State Laws re wild foods? List of?

ronbre · #21 04/20/13, 08:40 AM

you can generally gather the fruiting parts of wild plants, but always leave behind enough to reproduce unharmed...esp those of which you harvest the entire plant, ex. leeks. Leave enough leeks from the grouping to reproduce

meanwhile · #22 04/21/13, 11:10 AM

Hello Brenda! Are you familiar with any laws or regulations in your area about selling the wild plants? Any Farmers Market rules or laws? Or do you know of any laws about selling wild mushrooms or plants to restaurants? I tried asking over on the Permaculture site but no one replied over there.

Thanks everyone.

Raymond James · #23 04/21/13, 11:32 AM

Every state will have rules on selling wild mushrooms. Check with the Department of Health.

Most states Food Code will require that the wild mushrooms be ID by an "expert" in order to be sold. No definition of "expert" is in the Food Code. Most restaurants will not use wild mushrooms do to the liability issues and the inability to show (document) who the expert is that ID the mushrooms. Each batch would have to have documentation from the expert that these were ID on this date and are _____ type of edible mushroom. Separate batches would require separate documentation. Experts name, contact info, date, mushroom type, amount of mushrooms lbs or numbers __ each.

I would save and use them myself.

If you proceed have several colored photos from text books (at least two three would be better) showing the same type of mushroom you are selling on display. Stay away from hard to ID mushrooms only easily identifiable types. Expect lots of questions/objections.

I would think most markets/ restaurants would want to steer clear of this.

You should be able to read your states/city food code by using a search engine States Name Food Code. Or follow links from your states Health Department Web site.

Vosey · #24 04/21/13, 01:08 PM

Looks like someone in Oregon is trying to regulate the mushroom industry more closely. Here's a proposal in front of the legislature this year. Currently for personal use there is no permit, although you are only allowed a gallon a day (didn't know that!). I am quite sure that the majority of mushroom hunters I know are out gathering without a permit and sell to mushroom buyers who set up in the rural towns in season. Out here the main mushrooms are pretty identifiable and not easily confused with poisonous varieties, morels, chanterelles, king boletes and matsusakes.

Senate Bill 578
Sponsored by COMMITTEE ON RURAL COMMUNITIES AND ECONOMIC DEVELOPMENT
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the measure as introduced.
Prohibits harvesting of wild mushrooms without wild mushroom harvesting permit. Prohibits sale, or purchase for resale, of wild mushrooms without wild mushroom dealer permit. Authorizes State Department of Agriculture to adopt rules regulating harvesting of and dealing in wild mush- rooms. Makes violations of permit requirements or rules subject to civil penalty, not to exceed $5,000.
Provides for deposit of moneys from permit fees and civil penalties to Department of Agriculture Service Fund for use in administering and enforcing wild mushroom permit requirements and rules.
A BILL FOR AN ACT
Relating to wild mushrooms; creating new provisions; and amending ORS 164.813.
Be It Enacted by the People of the State of Oregon: SECTION 1. (1) A person may not harvest any mushroom, including but not limited to a
truffle, growing wild in this state unless the person holds a wild mushroom harvesting permit issued by the State Department of Agriculture. The department may establish different cat- egories of permit based on individual and group use, commercial and noncommercial use or any other distinction the department considers reasonable or expedient. The department may establish different privileges, restrictions and fees for each category of permit.
(2) A person may not sell wild mushrooms in this state or purchase wild mushrooms in this state for purposes of resale unless the person holds a wild mushroom dealer permit is- sued by the department. The department may establish different categories of permit on any basis the department considers reasonable or expedient and may establish different privi- leges, restrictions and fees for each category of permit.
(3) The department may adopt rules to regulate the harvesting of wild mushrooms and dealing in wild mushrooms.
(4) Moneys received by the department from fees charged for wild mushroom harvesting permits and wild mushroom dealer permits, and any civil penalties collected under this sec- tion, shall be deposited to the Department of Agriculture Service Fund and, notwithstanding ORS 561.150, may be used by the department only for the administration and enforcement of this section and rules adopted under this section.
(5) The department may impose a civil penalty for a violation of this section or a rule adopted under this section, not to exceed $5,000.
LC 3174
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

