Keep all the equipment and any storage bins you use clean and free of contamination. permits@cdfa.ca.gov The sale of nursery stock without a valid license is a violation of California Food and Agricultural Code 6721. Type 13 distributors can move cannabis and cannabis products between cultivation, manufacturing or distribution premises. Visit our Limited Access Code Removal page for scheduled removal dates and instructions on how to Sign Up Now for a username and password. "} d_f@H1fo$#XeBv9db0dw#d.J Xz Q $& & You don't, however, need a nursery business license in some states if you plan to sell cut Christmas trees, annual plants, tropical plants, cut flowers, field crop seed, vegetable seed, flower seed, or tubers. Buyer and Seller Responsibilities Required Documents Seeds with Additional Requirements Prohibited Seeds Help If you have questions or need assistance, please contact APHIS' Permits Help Desk by phone (301) 851-2046, toll free (877) 770-5990, or email plantproducts.permits@usda.gov. Plant care products. The United States Department of Agriculture's PACA license (short for the Perishable Agricultural Commodities Act) even applies to in-state commerce if you sell more than a ton of produce a day. 1. You will need to provide information about your business, including bank account details and estimated income. Gross sales would likely be under $1,000 for the year and would be documented for tax purposes. Youll also be making major decisions as you go. Entrepreneur: Is Your Home Zoned For Business? At the time you make the sale, you may collect from your customer an amount equal to the tax you will owe. Plants with Additional Requirements When you're selling produce from home, it's important to handle food safely, even when the state leaves you unregulated. USDA then completes the application process. (function() { var js = window.document.createElement("script"); js.innerHTML = 'function openshopperapproved(o){var e="Microsoft Internet Explorer"!=navigator.appName? Nursery stock intended for farm planting must meet the Nematode Certification requirements in order to be considered commercially clean and eligible for sale and planting in California. Permits and Regulations Permits and Regulations Program Questions concerning bringing houseplants, fruits, or vegetables into California, must be directed to our Pest Exclusion Branch at (916) 654-0312 or peinfo@cdfa.ca.gov. Otherwise, you're largely off the federal hook. 3. Once you start selling plants, youll need to collect and remit sales tax on every dollar you make. If you have questions or need assistance, please contact APHIS Permits Help Desk by phone (301) 851-2046, toll free (877) 770-5990, or email plantproducts.permits@usda.gov. Please contact our Customer Service Center for assistance at 1-800-400-7115 (CRS:711). A retailer with a computer server located in California on which a website resides may not be required to have a seller's permit unless the retailer has a proprietary interest in the server and the activities at that location otherwise qualify for a seller's permit. Further Notes: There are two routes to go when reaching out to potential customers for your nursery business. The https:// means all transmitted data is encrypted in other words, any information or browsing history that you provide is transmitted securely. Other states have different rules. 64-029 (Rev. You must hold a license both from the state as well as the city in which you will be conducting business. The Small Business Administration has a business plan tool that walks you through the steps of putting everything in writing. 0 What you Need to Know to Sell Seed in California Created Date: This will most often depend on your state and location. In order to operate legally, you will need to obtain both an annual cannabis retailer license and a sellers permit in CA. This program also issues state permits involving agricultural pests and quarantine commodities as authorized under administrative regulations and the Food and Agricultural Code. It is important to note that the permitting process often takes several weeks, so applicants should plan accordingly. I understand the necessity for regulations on importing live plants due to pests, disease, etc. For a listing of the special tax and fee programs the CDTFA administers, please see our Special Taxes and Fees page. This program also recommends approval or disapproval of applications for Federal permits which are issued by the USDA. Reduced fees are available if you only want to transport the goods you cultivate or manufacture. Issuing a resale certificate allows you to buy items you will sell in your business operations without paying amounts for tax to your suppliers. I'm not interested in paying $300-500 for fees, licenses and