Wildflower collection by individuals for personal use (to be planted upon their own property and not offered for immediate sale) is an issue between the property owner and the individual wishing to collect the plants. To avoid prosecution for violation of trespass and/or theft laws, anyone wishing to collect plants listed in MS 17.23 must obtain written permission from the property owner to enter the property and collect wildflowers. No additional permission or permit from the MDA is required.
Wildflowers listed in the statute cannot be collected from the property of another and immediately sold unless:
- the individual collecting the plants has written permission from the property owner and a permit from the Minnesota Department of Agriculture, and
- the plants are sold specifically for scientific or herbarium purposes.
The MDA requires documentation from each permit applicant stating the name and address of the organization receiving the plants for scientific/herbarium purposes.
Wildflowers listed in the statute cannot be collected and sold commercially unless the plants are:
- growing naturally, collected and cultivated on the collector's property; or
- collected through the process listed above, are transplanted to the private property of the collector and cultivated on the collector's property. A written permit must be obtained from the Minnesota Department of Agriculture prior to commercial sale of the plants.
Additionally, if the applicant is going to sell the plants commercially, the applicant must provide written documentation establishing that the plants grow naturally on the applicant's property or date(s) the plants were collected and transplanted to property under the ownership of the applicant, the cultivation techniques used while the plants were grown upon the private property and the intended date(s) of sale.
The department will terminate those permits currently in force that do not comply with the above-mentioned provisions. You will be notified by certified mail if you possess such a permit. The MDA will provide assistance to insure future compliance with MS 17.23.