do i need a license to sell plants in california

As a backyard farmer, you may be well situated to grow and sell organic produce. Required Documents Indoor licenses are for cultivators who grow cannabis in a permanent structure using at least 25 watts of artificial light per square foot. There are different rules for medicinal users and . My property is zoned for Agricultural use. Type 13 distributors can move cannabis and cannabis products between cultivation, manufacturing or distribution premises. .querySelector('.js-cagov-current-year') Entrepreneur: Is Your Home Zoned For Business? However, your business may be required to register for a use tax account as discussed in the Required Registration to Report Use Tax section. Whether you have a storefront or not, you will need to submit a $5000 surety bond, payable to the state of California. Ph: (916) 403-6715 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. You also need to make sure you have access to a good water supply, as your plants will need a lot of it. The application is submitted to USDA and not subject to review by CDFA. You'll need a business license. Make sure you have a website and a Google My Business page so that local residents can find you. 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. You have to understand that laws and . 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). 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. Fruit pies, pickles and non-canned jam can only be sold at farmers markets. This site is also protected by an SSL (Secure Sockets Layer) certificate thats been signed by the U.S. government. 64-029 (Rev. Copyright document Some homeowners association covenants also restrict home businesses. CDTFA is making it easier for those taxpayers and business owners affected by the recent CA storms to get tax relief. Answer these questions to get started: If you engage in interstate commerce, you need to deal with federal regulations. Further Notes: But people sell plants on ebay. Please contact our Customer Service Center for assistance at 1-800-400-7115 (CRS:711). hl?KA KN;ML You can ship produce to customers within California without a permit as long as you watch for quarantines banning shipments from pest-infected areas. _____ Temp. . This You don't need a license to sell fruits and vegetables grown organically, but you do need to meet USDA standards for organic labeling. Certain businesses are required to obtain permits from the California Department of Consumer Affairs and state and local environmental agencies. For additional information, see publication 126, Mandatory Use Tax Registration for Service Enterprises. endstream endobj startxref The plant materials are permitted entry only under strict conditions. I wish to sell some excess plants, that I start from seed, to offset some of my garden expenses. 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. You can follow standard pricing models for pricing most goods for online sale. You don't need a license to sell fruits and vegetables grown organically, but you do need to meet USDA standards for organic labeling. During its post-entry quarantine period (two years for most plants), the plant material is subject to inspection by California officials. 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." 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. Examples of who should apply for this permit: This permit does not exempt the holder from compliance with state interior quarantines or county ordinances. If you use manure as fertilizer, be careful not to contaminate your crops. When you sell or lease merchandise, vehicles, or other tangible personal property in California, even temporarily, you are generally required to register with our agency, the California Department of Tax and Fee Administration (CDTFA), and to pay sales tax on your taxable sales. For more information, please see Regulation 1699, Permits, and publication 74, Closing Out Your Account. 1X1 This permit is for the importation of restricted plant material from foreign countries. License sellers of nursery stock in California. permits@cdfa.ca.gov This application is for the importation of soil from foreign countries. Specialty cottage outdoor - up to 25 mature plants or up to 2,500 square feet of canopy. Alabama allows you to sell baked goods and canned jam directly to consumers. Modify your browser's settings to allow Javascript to execute. This permit application is for the importation of live plant pests from within the United States and from foreign countries. This applies even if your sales are made through Internet auction houses or websites that offer online classified advertisements (online advertisers). This license will allow you to sell plants that are grown in California. Email: That could really screw up an ecosystem (which is why there are transporting laws in place for many states). 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. Fast Filings is not affiliated with any government agency. After your nursery business is registered, expect to be occasionally inspected to make sure youre in compliance with local laws. You do not need a nursery license to grow or sell any amount of annuals, fruits, vegetables, most herbs, or cut flowers. 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. 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. The Type 12 license is for businesses that do at least three of the following activities at one location: There are two cannabis event license types: Cannabis events can only be held by a person with an event organizer license. One is to target local residents who simply want plants for their own yards. If you ship to other states, California wants to inspect your shipments. 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. 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 .gov means its official. Individuals requesting to import restricted plant materials will have their growing grounds inspected by county officials. Before you take that step, though, check local zoning laws to make sure youre allowed to operate a business in your location. 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. The state and federal governments have additional requirements for businesses. To find a retail price for your plants or plant accessories: Add up your variable costs per product (cost of goods sold, packaging, shipping, etc.). %PDF-1.6 % If youre selling a few plants to neighbors occasionally, youll likely be fine without licenses and permits. Seems like a lot of foggy grey area to me, so any input or suggestions is greatly appreciated! 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. FILL-IN FORMS or copies of application forms are available for download below. Others allow them if they don't draw traffic to your neighborhood. She has written about business for entrepreneurs and marketing firms since 2011. 