Do you have a citation for those laws? Couldn't find any German law off hand, though plenty of people agree that it's a bad idea. Maybe there are such laws in other European countries?
However in Italy, for instance, the Legge 352/1993[1] says explicitly to use proper "containers" in order to favour the spores' spreading.
That's a generic normative then local authorities could rule other details on harvesting and selling them.
- [1] http://www.salute.gov.it/imgs/C_17_normativa_1787_allegato.p...