do i need a license to sell plants in california

A "qualified purchaser" includes businesses with at least $100,000 in annual gross receipts from business operations. 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. Upon completion of their review, California agricultural officials may make recommendations to USDA such as adding conditions to the permit. HOAs may have rules and regulations for garden design, so research those too. The applicant completes the application and submits it to the United States Department of Agriculture (USDA). The Department of Cannabis Control (DCC) issues licenses based on the type of cannabis activity that your business will perform. Indoor licenses are for cultivators who grow cannabis in a permanent structure using at least 25 watts of artificial light per square foot. If you're growing food in agriculturally zoned, unincorporated areas, you can legally set up a farm stand. nursery stock sales locations. If you purchased your business, you'll need to provide the previous owner's name and seller's permit number. Chambers of commerce, economic development organizations, and other business organizations are other good sources of information. Type P manufacturers can only package and label cannabis products. During its post-entry quarantine period (two years for most plants), the plant material is subject to inspection by California officials. However, once you start selling regularly, youll need to get a business license. Pay close attention to these regulations. %PDF-1.7 % My problem is that I can't seem to comprehend the rules and regulations. You must keep detailed records of your organic farming. 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. For more information, please see Regulation 1699, Permits, and publication 74, Closing Out Your Account. 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. A License to Sell Nursery Stock is required for any person who sells plants for planting, propagation, or ornamentation in California. As one example of how state laws and regulations shape what you can do and how you sell it, look at California. We strive to provide a website that is easy to use and understand. 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. State of California, DEPARTMENT OF FOOD AND AGRICULTURE NIPM Item # 2.1 . Many states try to make selling cottage foods as easy as possible without compromising public health and safety. When you hold a seller's permit, you must file sales and use tax returns and pay any sales or use tax due on your sales and purchases. Email: seedservices@cdfa.ca.gov, Nursery Inspection Procedures Manual (NIPM), Update on Nursery License Renewal and COVID-19, Nursery Stock Registration & Certification Programs Homepage, Citrus Nursery Stock Pest Cleanliness Program Homepage, Best Management Practices Program Homepage, Citrus Nursery Stock Pest Cleanliness Program, Senate Bill 335 (Chapter 234, Statutes of 2017), USDA Animal and Plant Health Inspection Service (APHIS), California Agricultural Commissioners and Sealers Association (CACASA). My question is: Do I require a permit and/or license to sell live seedlings/plants in small quantities (likely less than $500 in gross sales) from my home, to individuals within my immediate community (county)? Examples include: Infusion mixes cannabis extract or plant material with other ingredients to make a cannabis product. Keeping your plants well-spaced and ventilated helps reduce the risk of an infestation, but also avoid overwatering and regularly check plants for signs of issues. Further Notes: Yes. Instead, we are a private B2B filing company that offers services to prepare and and/or assist in filing forms and documents. Enjoy. You can use an interim testing license while you work on your accreditation. For instance, in some Maine towns, you cant plant or import currants or gooseberries. A storefront retailer has a physical location where cannabis goods are sold. If you are unable to complete a digital signature, you may print the application and either scan and email the signed form to permits@cdfa.ca.gov or fax it to 916-654-1018. hO?gfHQ$Kdq9yCV(}BB6>n^7%x Oa+EJX)Yllh-VJ=YnRTR3Y)3{V*06 gl(e#ds9Bl*b9s9R}>xV/_>_:~0=V.^U5c/Rb7o[n]w4^'0 /Lxa^&0 Ox~' Ox~s&<7 Mxnsb{l/i_qS~qS'qz/2^yg2 ym|O6 ~g/n:_Qqwti'4Oo/_o?8{_78x{7}h|_g/wrO9O8>o~n5o. 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. Essentially, if you can grow it and it's green, it qualifies. What do I need to know before buying or selling plants online? Issuing a resale certificate allows you to buy items you will sell in your business operations without paying amounts for tax to your suppliers. Please note: You should not obtain a seller's permit just to take advantage of the opportunity to issue resale certificates to your suppliers. Another question to research before you plant anything is whether the local government and your homeowners association allow backyard mini-farms. The sale of nursery stock without a valid license is a violation of California Food and Agricultural Code 6721. If you sell to local retailers or restaurants, your town or county may require you to take out a business license. A small nursery can be one of the easiest businesses to start, allowing you to begin slowly with a few items at a time. 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. It is important to note that the permitting process often takes several weeks, so applicants should plan accordingly. You must also provide information about yourself including your driver license number and social security number (or substitute documents, as explained on the application). Others allow them if they don't draw traffic to your neighborhood. To sell at a farmers market, you have to apply for state certification. Nursery, Seed, & Cotton Program Are you going to market your fruit as organic, local or naturally grown? The Small Business Administration has a business plan tool that walks you through the steps of putting everything in writing. A wholesaler is an entity that buys items in bulk and sells the items to resellers as opposed to consumers. Required Documents 1) Departmental Use Only Lic. If you are not making sales, your permit may be canceled. State cottage food programs reduce regulations as long as you're selling food that isn't potentially hazardous: bread, cakes and fruit are OK, but meat and omelets aren't going to qualify. If it's temporary or smaller than 120 square feet, you don't need a building permit. Keep all the equipment and any storage bins you use clean and free of contamination. When you're selling produce from home, it's important to handle food safely, even when the state leaves you unregulated. 