The plant genus Ribes, which includes gooseberries and currants, has a complicated legal history in the United States. Although a federal ban was repealed decades ago, restrictions on growing these fruit-bearing shrubs still exist in many areas. These regulations are now governed by a patchwork of state and local laws, not a universal federal mandate. The initial widespread ban arose from a conflict between agriculture and forestry interests in the early 20th century.
The Historical Rationale for Restrictions
The historical ban on Ribes species resulted from the discovery of White Pine Blister Rust (WPBR). This fungal disease, caused by the non-native pathogen Cronartium ribicola, requires two host plants to complete its life cycle. Ribes plants serve as the alternate host, allowing the fungus to produce spores that then infect five-needle pines, such as the Eastern white pine (Pinus strobus).
While the blister rust causes only minor damage to the Ribes plant, the infection is devastating to white pines, often leading to cankers that kill the tree. Black currant (Ribes nigrum) was the most susceptible species, efficiently spreading the disease to nearby pine forests. To protect valuable white pine resources, the federal government prohibited the cultivation and sale of currants and gooseberries nationwide in the 1920s.
Current Legal Landscape and State Variations
The federal prohibition on Ribes cultivation was repealed in 1966, transferring regulatory authority to state and local jurisdictions. Consequently, the legality of growing gooseberries depends entirely on the specific location. The current regulatory environment generally falls into three approaches, reflecting the varying presence of white pine forests across the country.
Strict Quarantines
Some states with significant commercial white pine operations maintain strict quarantines, though total bans are becoming rarer. North Carolina, for instance, prohibits the importation or cultivation of all Ribes species throughout the state. Maine similarly bans the European black currant (Ribes nigrum) statewide and prohibits all Ribes in specific quarantine townships where white pine is prevalent.
Species-Specific Restrictions
A more common approach focuses restrictions specifically on the most susceptible species, the black currant. Ohio explicitly prohibits the possession or sale of Ribes nigrum while allowing red currants and gooseberries. New York State modified its law in 2003 to allow the cultivation of red currants and gooseberries, confining the ban only to non-resistant varieties of black currants.
Zoning and Permit Requirements
The third major approach uses zoning or permit requirements to allow cultivation while maintaining control. In Michigan, a permit is required for planting black currants statewide. For red currants and gooseberries, a permit is only necessary if the planting site falls within a designated White Pine Blister Rust control zone. Massachusetts utilizes a similar system, requiring local control area permits to grow Ribes in specific restricted towns.
Growing Gooseberries Legally Today
The most significant factor for legally growing gooseberries and currants in restricted areas is the use of rust-resistant varieties. Plant breeders have developed numerous cultivars that are immune or highly resistant to the Cronartium ribicola fungus. These resistant plants eliminate the biological threat to white pines, often exempting them from state regulations that target susceptible varieties.
Resistant black currant varieties like ‘Titania,’ ‘Consort,’ and ‘Crusader’ are now legal in many areas where non-resistant black currants remain prohibited. Gooseberry cultivars such as ‘Captivator’ and ‘Poorman’ are often approved because of their inherent disease resistance. Choosing a certified resistant cultivar is often the simplest way to comply with the law, even in jurisdictions with lingering restrictions.
In states requiring permits, such as New Hampshire and Michigan, growers must apply to the state’s department of agriculture or forestry before planting. Permits are typically granted only for varieties scientifically verified as highly resistant to WPBR. To ensure compliance, prospective growers should purchase plants from certified nurseries that guarantee the variety and its resistance, often providing a list of approved cultivars specific to the local jurisdiction.