Vosey · #25 04/21/13, 01:18 PM

Here's what I could find on washington state and selling mushrooms:

http://agr.wa.gov/marketing/smallfar...gMushrooms.pdf

meanwhile · #26 04/21/13, 04:01 PM

Vosey: Thanks! That is what I am looking for. Perfect! Thank you. My search is going very slow since there is little online. Some of it is buried in health department rules and some is buried in Forest product writings. Thanks for your help!

Raymond James: Thank you. I am using plain ole Google searches and it is moving along slowly. I bet someone who wrote one of the state laws already in place might have a good list but so far, they have not replied to emails. Will keep working on it.

Below is what we found today. For those who are reading these, I have not had time to read from each site. Am just collecting the sites for now and will read later. Some of these are about marketing and not strictly about "regulations." I will have to sort the list later. But.....below is the result of today.

Canada's Master of Wild Edibles
artilcle in The Atlantic / Jan. 2010
*does not talk about laws but is about Forbes Wild Foods Offices
http://www.theatlantic.com/health/ar...edibles/33220/

Forbes Wild Foods
a wild food online store / physical location is Toronto, Ontario, Canada
*he sells wild mushrooms
http://www.wildfoods.ca/

Law firm advertises that it handles law suits re wild mushroom poisoning!
Schmidt and Clark, Attys. Located in Washington, DC
http://www.schmidtandclark.com/mushroom-poisoning

Wild Mushroom Hotline: The Voice of commercial wild mushroom picking in North America
an online magazine says it was started in 1998
*talks about laws re gathering but I have not searched whole site yet for specifics
*mentions new law in Oregon penalizing wild mushroom collection
*could only access one page so I sent email on 4-21-13
http://tgmy.tripod.com/

Wild, Wild Mushrooms by Bill Russell
web site about wild mushrooms
*includes statement on first page about PA laws re gathering
http://www.brmushrooms.com/

Mushroom Anxiety
article online New York News and Features
*mentions 60 poisonings per year in N.Y. From mushrooms
*mentions new law in California that shut down mushroom sales at Farmers Markets and thus, NY is considering similar laws / says wild mushrooms are already banned from NY restaurants
http://nymag.com/nymetro/news/people...igencer/11901/

Public Law, Chapter 412 / State of Maine
An Act to establish the Maine Wild Mushroom Harvesting Certification Program
*looks like the Health Dept is agency to certify? I did not read the whole site yet.
*says Unsigned as of June 2011 / will need to follow up and see what happened
http://www.mainelegislature.org/legi.../PUBLIC412.asp

Munching Manhattan: Foraging for Food in Central Park
article by Paula Peterson
* includes discussion about how Wildman Steve Brill was arrested for picking and eating wild food in Central Park.
http://www.spiritofmaat.com/archive/aug3/wildman.htm

Belleville Main Street Vendor guidelines
Belleville, Ill.
*says wild mushrooms are not allowed
http://www.bellevillemainstreet.net/...own_guidelines

Mushroom Growers Newsletter
*I did not take time to read the whole site but thought it might be good resource later.
http://www.mushroomcompany.com/

Wild Pantry: Mother Nature's Super Store
online shop for wild food / physical address in Tellico Plains, Tenn.
*they offer wild food classes including classes in NC
*store owned by Bonnie Marie Morris
http://www.wildpantry.com/

Vosey · #27 04/21/13, 07:35 PM

http://www.madaboutmushrooms.com/mad...hroom_picking/

Interesting article on some of the history of recreational versus commercial mushroom picking in Oregon and Washington.

meanwhile · #28 04/22/13, 03:31 PM

Thanks Vosey. Hope others will enjoy or use the information too. Have a good week.