. restaurant or florist), requires the landowner’s permission.

Organised activities, for which a charge is made, involving guided access to the outdoors do not require the landowner’s permission to collect wild food for personal and/or educational use.  However, you should seek advice, and may need permission, on a protected area. It is also good practice to contact the landowner out of courtesy and to inform risk assessments, etc.

Collecting wild food for personal consumption is widely accepted as a customary activity not requiring the landowner’s permission.  There are some specific public rights on the foreshore and some restrictions on designated sites.  

Any wild harvesting should be undertaken in a mindful, responsible and sustainable way, resulting in minimal impact on the environment.

NatureScot summarises responsible foraging as:

• Foraging carefully, walking only where you need to, to avoid trampling the roots of plants or fungus mycelium.  NB. Uprooting plants without the landowner’s permission is an offence under the Wildlife & Countryside Act 1981.
• Taking away only what you will use, without removing too much and leaving some for mammals, birds and insects.
• Selecting only plants or mushrooms which are abundant, and not gathering anything that is rare or unusual.
• Taking small quantities for your own use; not taking too much from any one plant or tree and by gathering in different areas.  As a guide, take no more than 10% of the plants, fruits or mushrooms in the area.
• Cutting, rather than tearing seaweed, to leave the ‘holdfast’ (its ‘root’) attached to rocks.    

The Association of Foragers promotes responsible foraging and has produced Principles of Practice for those engaged in professional foraging activity.

Access rights and the Scottish Outdoor Access Code 

Section 9 of the Land Reform (Scotland) Act 2003 (LRSA) excludes certain activities from access rights, including:

• Hunting, shooting and fishing
• Being on or crossing land or water for the purpose of taking away, for commercial purposes or for profit, anything in or on the land or water (for example, mushrooms or berries picked for commercial use, or gravel or stones).

Consequently, these activities require the permission of the landowner.
This position is set out in the Scottish Outdoor Access Code (SOAC) paragraph 2.14.

SOAC paragraph 2.19 advises that, although activities such as gathering natural berries or fruit for personal use are not included in statutory access rights, they have been practiced for a long time by the public.  Such access and activities are not affected by the LRSA.

Part 5 of the SOAC provides practical guidance on picking wild berries and mushrooms: 
Customary picking of wild fungi and berries for your own consumption is not affected by the legislation. Care for the environment by following any agreed guidance on this activity.  However, being on or crossing land or water for the purpose of taking away, for commercial purposes or for profit, anything in or on the land or water is excluded from access rights.

NB. “The customary picking of wild fungi and berries for your own consumption is not affected by the legislation” means that the LRSA neither enshrines foraging as a right nor diminishes the customary practice.

SOAC paragraph 2.18 explains that public rights on the foreshore and in tidal waters continue to exist, including:

• shooting wildfowl
• fishing for sea fish
• gathering some uncultivated shellfish.

SOAC Part 5 also includes beachcombing in the list of activities included in public rights on the foreshore.

Further information about these public rights on the foreshore, including restrictions, is available in the Discussion Paper on Law of the Foreshore and Seabed (Scottish Law Commission, 2001) and Report on Law on the Foreshore and Sea Bed (Scottish Law Commission, 2003).  The latter explains beachcombing as: Beachcombing involves the collection of small inanimate objects. Such objects must have been washed up by the sea, be of negligible value and capable of being carried away by hand. In addition, they must have been abandoned by their owner and therefore be ownerless but for the rule that such property belongs to the Crown.

Protected areas

Sites of Special Scientific Interest (SSSI) each have a Citation identifying the notified natural features of the site and a list of ‘Operations Requiring Consent’ (ORC) for activities that are likely to damage the notified natural features. This information is available on SiteLink.

Before a private owner or occupier of a SSSI can carry out any activity listed on the ORC list, permission must be sought from NatureScot and a consent issued. For a third party to legally carry out an activity on the ORC list would require contacting the relevant owner or occupier of the land to seek consent from NatureScot. Consent would not be issued if NatureScot assesses the activity would damage the notified natural features of the SSSI.