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. Licenses and permits You'll most likely need licenses and permits for your backyard nursery business. This application is for laboratories performing analytical testing of plant materials such as testing for pesticide residues or performing nutrient analyses. 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. Home decor. A license is also required if selling a food still in soil (e.g. For more information about California state, local, and district use tax collection requirements, please see our online guide, Use Tax Collection Requirements Based on Sales into California Due to the Wayfair Decision, publication 77, Out-of-State Sellers: Do You Need to Register with California?, and publication 44, District Taxes (Sales and Use Taxes). Visit our State of Emergency Tax Relief page for more information. Sales would be to family, friends, and immediate local community. You also must keep adequate records that document your sales and purchases. Train any employees you have in hygiene, food safety and hand-washing. Certain businesses are required to obtain permits from the California Department of Consumer Affairs and state and local environmental agencies. One is to target local residents who simply want plants for their own yards. Selling, however, may require paperwork, depending on how you're connecting with your customers. Local and county health agencies . If you wish to perform diagnostic tests on plant material, application must be made on Form 66-026. Individuals requesting to import restricted plant materials will have their growing grounds inspected by county officials. Email: nurseryservices@cdfa.ca.gov, Seed Services Application for a Semi-frozen (Soft Serve) Milk Products Plant License for 2022 64-029 (Rev. Reduced fees are available if you only want to transport the goods you cultivate or manufacture. The USDA applications listed below can be downloaded from USDA's Permits and Certification. If you need assistance from the Redding Office team, please call 1-530-224-4729. 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. 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. 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. _____ Annual Lic . Specialty cottage indoor - up to 500 square feet of canopy. 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. While California does not require or issue a statewide business operating license, this doesn't mean you do not need to have a business license to operate your business in the state of. Make sure you have a website and a Google My Business page so that local residents can find you. As long as you sell directly to the consumer (retail) and the purchaser is not to re-sell the product (wholesale), no other license is required other than what may be required by county or city regulations. You'll need a business license. "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 endobj Note: An applicant signature is required. The mission of the California Nursery Advisory Board (NAB) is to grow and maintain a strong relationship between CDFA and the nursery industry in order to secure the industry's future. USDA notifies CDFA of the application and provides a copy for review. Modify your browser's settings to allow Javascript to execute. However, depending on your type of business and expected taxable sales, we may ask you for a security deposit. His website is frasersherman.com. To be able to legally sell plants, one must first be aware of the requirements that must be met. Whether you have a storefront or not, you will need to submit a $5000 surety bond, payable to the state of California. 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. 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. Individuals growing or propagating plants in only a hothouse or greenhouse should select a greenhouse nursery license. During the spring and summer months, when residents are working on their landscaping, post photos of your plants with prices. You don't need a license to sell fruits and vegetables grown organically, but you do need to meet USDA standards for organic labeling. 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. 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. There are different rules for medicinal users and . Visit our Limited Access Code Removal page for scheduled removal dates and instructions on how to Sign Up Now for a username and password. This material would normally not be allowed entry into California from areas within the U.S. or allowed movement within California due to plant pest quarantines. There are two routes to go when reaching out to potential customers for your nursery business. Fast Filings is exclusively a business to business (B2B) filing service, specializing in filings for businesses of any size. The law allows those over the age of 18 to grow up to 12 plants in their home for personal use. In most states in the United States, you will need a business license from the state to sell your items at flea markets. 152 0 obj <>stream Maintaining a system of clean, healthy nursery stock is essential to the protection of California's agriculture and environment. He's also run a couple of small businesses of his own. Information may also be obtained at: www.cdfa.ca.gov/plant/PE/. I do not have fields. 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. Will you set up a stand at a farmers market? I know. 1220 N Street, Room 210 Other states have different rules. Our Redding Office will be temporarily closed for renovations from March 6 - April 14. If you love to garden, selling produce from home can be a great way to make money. Organic farming is labor intensive, but the labor for a small backyard plot is less than that for a full-size farm. There is no charge for a seller's permit. You can follow standard pricing models for pricing most goods for online sale. FILL-IN FORMS or copies of application forms are available for download below. The Department of Food and Agriculture has established time periods for the processing of permit applications, in compliance with Government Code Sections 15374-15378. How much do you plan to sell, assuming there are plenty of buyers? .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). You have to work under the supervision of a USDA certifying agent. For a listing of the special tax and fee programs the CDTFA administers, please see our Special Taxes and Fees page. Sales would be income, but you know about tax issues. Generally, the cost of the permit ranges from $50 to $100. 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 you Need to Know to Sell Seed in California Created Date: Our Redding Office will be temporarily closed for renovations from March 6 - April 14. Each year I purchase vegetable, herb, and flower seeds and germinate them myself. 