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: This application is for California non-regulatory Diagnostic Laboratory testing [Asian Citrus Psyllid (ACP) Tissue and Citrus Plant Tissue] for Huanglongbing (HLB). Our Redding Office will be temporarily closed for renovations from March 6 - April 14. Telephone: (916) 654-1017 2k^C;jVWRgdFXON\?w"GaX;^T(/"mf~toMY$wX"@oC?T_}X-';.M czp(9:*~]o`W. You may also have to deal with local ordinances and regulations that restrict where and how you can grow food. West Coast Seeds doesn't sell live plants but it does ship seeds, bulbs, and growing supplies across Canada. 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. APPLICATION FOR LICENSE TO SELL NURSERY STOCK New Renewal Previous License#_____ Branch Change of Ownership . 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. If you're selling produce from home in volumes greater than $5,000 a year, you have to complete the USDA certification process. An individual or company who manufactures or distributes fertilizing materials in California shall, before they engage in the activity, obtain a Fertilizing Materials License for each plant and business location that they operate. If you will do more than one activity, you may need more than one license. Selling Plants - The eBay Community Every successful business starts with a plan. _____ Temp. When you're selling produce from home, it's important to handle food safely, even when the state leaves you unregulated. In most states in the United States, you will need a business license from the state to sell your items at flea markets. CDFA - Plant Health - Permits and Regulations Make sure you always have business cards on hand and network with local hardware stores and other small businesses. Some zoning ordinances don't allow home businesses, which is what you're planning to run. Selling the plants that you grow is actually quite easy because people love plants. She has written about business for entrepreneurs and marketing firms since 2011. PDF Nursery Licensing - Frequently Asked Questions - Wisconsin However, changes in the law or in regulations may have occurred since that time. "yes":"no",n=screen.availHeight-90,r=940;return window.innerWidth<1400&&(r=620),window.open(this.href,"shopperapproved","location="+e+",scrollbars=yes,width="+r+",height="+n+",menubar=no,toolbar=no"),o.stopPropagation&&o.stopPropagation(),!1}!function(){for(var o=document.getElementsByClassName("shopperlink"),e=0,n=o.length;e You can buy cannabis if you are: 18 or older with a physician's recommendation (medicinal use) 21 or older (adult use) Cities and counties may have stricter laws about cannabis than the state. 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. PDF What you Need to Know to Sell Seed in California A License to Sell Nursery Stock is required for any person who sells plants for planting, propagation, or ornamentation in California. The method of processing this application is the same as for PPQ Form 526 above. When you have a garage sale and sell used items, you are generally not required to hold a seller's permit unless you have more than two garage sales in a 12-month period or are required to hold a seller's permit for being engaged in the business of selling merchandise, goods, or items (tangible personal property). The cultivation license types are: Specialty cottage. 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. 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. y\}L2$va-Q xPl Prohibited Seeds. There are different rules for medicinal users and . How To Get A Business License In California (2023 Guide) Failure to comply with these time periods may be appealed to the Director of Food and Agriculture, 1220 N Street, P.O. Small Businesses & Homemade Cosmetics: Fact Sheet | FDA Please note: You should not obtain a seller's permit just to take advantage of the opportunity to issue resale certificates to your suppliers. You can follow standard pricing models for pricing most goods for online sale. Online Services Limited Access Codes are going away. 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. Seeds with Additional Requirements This site is also protected by an SSL (Secure Sockets Layer) certificate thats been signed by the U.S. government. Permaculture Portal: Start a Permaculture Nursery, Fundera: The Best State-by-State Guide to Business Licenses and Permits, Maine Dept. Essentially, if you can grow it and it's green, it qualifies. But that yard full of beautiful plants can actually turn into a business, especially if you have extra space in your backyard. This application is for the importation of soil from foreign countries. Certain businesses are required to obtain permits from the California Department of Consumer Affairs and state and local environmental agencies. Otherwise, you're largely off the federal hook. You may actually need a state license to sell plants. Home decor. 