ORC 11 (The destruction, displacement, removal or cutting of any plant or plant remains), which includes trees, shrubs, herbs, dead or decaying wood, moss, lichen, fungus, leaf mould and turf, is particularly relevant to foraging.

Several of the Codes included in the guidance advise to avoid collecting in areas designated for nature conservation such as SSSIs and nature reserves.

Guidance on specific foraging activities

Mushrooms

The Scottish Wild Mushroom Code provides information on how to collect wild fungi responsibly. As it is not currently available online (due to the National Library website issues), the key points are given below. To request a copy of the Code, please email [email protected].

This Code was created by the Scottish Wild Mushroom Forum, a group consisting of representatives of conservation organisations, landowners, public landowning bodies, mushroom buyers and mushroom pickers.

What to collect

• Wildlife, especially insects, need mushrooms too, so only collect what you will use.

• Some mushrooms are poisonous and others rare and should not be collected – only collect what you know and take a field guide with you to identify mushrooms where you find them. 

• Some species are vulnerable, so please consider whether there is an alternative species that is more common that might suit your purpose.

How to collect    

• Allow mushrooms to release spores, do not pick mushrooms until the cap has opened out and leave those that are past their best.

• The main part of the mushroom is below the surface, take care not to damage or trample it, and not to disturb its surroundings.

• Scatter trimmings discreetly in the same area as the mushrooms came from.

Where to collect

• Before you collect mushrooms at a nature reserve please always seek advice from the manager, as special conditions may apply.

• Plantation woodlands are less vulnerable than semi-natural woodlands; please carefully consider where you are planning to collect.

If you own or manage land:

• Mushrooms are a critical part of the natural cycle in grassland and woodlands; if these are compromised all elements of the ecosystem will be affected. Be aware that your management activities may affect mushrooms.

If you wish to run a foray or collect for scientific purposes remember to:

• Ensure the safety of your party; make contact with the land manager in advance of your visit.

• Give a record of what you have found to the land manager and explain the significance of your findings.

Published 2010

The British Mycological Society code of conduct provides guidelines on responsible collecting of fungi for research and educational purposes, along with advice for landowners and managers.

NatureScot provides information on fungi including the ecosystem roles, uses by people, threats to fungi and protection of fungi.

It is an offence under the Wildlife & Countryside Act 1981 (WCA) to intentionally or recklessly uproot any wild plant (defined as including fungi) without the permission of the owner or occupier of the land it grows on.  There are also offences relating to protected species on Schedule 8 of the WCA and to European protected species of plant.

It is important not to damage other plants or trees to remove fungal substrates e.g. causing damage to birch trees to remove the medicinal slow-growing Chaga.

Plants 

The NatureScot publication foraging wild plants covers plants in forests, fields and by the shore.

The Botanical Society of Britain and Ireland has produced the BSBI Code of Conduct (2017) for people picking, collecting, photographing and enjoying wild plants.

The responsible foraging principles outlined in the Introduction, and the guidance on collecting for commercial purposes and personal use, applies to berries, fruits and nuts.

The Scottish Moss Collection Code was created by a group representing the interests of conservation organisations, land managers and moss harvesters and buyers.  As this is not currently available online, the key points are given below. To request a copy of the Code, please email [email protected].

It is an offence to uproot any wild plant without the permission of the landowner, therefore in accordance with the law and as a matter of courtesy, make sure you receive permission before collecting moss. Commercial harvesting requires an agreement with the landowner.

Where to collect 

• Mosses can be gathered from conifer plantations. 

• Please avoid places where rare mosses are most likely to be found, these are: 

  • Bogs, stream sides, springs, rock outcrops, walls, tree trunks and dead wood. 

  • Areas designated for nature conservation 

  • Native woodlands (including pinewoods)  

  • Areas that appear to have been harvested recently

How to collect 

• Mosses should be collected by hand.

• Leave patches of moss so that it can re grow, only collecting half of what is present. 

• Please do not collect from the same patch for at least 5 years, this will allow time for the moss to recover.