permits just to potentially sell $300-500 worth of plants. There are two options for licensing. If you have problems with a form, contact us at (916) 654-1017. If you are engaged in the wholesale business, then you must obtain a wholesale license, which in California is called a "seller's permit." Part 1 Identifying Your Need for the Seller's Permit 1 Understand a seller's permit. You don't need a license to sell fruits and vegetables grown organically, but you do need to meet USDA standards for organic labeling. A Type 7, 6 or N license can register all or part of their manufacturing premises as a shared-use facility. Yes. Be sure of this before you launch your produce business. Go to your city or county website to learn about rules in your area. Note: An applicant signature is required. Under certain circumstances, the Director may order that the applicant receive a reimbursement of filing fees. .querySelector('.js-cagov-current-year') Nursery, Seed, & Cotton Program Those who plan to start a business in selling marijuana legally are required to know who they can legally sell to. You also must keep adequate records that document your sales and purchases. If you purchased your business, you'll need to provide the previous owner's name and seller's permit number. 1220 N Street, Room 210 Sacramento, California 95814 The method of processing this application is the same as for PPQ Form 526 above. The application is submitted to USDA and not subject to review by CDFA. Fruit pies, pickles and non-canned jam can only be sold at farmers markets. If you sell to local retailers or restaurants, your town or county may require you to take out a business license. However, selling food that's been cooked, baked, canned or otherwise processed might be regulated in your locale or require licensing even if your produce doesn't. FAX: (916) 654-1018. 2k^C;jVWRgdFXON\?w"GaX;^T(/"mf~toMY$wX"@oC?T_}X-';.M czp(9:*~]o`W. micro greens, sprouts). Home and Garden Information Cent University of Maryland Extension. Some counties and cities publish special guides for small businesses, available free or at a low cost. Permaculture Portal: Start a Permaculture Nursery, Fundera: The Best State-by-State Guide to Business Licenses and Permits, Maine Dept. Email: Information may also be obtained at: www.cdfa.ca.gov/plant/PE/. In most states in the United States, you will need a business license from the state to sell your items at flea markets. Required Documents To sell at a farmers market, you have to apply for state certification. The Type 9 license is for non-storefront, cannabis-delivery businesses, and Type 10 is reserved for retail cannabis locations with a storefront. My question is: Do I require a permit and/or license to sell live seedlings/plants in small quantities (likely less than $500 in gross sales) from my home, to individuals within my immediate community (county)? If you're selling produce from home in volumes greater than $5,000 a year, you have to complete the USDA certification process. I have all my plants in containers and in a greenhouse. His website is frasersherman.com. The method of processing this application is the same as for PPQ Form 526 above. In order to operate legally, you will need to obtain both an annual cannabis retailer license and a seller's permit in CA. Visit our State of Emergency Tax Relief page for more information. 1220 N Street, Room 221Sacramento, CA 95814, Nursery Services If you will do more than one activity, you may need more than one license. The cultivation license types are: Specialty cottage. Some zoning ordinances don't allow home businesses, which is what you're planning to run. License to Sell Nursery Stock A License to Sell Nursery Stock is required for any person who sells plants for planting, propagation, or ornamentation in California. My costs are much, much higher than my anticipated gross sales - I'm simply trying to go about the honest way by understanding the regulations. The city or county in which you plan to open your business will have their own regulations regarding cannabis sales, so its important to check and confirm any details with them. I've had many inquiries from people that wish to purchase some of th Each year I purchase vegetable, herb, and flower seeds and germinate them myself. You will, however, need a marijuana growing license to grow for profit. Can I sell extra vegetable plants that I start from seed? Prohibited Seeds. Licenses and permits You'll most likely need licenses and permits for your backyard nursery business. You still need a license if you grow and sell nursery . California, for example, offers suggestions for small farms: Fraser Sherman has written about every aspect of business: how to start one, how to keep one in the black, the best business structure, the