Wild plants; Application for a permit for commercial collection, treatment, or processing

Permits for the commercial collection, handling, or processing of wild plants (including lichens and fungi) that are not specifically protected are issued by the lower nature conservation authority within the district administrative authorities. Such permits are generally granted by means of a written decision.

The permit must be granted if the population of the species in question at the collection site is not endangered and the ecological balance is not significantly impaired. Harvesting must be carried out with care. When deciding on harvesting for the purpose of producing regional seed, the beneficial effects on the goals of nature conservation and landscape management must be taken into account.

Plants within the meaning of the Federal Nature Conservation Act include:

• wild plants, plants of wild species obtained through artificial propagation, and dead plants of wild species,
• seeds, fruits, or other developmental forms of wild plant species,
• easily recognizable parts of plants of wild species, and
• products clearly identifiable as derived from plants of wild species.

Lichens and fungi are also considered plants within the meaning of this Act.

No official permit is required for the private collection of small quantities of certain plants not subject to special protection for personal use. Anyone may carefully collect and take small quantities of wildflowers, grasses, ferns, mosses, lichens, fruits, fungi, tea and medicinal herbs, as well as twigs of wild plants, from nature in areas not subject to a prohibition on entry, for personal use.

Wild plants of specially protected species or their developmental forms may not, as a general rule, be collected from the wild. Exceptions are possible for specific purposes, such as research, and with prior approval from the higher-level nature conservation authority within the government. Exceptions apply to certain mushrooms that are collected from the wild in small quantities for personal use.

The application must specify which plant species, which parts or products, what quantities, and at which locations they are to be collected. For these purposes, “plants” also includes lichens and fungi, as well as developmental forms of wild plant species (seeds, fruits, etc.) and readily recognizable parts and products derived from wild plant species. Permission for commercial collection, treatment, or processing is granted if the population of the species in question at the collection site is not endangered and the natural balance is not significantly impaired.

The application must be submitted to the district administrative authority with jurisdiction over the business's place of business.

Approval is generally granted by means of a written notice.

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