What to collect 

• Mosses that form a mat on the ground (weft forming mosses) are least vulnerable to collection such as: Hylocomium spendens, Pleurozium schreberi, Pseudoscleropodium purum and Rhytidiodelphus squarrosus.

• It is illegal to collect certain mosses which are protected by law.

• As there are many rare mosses, which are often difficult to identify, please only harvest particular types of species from habitats where there are less likely to be rare species.

The Scottish Bulb Collection Code was created by a group representing the interests of conservation organisations, land managers and bulb harvesters and buyers. As it is not currently available online (due to the National Library website issues), the key points are given below:

It is an offence to uproot any wild plant without the permission of the landowner, therefore, in accordance with the law and as a matter of courtesy, make sure you receive permission before collecting bulbs.

Where to collect

• Please consult with the land manager who will help you to choose a suitable place, where there has been no recent harvesting.

• Please avoid areas designated for nature conservation such as Sites of Special Scientific Interest and nature reserves.

How to collect

• Bulbs should be collected using hand tools. Carefully take densest clumps of bulbs, replanting the bulblets which will fall as you take the clump out. These bulblets will carry on growing.

• Only collect a quarter of what is present so that the bulbs can re grow and so that others can enjoy the flowers in future years.

• Please do not collect from the same patch for five years. This will allow time for the remaining bulbs to recover and spread again.

What to collect

• Bulbs should be collected after the flowers have died down. In order to be sure of what you will be collecting you will need to visit the place during flowering.

• It is illegal to collect protected species i.e. on Schedule 8 of the WCA and European protected species of plant.

• The native bluebell is protected by a special listing on Schedule 8 of the WCA, which makes it illegal to gather them for commercial purposes without a license from Scottish Natural Heritage.

• Do not collect the bulbs or seed of Spanish and hybrid bluebell to avoid contributing to their spread and hybridisation with the native bluebell.

Foraging non-native plants does not control their populations in any meaningful way and risks causing them to spread, which is an offence under the Wildlife and Countryside Act.  For this reason, it is safest to avoid using parts of plants that can reproduce, such as seeds, corms, tubers and Japanese knotweed shoots.  If these are foraged, the discarded trim must be treated by heating or burning before they can be disposed of safely.  Before leaving a site where non-native plants are growing, it is important to clean any soil and plant material from your footwear and clothing to avoid causing them to spread.

Seaweeds

The NatureScot publication foraging for wild plants includes a section on foraging for seaweed, and there is a separate web page on seaweed harvesting.

The Crown Estate Scotland operates a licensing system for the commercial hand-harvesting of seaweed from Crown foreshore or seabed in Scotland. Its policy is not to licence commercial harvesting of natural seaweeds in designated conservation areas unless there is clear confirmation of no potential risk posed to qualifying features.

Some crofters have rights under their tenancies to collect seaweed from the foreshore.

Traditionally, the collection of seaweed for personal use has been tolerated for centuries in Scotland. Crown Estate Scotland, which owns approximately half of the foreshore in Scotland, advise that the collection of seaweed for personal use does not require a licence and they are content for such collection to proceed for small quantities appropriate to personal use, advocating anyone doing so takes account of the environmental sensitivity of collecting anything from the wild.

The advice on seaweed harvesting produced by Natural England and Natural Resources Wales is generally applicable in Scotland.

Fish

Coastal waters: The public right to fish in the sea and tidal waters refers to all floating fish except salmon and sea trout.  This right may be restricted in certain locations.

Freshwater: There is no common right of fishing for freshwater fish available to the public, and thus the landowner’s permission is required to fish in inland lochs and rivers. Further information is provided in Freshwater Fisheries and the law in Scotland produced by Fisheries Management Scotland.

NOTE: There are non-native signal crayfish in a few rivers and lochs in Scotland. It is an offence to catch or possess live crayfish under the Wildlife and Countryside Act. Catching them does not control their populations in any meaningful way and risks causing them to spread. If you accidentally catch a signal crayfish whilst fishing it should be dispatched humanely with a blow to the head with a rock or sharp object and left on the bank near where you caught it.

