Re: Legaity of Collection

From: Carl Strohmenger (HSC) (
Date: Thu Jul 15 1999 - 03:20:06 PDT

Date: Thu, 15 Jul 1999 06:20:06 -0400 (EDT)
From: "Carl Strohmenger (HSC)" <>
Message-Id: <aabcdefg2582$foo@default>
Subject: Re: Legaity of Collection

I am familiar with the laws of the State of Florida, USA, concerning
collection of plants. The Florida statute that applies is S-185.581 and the
administrative rule is 5B-40. These are available on the web on a page put
up by some department of the Florida government.

The guts of it are:
        1. If you own a piece of land, you can do anything that you want
with the plants growing on it. You can collect them. You can then give them
away or sell them (If they are listed by the state or feds, you must get a
permit to sell them, but this permit is essentially automatic for the
landowner), you can burn or otherwise destroy them, etc.
        If you do not own the land, then you must have written permission
of the landowner or legal custodian in order to collect plants or plant
parts (including seeds!). If the plants are a listed species, then you must
also have a permit from DPI (Florida Division of Plant Industries) in order
to collect.

There is probably more in the details, but these are the general
guidelines. Note that the above means ALL plant parts, including seeds.

I don't know how much overlap there is between federal and state law, but I
imagine that they are fairly close.

- Carl

On Wed, 14 Jul 1999, chris wrote:

> Hi,
> I am growing a small assortment of CPs for sale in Canada. Today,
> an email contact of mine offered to collect some Sarracenias and
> Droseras for me. I told him that he is not allowed to collect from
> the wild, but that he is if the plants are on his property, or
> someone else's and he gets permission, then he is allowed. I also
> told him that he MIGHT be allowed to collect seed from wild plants,
> but that I would check on that first.
> So basically my questions are these:
> 1- Am I right that he is allowed to collect plants off his own land,
> or someone else's with permission?
> 2- Is it legal to collect seed from wild growing plants?
> 3- I would like to hear the American viewpoint on this as well since
> I don't know if any Canadian person will be responding. In any
> case, does anyone know if the laws about these plants in the United
> States also apply to Canada? (Like, for instance, the Wildlife
> Protection Act, which covers both, and other countries as well, I
> think)
> If it is permitted, I would only take a couple of specimens of each
> species, just enough to start a new batch of plants with a different
> genetic content "genotype"(?).
> If I have given this person the completely wrong information, please
> email privately me so that I can tell him so as soon as possible.
> Thanks.
> Chris F.
> [HTML file part2 deleted by listprocessor]

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