Selling Foraged Wild Plants and Mushrooms
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REGULATIONS FOR SPECIFIC PRODUCTS SELLING FORAGED WILD PLANTS 36 AND MUSHROOMS Washington lands and waters are abundant with edible, wild-growing mushrooms, berries, greens, Types of Public Land and Commercial Use herbs, medicinal plants, sea plants and edible algae, Permits and more. Foraged foods are considered delicacies It can be difficult to determine who owns private land for their unique varieties, locality, and ephemeral and which agency manages public land. The following seasons. Wild harvested foods are direct marketed to information will help you research land ownership in chefs, restaurants, grocery stores, and to customers order to get written permission and/or appropriate at farmers markets. A few wild crafted plants have commercial use permits to harvest. specific regulations for harvest. Many wild foraged foods that can be harvested for recreation and The Washington Public Lands Interpretive Association’s personal use are prohibited from commercial sale. online map identifies many types of public land. Search by state on the left-hand toolbar at This fact sheet includes information on: publiclands.org/Get-Books-and-Maps. Click where you want to harvest on the map and expand the listing • Regulations for harvesting wild plants and to read the specific geospatial location, descriptions mushrooms. of present species, and contact information for the • Types of public land and commercial use permits. closest ranger or land management permit office. • Plant identification. • Regulations for seaweed. • Regulations for selling fresh wild mushrooms. U.S. Forest Service For all U.S. Forest Service lands, a Commercial Use • Requirements for processing and packaging. Permit is required for harvesting wild mushrooms and any non-timber “special forest product” intended for sale. Some U.S. Forest Service lands allow commercial For information about selling wild harvested use and some do not. Permits may require a fee and shellfish, see the Selling Fish and Shellfish fact must be obtained from Forest Service offices. Find sheet. permit information, maps, harvest season, and harvest limits for the Pacific Northwest “Region 6” at a Forest Service district office and online at fs.usda.gov/r6. Regulations for Harvesting Wild Plants and Look for the menu link to “Passes & Permits” to find Mushrooms details about Forest Products Permits. Regulations for harvesting wild plants, including berries, fiddlehead ferns, nettles, other forest The webpage for Okanogan-Wenatchee National greenery, and mushrooms, are part of Washington Forest Service has mushroom harvesting information State law (RCW 76.48). In general, harvesting wild available in English, Spanish, Lao, Khmer, Vietnamese plants and mushrooms is to be done only with and Hmong. written permission and the proper permits in-hand prior to harvesting. This includes harvesting on both private and public lands, such as those managed by Washington State Department of Natural various public agencies including Washington State Resources (DNR) Department of Natural Resources (DNR), United The state lands DNR manages include beaches States Forest Service (USFS), and Bureau of Land and forests. Commercial harvest permits for brush, Management (BLM). mushroom or forest greenery are managed by DNR regional offices. Some regions permit commercial If you plan to harvest and sell edible plants or mushroom harvesting, and some do not. In some mushrooms from the wild, you must have prior cases, mushrooms are included with “brush” and approval or permits. other products. Visit dnr.wa.gov and search for “brush, salal and forest products,” or call 360-902-1600. HANDBOOK for SMALL AND DIRECT MARKETING FARMS 2019 1 REGULATIONS FOR SPECIFIC PRODUCTS Washington Department of Fish and Wildlife Lands Tribal Lands Commercial use of Washington Department of Fish In general, all harvesting on tribal lands requires and Wildlife (WDFW) public land requires a permit permission from the tribe. Wild mushrooms harvested from the department. Permits are acquired from and sold on Native American tribal lands do not the WDFW lands agent in the appropriate region. require a permit. However, any wild mushrooms Information and a list of regional contacts for permits harvested on tribal land and sold on non-tribal lands is available on the WDFW licenses webpage under do require a permit. Information about Washington “Commercial Permits for Use of WSFW Lands,” wdfw. tribes is online at washingtontribes.org. wa.gov/licenses Please note that there are WDFW lands where some Wild foraging, harvesting, and fishing by tribal or all uses may be prohibited due to natural or cultural members on all types of land is regulated resource impacts, safety, or other concerns. differently