details of financial statements. For a complete list of other CDTFA-administered taxes and fees, please see publication 51, California Department of Tax and Fee Administration Resource Guide to Free Tax Products and Services. A licensed retailer can sell cannabis seeds and clones to medical marijuana patients and adults over the age of 21. You must notify the CDTFA if you intend to sell or close your business. Telephone: (916) 654-1017 STEPS FOR LABS TO OBTAIN A PERMIT TO PROCESS CALIFORNIA NON-REGULATORY SAMPLES FOR HLB TESTING: This permit is generally used for moving commodities for commercial purposes. If I do need a license, how do I list my "acreage" on the form when I do not actually have acreage? Indoor licenses are for cultivators who grow cannabis in a permanent structure using at least 25 watts of artificial light per square foot. Testing laboratories must obtain and maintain ISO/IEC 17025 accreditation. Seeds and bulbs. This application is for the importation of soil from foreign countries. CDTFA is making it easier for those taxpayers and business owners affected by the recent CA storms to get tax relief. If you're selling a few plants to neighbors occasionally, you'll likely be fine without licenses and permits. He lives in Durham NC with his awesome wife and two wonderful dogs. During the spring and summer months, when residents are working on their landscaping, post photos of your plants with prices. California law requires a seller's permit be held for warehouse locations when: the retailer has one or more sales offices in this state, the sale is negotiated out of state, and the order is filled from the retailer's in-state stock of goods at the warehouse. endstream endobj 602 0 obj <>/Metadata 141 0 R/PageLabels 597 0 R/Pages 599 0 R/StructTreeRoot 152 0 R/Type/Catalog/ViewerPreferences<>>> endobj 603 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text]>>/Rotate 0/StructParents 0/Tabs/S/TrimBox[0 0 612 792]/Type/Page>> endobj 604 0 obj <>stream Citrus License and Bond Citrus Citrus License and Bond FreshNet Movement and Accuracy Live Chat Contact Us However, depending on your type of business and expected taxable sales, we may ask you for a security deposit. When you register, we will issue you a seller's permit. endstream endobj startxref Add a profit margin (consider the overall market). hYo\GJ=h+h-/}ohZ% Specialty cottage outdoor up to 25 mature plants or up to 2,500 square feet of canopy, Specialty cottage indoor up to 500 square feet of canopy, Specialty cottage mixed-light tier 1 and 2 up to 2,500 square feet of canopy, Specialty outdoor up to 50 mature plants or up to 5,000 square feet of canopy, Specialty indoor 501 to 5,000 square feet of canopy, Specialty mixed-light tier 1 and 2 2,501 to 5,000 square feet of canopy, Small outdoor 5,001 to 10,000 square feet of canopy, Small indoor 5,001 to 10,000 square feet of canopy, Small mixed-light tier 1 and 2 5,001 to 10,000 square feet of canopy, Medium outdoor 10,001 square feet to 1 acre of canopy, Medium indoor 10,001 to 22,000 square feet of canopy, Medium mixed-light tier 1 and 2 10,001 to 22,000 square feet of canopy, Large outdoor more than 1 acre of total canopy, Large indoor more than 22,000 square feet of total canopy, Large mixed-light mixed-light site with more than 22,000 square feet of total canopy, Nursery for cultivators that only grow clones, immature plants, seeds or other types of cannabis used for propagation, Processor for cultivators that only trim, sift, cure, dry, grade, package or label cannabis, Tier 1 Up to 6 watts per square foot of artificial light, Tier 2 6 to 25 watts per square foot of artificial light, The chemicals used for extraction and post processing, if any, Whether the manufacturer works in a shared-use facility, Use volatile solvents for extraction or post-extraction processing of cannabis extract, Use non-volatile solvents for extraction or post processing, Use non-volatile solvents for extraction or post-extraction processing, Extract cannabis using butter or food-grade oils, water, glycerin, vegetable oil, animal fat, or using mechanical methods, Move cannabis and cannabis products between cultivation, manufacturing or distribution premises, Move finished cannabis goods to retail premises, Provide storage services to other licensees, Cultivation up to 10,000 total square feet, Manufacturing use of non-volatile solvents, mechanical extraction or infusion, Distribution or distribution transport-only, Event organizer for the person hosting cannabis events, Temporary cannabis event for the event itself. Buyer and Seller Responsibilities Pay close attention to these regulations. But there are some things youll need to do before you start taking money for your plants. Generally, the cost of the permit