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. * all plants, seedlings, or otherwise considered "nursery stock" would be grown from seed and not intended to be transported out of county or state. To sell plants in California, you must first apply for a license from the Department of Food and Agriculture (CDFA) and pay a fee. The method of processing this application is the same as for PPQ Form 526 above. One infestation can wipe out your entire supply, leaving you without a way to make income. You may actually need a state license to sell plants. Specialty cottage mixed-light tier 1 and 2 - up to 2,500 square feet of . You may not need a license, but that's not guaranteed. Before you take that step, though, check local zoning laws to make sure youre allowed to operate a business in your location. Be sure of this before you launch your produce business. If you will do more than one activity, you may need more than one license. 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. The retail nursery license is used by retail dealers, florists, and landscapers who do not grow or propagate plant material but instead sell plant material grown by other nurseries. Thank you. West Coast Seeds doesn't sell live plants but it does ship seeds, bulbs, and growing supplies across Canada. At the time you make the sale, you may collect from your customer an amount equal to the tax you will owe. Make sure there's water for washing and cleaning readily available when you work in the yard. This applies even if your sales are made through Internet auction houses or websites that offer online classified advertisements (online advertisers). USDA then completes the application process. Information may also be obtained at: www.cdfa.ca.gov/plant/PE/. 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. The cultivation license types are: Specialty cottage. Even if the rules are against you, you may be able to appeal to your HOA board or your local government and secure permission. The program has 30 days to notify an applicant if their application is complete or deficient. The most expedient method to submit a license application is via the online ExtraView Database at: Do I still need a license? y\}L2$va-Q xPl You do not need a nursery license to grow or sell any amount of annuals, fruits, vegetables, most herbs, or cut flowers. 1220 N Street, Room 221Sacramento, CA 95814, Nursery Services Nursery stock is the highest risk pathway for the movement of plant pests worldwide. This permit application is for the importation of live plant pests from within the United States and from foreign countries. Fruit pies, pickles and non-canned jam can only be sold at farmers markets. 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. See your browser's documentation for specific instructions. This program also issues state permits involving agricultural pests and quarantine commodities as authorized under administrative regulations and the Food and Agricultural Code. See our Special Notice for more information.. CDTFA is making it easier for those taxpayers and business owners affected by the recent CA storms to get tax relief. ANY assistance is more greatly appreciated than I can express in words. Once you start selling plants, youll need to collect and remit sales tax on every dollar you make. I have all my plants in containers and in a greenhouse. Form 66-026L - Application for Permit to Process Non-regulatory Samples for HLB Testing. Gross sales would likely be under $1,000 for the year and would be documented for tax purposes. 67 0 obj <> endobj However, changes in the law or in regulations may have occurred since that time. Thank you. Please correct me if that is incorrect. If negligence gives your customers a case of food poisoning, it can hurt your business and land you in legal trouble. This will most often depend on your state and location. She worked for the State of Tennessee for 19 years, the latter six of which were spent as a supervisor. I wish to sell some excess plants, that I start from seed, to offset some of my garden expenses. of Agriculture, Conservation and Forestry: Maine Forest Service, HorticultureWeek: Pest & Disease Management Nursery Hygiene. 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. I understand the necessity for regulations on importing live plants due to pests, disease, etc. 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. 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. 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. Pricing plants to sell online. Email: The conditions of the permit are biologically equivalent to those in the applicable state interior or exterior quarantine. You will need to provide other information about your business, including its structure, your SSN, sellers permit information, evidence of compliance with the CEQA (California Environmental Quality Act), and your declaration that the business wont be located within 600 feet of a youth center or school. Failure to comply with these time periods may be appealed to the Director of Food and Agriculture, 1220 N Street, P.O. You may want to do more than sell produce from home. 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). FAX: (916) 654-1018. My property is zoned for Agricultural use. When you register, we will issue you a seller's permit. See our Special Notice for more information. The Type 8 license is for laboratories that test cannabis goods prior to sale at a retailer. If youre selling a few plants to neighbors occasionally, youll likely be fine without licenses and permits. 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 have a business (llc) currently in good standing with the state of Maryland and would like to adhere to State and county regulations and restrictions - however, it seems that no singular department can answer these (seemingly) simple questions and defer to the other..which defers to the other..and so on. Can I sell extra vegetable plants that I start from seed? Your property may have to undergo a state inspection. Some zoning ordinances don't allow home businesses, which is what you're planning to run. As a backyard farmer, you may be well situated to grow and sell organic produce. Selling the plants that you grow is actually quite easy because people love plants. Each state has different rules, so it's important to check your state's requirements. Fast Filings is not affiliated with any government agency. California law requires a "qualified purchaser" to register with the CDTFA and annually report and pay use tax directly to the CDTFA through our online services system.