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. To make sure you won't have to pay any tax, interest, or penalties owed by the previous owner, you should request in writing, a tax clearance from us 60 days prior to your purchase. Please see Regulation 1595, Occasional Sales Sale of A Business Business Reorganization. Fruit pies, pickles and non-canned jam can only be sold at farmers markets. Train any employees you have in hygiene, food safety and hand-washing. However, once you start selling regularly, you'll need to get a business license. I wish to sell some excess plants, that I start from seed, to offset some of my garden expenses. 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. Also, using a website hosted on servers located in California will generally not, by itself, cause a retailer to be engaged in business in California. Seems like a lot of foggy grey area to me, so any input or suggestions is greatly appreciated! You may want to do more than sell produce from home. 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. What Licenses Do You Need to Sell Produce From Home? (see Additional Requirements for Your Business), Information for Local Jurisdictions and Districts, Owns or leases real or tangible personal property, including a computer server, in California; or, Maintains, occupies, or uses, directly or indirectly, or through a subsidiary or agent, a permanent or temporary office, place of distribution, sales or sample room, warehouse or storage place, or other physical place of business in California (whether or not it is related to your sales activities); or, Has persons operating in California under your authority for the purpose of selling, delivering, installing, assembling, or the taking of orders for tangible personal property; or, Derives rentals from a lease of tangible personal property (including vehicles, vessels and aircraft) situated in California; or. The permits and regulations program develops all regulations administered by Plant Health and Pest Prevention Services and develops associated legally required documents such as notices, statements of reason, orders, and certificates of compliance. Note: An applicant signature is required. For more information, please see Regulation 1699, Permits, and publication 74, Closing Out Your Account. You need to be sure the soil can support a nursery. In addition to registering for a seller's permit, you may need to register for one of the other taxes and fees we administer. The https:// means all transmitted data is encrypted in other words, any information or browsing history that you provide is transmitted securely. I've had many inquiries from people that wish to purchase some of the varieties that I cultivate in my garden. A small nursery can be one of the easiest businesses to start, allowing you to begin slowly with a few items at a time. * all plants, seedlings, or otherwise considered "nursery stock" would be grown from seed and not intended to be transported out of county or state. Issuing a resale certificate to avoid paying tax on items you will use rather than sell is against the law and may result in fines and penalties. Issuing a resale certificate allows you to buy items you will sell in your business operations without paying amounts for tax to your suppliers. Make deliveries to local restaurants? One is to target local residents who simply want plants for their own yards. Cultivation licenses If you want to grow cannabis and sell it in California, you will need a cultivation license. No. The sale of nursery stock without a valid license is a violation of California Food and Agricultural Code 6721. Specialty cottage outdoor - up to 25 mature plants or up to 2,500 square feet of canopy. Why You Need a Cannabis Cultivation License In California, Nevada, or Oregon, you don't need a license to grow cannabis, even if you don't have a medical cannabis card. Sacramento, California 95814 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. Organic farming is labor intensive, but the labor for a small backyard plot is less than that for a full-size farm. Local and county health agencies . This permit is for the importation of restricted plant material from foreign countries. All of the above? Individuals requesting a permit for soil importation will have their facilities inspected by both USDA and California agricultural officials, and must enter into a compliance agreement to ensure they properly handle and dispose of foreign soil. 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. Whether you need a license to sell fruits and vegetables depends on state law, on where and how you're selling it, and on how much produce people are buying. %PDF-1.6 % 1) Departmental Use Only Lic. You can grow farm produce in most parts of the state without a state permit. The method of processing this application is the same as for PPQ Form 526 above. Cultivation - Department of Cannabis Control Visit our Limited Access Code Removal page for scheduled removal dates and instructions on how to Sign Up Now for a username and password. Permits are required for the importation into the U.S. and transit through the U.S. of regulated plants and plant products for consumption or propagation. You may need to obtain other licenses, permits, or documents to operate your business (see Additional Requirements for Your Business) or you may be