ranges from $50 to $100. The Type 8 license is for laboratories that test cannabis goods prior to sale at a retailer. Alabama allows you to sell baked goods and canned jam directly to consumers. You can use an interim testing license while you work on your accreditation. Whether you are starting your first company or you are a dedicated entrepreneur diving into a new venture, Bizfluent is here to equip you with the tactics, tools and information to establish and run your ventures. Although some states require a business license, have it in mind that business licenses are more commonly found at the city level. The method of processing this application is the same as for PPQ Form 526 above. Depending on the use of the cannabis you sell, you will either be applying for an A-license for adult-use retail or an M-license for medicinal retail. The type of cultivation license you need depends on: The size of your canopy (the area where you grow mature plants) What kind of lighting is used There are different licenses if you: How much do you plan to sell, assuming there are plenty of buyers? Before you take that step, though, check local zoning laws to make sure you're allowed to operate a business in your location. Do I need to apply for a permit and license + inspection to attain Nursery status just to sell a few dozen tomato seedlings and plants? Selling, however, may require paperwork, depending on how you're connecting with your customers. The CDTFA may be able to issue your permit the same day. 1220 N Street, Room 210 A license is also required if selling a food still in soil (e.g. Follow the rules yourself. You do not need a nursery license to grow or sell any amount of annuals, fruits, vegetables, most herbs, or cut flowers. USDA notifies CDFA of the application and provides a copy for review. Our classes, publications, and online seminars can help you learn to meet your obligations and help ensure that you don't pay more or less tax than you owe. some folks say 'you don't need a permit' whilst others will advise highly against selling live plants without a nursery license. The conditions of the permit are biologically equivalent to those in the applicable state interior or exterior quarantine. We recommend visiting www.businessportal.ca.gov or www.calgold.ca.gov to obtain information about business licenses and other local, state, and federal business permit information. This application is for laboratories performing analytical testing of plant materials such as testing for pesticide residues or performing nutrient analyses. 97 0 obj <>/Encrypt 68 0 R/Filter/FlateDecode/ID[<4026A5A20295E74DB161CFCBCC7EBBF1><293CF596D9072B44A8FDA6857FA28BE9>]/Index[67 86]/Info 66 0 R/Length 127/Prev 979122/Root 69 0 R/Size 153/Type/XRef/W[1 3 1]>>stream I am one of those plant buying, plant loving crazy people. The applicant completes the application and submits it to the United States Department of Agriculture (USDA). Community Facebook pages can be a great way to get the word out about what youre selling. Before you take that step, though, check local zoning laws to make sure youre allowed to operate a business in your location. Best you sell them out of your yard. The law allows those over the age of 18 to grow up to 12 plants in their home for personal use. If you deliver your own produce to customers or have them pick it up from you, no license is needed to sell fruits and vegetables. All of the above? An individual moving non-exempt insects within the state. There are different types of licenses available, so be sure to check with the Department of Agriculture to see which one is right for your business. I've had many inquiries from people that wish to purchase some of the varieties that I cultivate in my garden. You have to understand that laws and . If you're selling from a farmers market or a roadside stand rather than out of your home, you might be fine. She worked for the State of Tennessee for 19 years, the latter six of which were spent as a supervisor. Some homeowners association covenants also restrict home businesses. Fast Filings is not affiliated with any government agency. Prohibited Plants, What do I need to know before buying or selling seeds online? If you use manure as fertilizer, be careful not to contaminate your crops. If you have employees, you are required to register as an employer with the California Employment Development Department and the IRS and to pay payroll withholding taxes. Please contact our Customer Service Center at 1-800-400-7115 (CRS:711) for additional information. A seller's permit is a state license that allows you to sell items at the wholesale or retail level and to issue resale certificates to suppliers. Examples include: Infusion mixes cannabis extract or plant material with other ingredients to make a cannabis product. 