A man was out walking with his daughter when they started picking blackberries from a bush alongside a public path. Shortly after, a farmer came out and started “shouting” at the pair that what they were doing was illegal, even threatening to call the police.
Making the most of natural resources is something many people are keen to do, with the Wildlife and Countryside Act 1981 brought in and regularly amended in a bid to protect animals and nature. Still, it can be confusing knowing what’s allowed and what isn’t.
A dad faced the wrath of an irate “older gentlemen” when he was foraging with one of his daughters and took to Reddit to seek advice.
In a post titled “Blackberry picking – Public right of way (England)”, the social media user penned: “Me and my daughter were picking blackberries alongside a path. An older gentleman comes rushing along the path and starts shouting that it’s illegal to pick blackberries and he’s going to call the police and report us for poaching.
“I thought that only applied to animals on royal owned land? What are the legalities surrounding picking blackberries or even wild apples or plums?
“I may be wrong but I was under the impression if it was on public rights of way and you haven’t had to do anything to gain access then it was fine?”
The Food Standards Agency states: “Under the Wildlife and Countryside Act 1981 and the Wildlife (Northern Ireland) Order 1985 it is illegal to uproot any wild plant without the permission of the owner or occupier of the land.
“It is also illegal to pick, uproot, collect the seed from, or sell, any of particularly rare or vulnerable species.”
The National Trust adds: “Please only pick for personal use and only pick as much as you will use. Always leave plenty for others to enjoy.”
It cautions: “Please don’t uproot or damage structures below ground without permission. This is illegal without consent under the Wildlife and Countryside Act 1981 and the Wildlife (Northern Ireland) Order 1985 and Theft Act 1968.”
In the comments section beneath the Reddit user’s post, fellow social media fans were keen to share their thoughts.
One person said: “The best way to remember is that you can pick and pluck but not chop or dig. This applies to any fruit or flora growing wild (not cultivated). You are also only allowed to pick them for your personal use (i.e. you can’t sell them or any produce made from them for profit) as anything else is considered theft.
“The reason I know this is not because I’m a complete saddo (well, not entirely); I’m a police trainer and regularly have to teach the theft act to student officers! Local police would politely inform him it’s not their concern. Carry on enjoying your blackberrying”.
The Theft Act 1968 adds further clarity which supports this line of thinking: “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.”