required to register for a use tax account with the CDTFA if you are a "qualified purchaser," as explained above. The Pros And Cons Of Renting Your Warehouse To A Cannabis Company To find out more information, please contact the Nursery, Seed, & Cotton Program or your local County Agricultural Commissioner. When you register, we will issue you a seller's permit. Individuals growing or propagating plants in only a hothouse or greenhouse should select a greenhouse nursery license. When you register, we will issue you a seller's permit. Type S manufacturers operate in shared-use facilities and can: Shared-use facilities are places where multiple Type S manufacturers rotate on a schedule and share space and equipment. Visit our State of Emergency Tax Relief page for more information. The purpose of the permit conditions are to ensure the capability of private laboratories, without Certification by the U.S. Department of Agriculture's National Plant Pathogen Laboratory Accreditation Program (NPPLAP), to make accurate diagnostic determinations of all Suspect Positive Samples processed by them, and to enable replication and confirmation of these determinations by the CDFA. You must also provide information about yourself including your driver license number and social security number (or substitute documents, as explained on the application). Pricing plants to sell online. For a listing of the special tax and fee programs the CDTFA administers, please see our Special Taxes and Fees page. What license is required to sell fresh fruit and vegetables at flea How to Sell Plants From a Home Nursery Business | Bizfluent Please note: This publication summarizes the law and applicable regulations in effect when the publication was written, as noted above. .innerHTML = new Date().getFullYear();State of California, Official website of the State of California, How the DCC licensing team reviews applications, Testing cannabis or cannabis products (testing laboratory), Holding an event where cannabis will be sold (event organizers). Provide the agricultural industry with registration and certification services for plant materials. You'll need a business license. Whether you have a storefront or not, you will need to submit a $5000 surety bond, payable to the state of California. This application is for the importation of plant material from foreign countries which would otherwise be prohibited entry into the United States. Stephanie Faris is a novelist and business writer whose work has appeared on numerous small business blogs, including Zappos, GoDaddy, 99Designs, and the Intuit Small Business Blog. This application is for laboratories performing analytical testing of plant materials such as testing for pesticide residues or performing nutrient analyses. You can register by selecting Register, and then select Register a business activity with CDTFA. To sell at a farmers market, you have to apply for state certification. 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. Information may also be obtained at: www.cdfa.ca.gov/plant/PE/. It is a misdemeanor to issue a resale certificate if, at the time of purchase, you do not intend to resell the merchandise. For more information regarding seller's permits, please see publication 73, Your California Seller's Permit. 2 / 2. Plant Health Pest Prevention Services Seed Services Program 1220 N Street Sacramento, CA 95814 916-654-0435 seedservices@cdfa.ca.gov Redding District 20203 Charlanne Dr. Redding, CA 96002 530-949-6934 . Indoor licenses are for cultivators who grow cannabis in a permanent structure using at least 25 watts of artificial light per square foot. A wholesaler is an entity that buys items in bulk and sells the items to resellers as opposed to consumers. USDA APHIS | Buying and Selling Plants and Seeds Online The USDA applications listed below can be downloaded from USDA's Permits and Certification. You must report and pay sales tax on each taxable sale. When you irrigate, test to confirm the water's not contaminated. During the spring and summer months, when residents are working on their landscaping, post photos of your plants with prices. However, once you start selling regularly, youll need to get a business license. 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 Growing cannabis for profit is a different story. 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. State of California, DEPARTMENT OF FOOD AND AGRICULTURE NIPM Item # 2.1 . If you ship to other states, California wants to inspect your shipments. If you are unable to complete a digital signature, you may print the application and either scan and email the signed form to permits@cdfa.ca.gov or fax it to 916-654-1018. 