Criminal activity in the world of plant propagation - Jeanie

 

While it is great to take cuttings and seeds from our friends and family’s plants to expand our collections, there is legislation in place, and some practices are less OK thank others.  Apparently plant breeders, plant sellers and plant owners have rights too!

Of course it is usually fine to take cuttings and create new plants from purchased plants too, but Plant Breeders’ Rights give breeders control over the propagating materials from their new cultivar (that they spent ages creating) for up to 20 years!  That even includes cuttings and seeds from generations of “daughters” of a patented plant.  So, you might buy a lovely strawberry plant or gorgeous shrub from a garden centre, but propagating from it could be a violation of plant patent and regarded as stealing.   I wouldn’t worry too much - the plant-police are unlikely to come knocking at your garden gate if you are propagating for your own use - but you can be prosecuted if you intend to sell the daughters, granddaughters etc.



Another potential crime is prop-lifting.  The word prop-lifting is a mix of propagate and shoplifting and usually refers to bits of plant that have been discarded or fallen to the floor in a shop or garden centre.  Even though the bits would probably have been brushed up and thrown out they are still technically the property of the shop or business.  “Ethical” prop-lifting does not include taking leaves from living plants in a shop - that is definitely theft!

Wildlife trafficking is the illegal trade of any wild plant or animal, and includes international trade in artificially propagated species, without a Convention on International Trade in Endangered Species (CITES) permit.  CITES regulations also make sure that plant propagation, in a nursery, is not detrimental to wild populations and only propagated offspring two generations from the wild parent can be sold, otherwise they are at risk of being too different from the original and can impact on/change the original wild species.

In the UK it is illegal to “uproot any wild plant without permission from the landowner or occupier.”  Harvesting in other ways, eg leaves, flowers or seed for personal propagation is usually OK -  ideally, but not necessarily, with the plant owner’s permission.  There are different rules and bylaws for Sites or Special Scientific Interest, nature reserves and National Trust land which forbid plant collection.  This is annoying for me as I really want some of those polyanthus that you see in all local National Trust properties!   In Northern Ireland native bluebells are protected through The Wildlife (Northern Ireland) Order and it is illegal to collect seed or bulbs from the wild.

Again in the UK “It is a criminal offence to plant or cause to grow a non-native invasive species in the wild.”  This includes accidental propagation in the wild caused by throwing away cuttings, roots, leaves etc.  The list includes common plants such as cotoneaster, virginia creeper and rhododendron, all of which I have chucked over the hedge and possibly, inadvertently caused to grow in a wildish place (the back of the electricity sub-station).

I am a propagation criminal but I haven’t taken blue bells, and most likely never will - but I want to!

 


Comments

  1. CarolJuly 2, 2023 at 10:02 AM

    I'd better be careful when I choose what roses to chop into bits!

    ReplyDelete
  2. BridgetJuly 5, 2023 at 12:53 PM

    imagine you're a criminal! hard to believe .. i planted wild garlic from my auntie's garden at the end of mine and it's gone daft, that's ok right?

    ReplyDelete

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