1) Departmental Use Only Lic. regulations administered by Plant Health and Pest Prevention Services, Fill-in Form 66-026: Pest Exclusion Application and Permit to Move and Use Live Plant Pests or Insects or Noxious Weeds, Fill-in Form 66-026L: Application for Permit to Process California Non-regulatory Samples for HLB Testing, Fill-in Form 66-045: Pest Exclusion Application and Permit to Move and Use Plant Quarantine Commodities, Fill-in Form 66-045A: SweetPotato - Application for Permit to Import Seed Sweet Potatoes for Planting or Propagation, Fill-in Form 66-105: Approved Laboratory and Permit Agreement, PPQ Form 526: Application for Permit to Move Live Plant Pests or Noxious Weeds, PPQ Form 525A: Application for Permit to Receive Soil, PPQ Form 546: Agreement for Postentry Quarantine State Screening Notice, PPQ Form 587: Application for Permit to Import Plants or Plant Products, PPQ Form 588: Application for Permit to Import Plants or Plant Products for Experimental Purposes. endstream endobj startxref If you are a retailer located outside of California, you are required to register with the CDTFA and collect California use tax on your taxable sales and report and pay the tax to the CDTFA if you are "engaged in business in this state." Participation in the Citrus Nursery Stock Pest Cleanliness Program is mandatory for anyone who wishes to collect and use citrus propagative materials such as budwood and seed. Any customer who obtains cannabis from you must: Anyone looking to open a retail cannabis business will need to have at least one person who can be defined as the owner of the business. 601 0 obj <> endobj 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. I'll simply keep the plants for myself in that case and sell the produce myself to those prospects that desired plants - which does not require a permit (my understanding anyhow) so long as the gross sales are less than $5,000. Alaska only allows cottage food producers to sell baked goods and candy. Sometimes people incorrectly refer to a seller's permit as a resale number or resale permit. I believe I am allowed to sell the raw produce harvested (unprocessed) from my own personal home garden, selling from home, without a permit or license necessary. Lic. If you establish yourself as a reliable nursery selling top-quality products, youll likely find you have more referrals than you can handle. Nursery stock is the highest risk pathway for the movement of plant pests worldwide. BX%b!6Ia!j)6b'B$g Sales would be to family, friends, and immediate local community. Animal and Plant Health Inspection Service, Buying and Selling Plants and Seeds Online, Agricultural Commodity Import Requirements (ACIR). If you wish to perform diagnostic tests on plant material, application must be made on Form 66-026. To be able to legally sell plants, one must first be aware of the requirements that must be met. Your state or county agricultural department should be able to provide you with guidance on selling produce from home safely. You cannot just send plants anywhere. Many states try to make selling cottage foods as easy as possible without compromising public health and safety. Sell to customers coming by your house or drop off at theirs? Baking fruit pies, pickling vegetables or making preserves could all add to your backyard farm's revenue streams. The MISSION of the Nursery Program is to prevent the introduction and spread of agricultural pests through nursery stock and protect agriculture and the consumer against economic losses resulting from the sale of inferior, defective, or pest-infested nursery stock. CDFA: Application for Certified Producer's Certificate, University of California: Selling Locally Grown Produce, Texas Health and Human Services: General FAQs Retail Food Establishments, Texas Health and Human Services: Frequently Asked Questions Farmers Market, Harvard Law School: Cottage Food Laws in the United States. The USDA applications listed below can be downloaded from USDA's Permits and Certification. Examples include: Mechanical extraction uses pressure, heat or cold to extract cannabinoids instead of using chemicals. If you love to garden, selling produce from home can be a great way to make money. Train any employees you have in hygiene, food safety and hand-washing. If there is a conflict between the text in this publication and the law, decisions will be based on the law and not on this publication. The .gov means its official. but if a plant is not imported to the state, but rather grown within the same state and county that it will be sold and planted in. How do I know this? As a registered seller, you will need to take the time to learn how to properly apply the sales and use tax law in your business operations.