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. Your property may have to undergo a state inspection. If you need assistance from the Redding Office team, please call 1-530-224-4729. Home and Garden Information Cent University of Maryland Extension. Before you can find out whether you need a license to sell fruits and vegetables and determine what kind of license is necessary, you have to get specific about your plans. If you've been farming for more than three years, your records should cover the previous three years. CDFA - AHFSS - Milk Product Plant Licenses - California Department of Generally, the cost of the permit ranges from $50 to $100. As one example of how state laws and regulations shape what you can do and how you sell it, look at California. If you have problems with a form, contact us at (916) 654-1017. Community Facebook pages can be a great way to get the word out about what youre selling. Plant and plant product permits include plants for planting such as nursery stock, small lots of seed, and postentry; plant products such as fruits and vegetable, timber, cotton and cut . This permit will require the laboratory to undergo a facility site inspection by CDFA technical staff prior to issuance of a permit. This license will allow you to sell plants that are grown in California. If you need assistance from the Redding Office team, please call 1-530-224-4729. USDA FAQ's and resources about coronavirus (COVID-19). Yes. You can also register in person at any of our offices. Make sure you have a website and a Google My Business page so that local residents can find you. Answer these questions to get started: If you engage in interstate commerce, you need to deal with federal regulations. 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 You do not need a nursery license to grow or sell any amount of annuals, fruits, vegetables, most herbs, or cut flowers. - Ask Extension. 67 0 obj <> endobj 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. hbbd```b``"OH&v"d$3d7> &'M &]AlN Yb3H[`ud(M&(I}p6cf=L,`* e`bd`zqP?0 However, depending on your type of business and expected taxable sales, we may ask you for a security deposit. You cannot just send plants anywhere. 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Buyer and Seller Responsibilities People and businesses that buy or sell plants and seeds for planting from another country through an e-commerce site must comply with all applicable U.S. import requirements, including obtaining an import permit from APHIS, obtaining a phytosanitary certificate from the national plant protection organization of the country of origin, properly labeling and shipping the plants and seed, and meeting unique requirements for certain plant species and seed types. Further Notes: There is no charge for a seller's permit. You can use an interim testing license while you work on your accreditation. Before sharing sensitive information online, make sure youre on a .gov or .mil site by inspecting your browsers address (or location) bar. 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. Before you take that step, though, check local zoning laws to make sure you're allowed to operate a business in your location. You also need to make sure you have access to a good water supply, as your plants will need a lot of it. If negligence gives your customers a case of food poisoning, it can hurt your business and land you in legal trouble. Nursery Grower A nursery grower is a person who grows, plants, splits or propagates nursery stock (herbaceous and/or woody perennial stock) which is capable of over-wintering in Wisconsin. California Department of Tax and Fee Administration. ANY assistance is more greatly appreciated than I can express in words. In order to sell plants in the state of California, you must have a license from the California Department of Agriculture. Although some states require a business license, have it in mind that business licenses are more commonly found at the city level. Official website of the State of California State of California. Make sure there's water for washing and cleaning readily available when you work in the yard. Those who plan to start a business in selling marijuana legally are required to know who they can legally sell to. The NAB is comprised of 12 voting members representing licensed Californian nurseries, as well as ex officio nonvoting members representing the county agricultural commissioners, the University of California, and other groups affiliated with the nursery industry. HOAs may have rules and regulations for garden design, so research those too. you do not need to pay the acreage Sweet potato and pumpkin pies are disallowed. . CDFA - Plant Health - Nursery Services - California Department of Food You can register by selecting Register, and then select Register a business activity with CDTFA. annual sales of those plants exceed $250, you need a Nursery Grower License. The owner is the individual who will be responsible for completing and submitting the business application and can be any of the following: In addition to the business license, the owner must also obtain other permits and licenses. These items can also be sold in tandem with live plants and work well with an upsell strategy. How to Legally Sell Marijuana in California | Fast Filings Reduced fees are available if you only want to transport the goods you cultivate or manufacture. You don't need a license to sell fruits and vegetables grown organically, but you do need to meet USDA standards for organic labeling. 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. Required Documents