Mushroom foraging laws in New York
Compiled from official sources; not legal advice. Rules change. Confirm with the land manager or the agency before you pick.
Summary
On State land managed by DEC, the rule against removing plants and fungi has an exception for personal consumption. State park rules ban removing 'plant life' but do not name mushrooms. Wild mushrooms sold at retail food stores must be inspected and found safe by an approved mushroom identification expert.
Public land
DEC rule 6 NYCRR 190.8(g) bars defacing, removing, destroying or injuring any tree, flower, shrub, fern, fungi or other plant on State land, except for personal consumption or under a permit. State park rule 9 NYCRR 375.1(e) bars injuring, removing or cutting trees or other plant life; it does not mention fungi or a personal-use exception, so ask the park. Federal and other lands follow their own rules.
Permits
No permit is needed for personal consumption under 6 NYCRR 190.8(g). Taking for other purposes needs a permit from the Commissioners of Environmental Conservation and Education under Education Law section 233.
Limits
Personal consumption only. The rule sets no numeric limit.
Selling
Under 1 NYCRR 271-2.2(f) (retail food store rules), mushrooms picked in the wild must come from sources where each mushroom is individually inspected and found safe by an approved mushroom identification expert before sale. Sales to restaurants fall under the Department of Health; I did not find an official rule or page on that. Cornell's guide (January 2021) says restaurant sales were not legally allowed at that time pending new food codes, so confirm with the state.
Morel sales
The inspection rule covers all wild mushrooms, morels included. Cornell's guide lists morels (Morchella spp.) among species commonly approved for sale; confirm the current list with NYS Agriculture and Markets.
Sources
- 6 NYCRR 190.8 - Use of State lands (Cornell LII)
- 9 NYCRR 375.1 - Activities prohibited in State parks (Cornell LII)
- 1 NYCRR 271-2.2 - Retail Food Store Sanitation, special requirements (Cornell LII)
- Cornell Small Farms - Selling Wild Mushrooms in New York State (supplementary)
Last verified: November 11, 2026