Shellfish

The public right to gather shellfish can be restricted by legislation.  Scottish Ministers have the power to grant a statutory right of exclusive fisheries for shellfish including oysters, mussels, cockles and lobsters over any portion of the foreshore or seabed.

Furthermore, Scottish Ministers can issue a Nature Conservation Order (NCO) making it illegal to carry out specific activities in specific areas (usually a site designated for its natural heritage interest) and/or specific times.  There are five NCOs on the east coast of mainland Scotland that prevent shellfish collection in some form – see NCO Table.

Wildfowl

The British Association of Shooting and Conservation (BASC)’s Wildfowling code of practice provides guidelines on what is acceptable conduct and describes the general areas of the law relating to wildfowling. A license for shotgun or puntgun is required and it is prohibited to use lead shot over wetlands.

The public right to wildfowl may be restricted in certain locations. Byelaws regulate wildfowling by means of a permit system at several nature reserves including:

• Caerlaverock NNR
• Wigtown Bay LNR
• Montrose Basin LNR
• Eden Estuary LNR
• John Muir Country Park and Aberlady Bay LNR

Road-killed animals

Roadkill carcases are usually considered to be the property of the landowner. The local authority is responsible for disposing of roadkill found in public spaces, such as a road or pavement.

The British Deer Society advises that deer found as roadkill, or suspected of dying as a result of a road-traffic collision should not be eaten, due to wild venison being subject to stringent game meat handling regulations.

Landowner permission for commercial foraging activities

Landowners may grant permission, with or without conditions, or refuse permission for commercial foraging activities.  Conditions could specify what species may be collected, the area in which they may be collected, the timeframe for collecting, frequency of collecting and/or method of collecting.  Reference could be made to adhering to the relevant best practice (e.g. Scottish Wild Mushroom Code, BSBI Code of Conduct). If multiple requests are received, consideration should be given to cumulative impacts.  

Where the land is designated as a Site of Special Scientific Interest (SSSI), the landowner would need to check if the activity is an ‘operation requiring consent’ (ORC), and if so whether NatureScot would grant consent, before giving permission to third parties.  

Where the land is designated as an European site (Special Area of Conservation, Special Protection Area), NatureScot would need to carry out a Habitats Regulations Appraisal to assess if the activity might damage the site interest.

Where the request relates to permission to undertake foraging courses on protected areas, NatureScot will consider the impacts on the notified natural features of the site and may consider additional factors including:

• What impacts might there be on other visitors (e.g. reduced parking, trampling at sites, over exploitation).
• Could congestion at sites be mitigated by groups avoiding weekends and holidays?  
• Is the activity likely to unreasonably interfere with other people’s enjoyment of the area?
• Is the company a member of Wild Scotland (which has best practice guidelines on responsible tourism)?
• Is the company proposing to ‘give something back’, as advocated in the Guidance on commercial access to the outdoors in Scotland - local management (NB. this guidance was developed for commercial activities within access rights though there is some information that could be applicable more widely).  

Foraging guidance from landowning organisations

Woodland Trust does not allow foraging for commercial purposes, only for personal use. They prefer people not to forage, even for small amounts of fungi or other species, on sites that are important for conservation, are habitats for rare or vulnerable species or where there are problems with over-picking. These sites are identified through signage on site, but they ask that people contact them to check before setting off. Further information at Woodland Trust - foraging guidelines.

Forestry and Land Scotland provides general advice on foraging and sustainability, with a blog urging fungi foragers to act responsibly and collect only what they need.

Other related guidance

Scottish Fossil Code and Guidance (NatureScot)

Guidance on collecting geological samples from Sites of Special Scientific Interest in Scotland (NatureScot)

Gold panning position statement (NatureScot) with links to Crown Estate Scotland’s policy on gold panning and Scottish Environment Protection Agency’s good practice guidance on gold panning

Publication information

1st edition June 2025.  To be reviewed by June 2028.
Produced by NatureScot and approved by the National Access Forum.