and is not addressed in this fact sheet. Do not forage for edible products from stagnant waters, around industrial areas, heavily populated Plant Identification areas, or from restricted beaches, Proper identification of each plant harvested is critical because they may be contaminated with for following foraging rules and regulations, and to sewage or naturally occurring bacteria or ensure you are not harvesting poisonous varieties. viruses, or toxic chemicals may present health risks. Find restricted beaches at • Be aware of the list of plant species prohibited fortress.wa.gov/doh/biotoxin. from sale or distribution in Washington. Some are food plants. Even cut or dried parts of these plants are prohibited from being moved or sold. Find the list in the Washington Administrative Code (WAC) Private Land 16-752-610 by searching on the Legislature’s In the case of harvesting products from private land, website, apps.leg.wa.gov. foragers should have written permission from the land owner before doing any harvesting. In some cases, • The “USDA PLANTS Database” at plants.usda.gov a landowner may contract with the county sheriff to with standardized information about plants is a issue commercial harvesting permits of “specialized helpful resource for identifying plants. forest products” from private land. To apply for the • The list of threatened and endangered plants in permit to sell, submit the request to harvest from a Washington can be found at plants.usda.gov/ specific location, including a copy of your Washington threat. Go to the “Threatened and Endangered” State business license, identification from the person menu and filter by geography, “Washington.” who is going to sell the foraged food, and the location where the foraged items will be bought. The harvester keeps the documentation on record, and supplies Regulations for Seaweed documentation for their buyer. For the complete rules on selling specialized forest products, see “Specialized Harvesting wild seaweed for Forest Products”, RCW 76.48.091 at leg.wa.gov commercial purposes from public and private lands is prohibited in Washington State. This includes Private Shore Salicornia virginica, commonly known as Over 60 percent of Washington’s intertidal lands are sea beans. owned privately. Confirm shore ownership and obtain written permission before harvesting from private tidelands. Permits for recreational harvesting of some species wdfw.wa.gov/places-to-go/shellfish-beaches. may be available, but seaweeds harvested with these permits are for personal use only and may not be sold, bartered or traded. 2 SELLING FORAGED WILD PLANTS AND MUSHROOMS | FACT SHEET 36 REGULATIONS FOR SPECIFIC PRODUCTS Regulations for Selling Wild Mushrooms The Puget Sound Mycological Society, psms.org Washington State Department of Health (DOH) provides resources and offers drop-in workshops to regulates the sale of wild mushrooms through retail bring foraged mushrooms for identification. food establishments, including farmers markets, restaurants, and grocery stores, under the Washington Note that some counties may require third-party State Retail Food Code, certification of mushroom varieties. Check with the doh.wa.gov/FoodSafetyRules. local health jurisdiction in the county where the mushrooms will be sold to learn of any specific county In general: requirements. • Only certain species harvested in the Pacific When selling wild mushrooms to restaurants, grocery Northwest may be sold. stores, or food establishments, you must provide • There are recordkeeping requirements for sellers written documentation for the seller to keep on hand and buyers. for 90 days. This is good information to include on your invoice. Documentation must include: Mushrooms harvested for sale must come from the • Common and Latin binomial names of the Pacific Northwest and California. Only the following mushroom. species may be offered for sale or service in a food establishment: • Name, signature, business name, mailing address, email and telephone number of the mushroom • Hedgehog (Hydnum repandum, H. umbilicatum) identifier. • Porcini/King Bolete (Boletus edulis) • Province, state, and county where the mushrooms • Lobster (Hypomyces lactifluorum growing on were harvested. Russula brevipes) • Date of harvest. • Pacific Golden Chanterelle(Cantharellus • Date of sale. formosus, C. cascadensis, C. cibarius var roseocanus) • Amount of product by weight. • White Chanterelle (Cantharellus subalbidus) Some counties require third-party certification, so you • Yellow Foot/Winter Chanterelle (Craterellus must check with the local health department in the tubaeformis) county where you are planning to sell. • Black Trumpet (Craterellus cornucopioides) • Saffron milk cap (Lactarius deliciosus) Fresh, wild mushrooms served in a retail food establishment