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. In addition to registering for a seller's permit, you may need to register for one of the other taxes and fees we administer. Buyer and Seller Responsibilities In rare instances, CDFA may recommend denial of the application. You must also provide information about yourself including your driver license number and social security number (or substitute documents, as explained on the application). 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. To grow organic products, avoid prohibited growing methods, including genetic engineering, ionizing radiation, or sewage sludge You have to work under the supervision of a USDA certifying agent. Supported by nursery license and acreage fees, nursery regulatory activities conducted by the county agricultural commissioners and their staffs are an integral part of the State's agricultural pest prevention system. 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. Prohibited Plants, What do I need to know before buying or selling seeds online? Visit our State of Emergency Tax Relief page for more information. Sweet potato and pumpkin pies are disallowed. 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). Selling the plants that you grow is actually quite easy because people love plants. The canopy is the area where mature (flowering) plants are grown. The program has 30 days to notify an applicant if their application is complete or deficient. Sacramento, California 95814 All of the above? nursery stock sales locations. 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 . 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. Please note: You should not obtain a seller's permit just to take advantage of the opportunity to issue resale certificates to your suppliers. The Nursery, Seed, & Cotton Program provides voluntary registration and certification services for the following: avocado, deciduous fruit and nut trees, seed garlic, grapevines, pome fruit trees, and strawberry nursery stock. 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. I'm not interested in paying $300-500 for fees, licenses and permits just to potentially sell $300-500 worth of plants. Pay close attention to these regulations. Once you start selling plants, youll need to collect and remit sales tax on every dollar you make. If it's temporary or smaller than 120 square feet, you don't need a building permit. If you're growing food in agriculturally zoned, unincorporated areas, you can legally set up a farm stand. West Coast Seeds doesn't sell live plants but it does ship seeds, bulbs, and growing supplies across Canada. It is important to note that the permitting process often takes several weeks, so applicants should plan accordingly. There is no charge for a seller's permit. 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. Even if you sell less, you can't use the familiar organic label unless you're certified. These permits concern movement into California of plant pests, foreign soil, foreign postentry quarantine plant material, genetically engineered organisms, and foreign commodities normally prohibited entry into the United States. Please contact our Customer Service Center at 1-800-400-7115 (CRS:711) for additional information. There are two options for licensing. Some counties and cities publish special guides for small businesses, available free or at a low cost. If you sell to local retailers or restaurants, your town or county may require you to take out a business license. 1 O`4, 64R^ ?L>JGBR0/'0!r8*3xJM?nNiJuz"/'q9&i Bry4HW+sC7T"54FrN ;Xgc2h-xgEx Some zoning ordinances don't allow home businesses, which is what you're planning to run. Best you sell them out of your yard. Temporary permits are issued to those whose sales activity will last no longer than 90 days. 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. If you have a green thumb, you may see gardening as a mere hobby. The undersigned certify that, as of June 18, 2021, the internet website of the California Department of Tax and Fee Administration is designed, developed and maintained to be in compliance with California Government Code Sections 7405 and 11135, and the Web Content Accessibility Guidelines 2.1, Level AA success criteria, published by the Web Accessibility Initiative of the World Wide Web Consortium. * all plants, seedlings, or otherwise considered "nursery stock" would be grown from seed and not intended to be transported out of county or state. 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 . You only need a license to sell "woodies" (trees, shrubs.) Thank you. You have to work under the supervision of a USDA certifying agent. %%EOF Organic farming is labor intensive, but the labor for a small backyard plot is less than that for a full-size farm. Sometimes people incorrectly refer to a seller's permit as a . Selling, however, may require paperwork, depending on how you're connecting with your customers. Yes. To safeguard U.S. agriculture, APHIS regulates the importation of plants and seeds for planting, including plants and seeds purchased through e-commerce sites, to ensure they meet U.S. import requirements and are free of pests of concern. The https:// means all transmitted data is encrypted in other words, any information or browsing history that you provide is transmitted securely. Specialty cottage indoor - up to 500 square feet of canopy. Lic. A License to Sell Nursery Stock is required for any person who sells plants for planting, propagation, or ornamentation in California. To be able to legally sell plants, one must first be aware of the requirements that must be met. Be sure of this before you launch your produce business. Official website of the State of California State of California. 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. Are you going to market your fruit as organic, local or naturally grown? you do not need to pay the acreage 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. 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. It piqued my interest because I am aware that there are many regulatory agencies, state and local governments, and permits required for this sort of business if it were for profit. Train any employees you have in hygiene, food safety and hand-washing. APPLICATION FOR LICENSE TO SELL NURSERY STOCK New Renewal Previous License#_____ Branch Change of Ownership . USDA then completes the application process. My problem is that I can't seem to comprehend the rules and regulations. Even if the rules are against you, you may be able to appeal to your HOA board or your local government and secure permission. If you need assistance from the Redding Office team, please call 1-530-224-4729. You must keep detailed records of your organic farming. hbbd```b`` 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. endstream endobj startxref Seeds with Additional Requirements Many states try to make selling cottage foods as easy as possible without compromising public health and safety. 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. This program also recommends approval or disapproval of applications for Federal permits which are issued by the USDA. You may not need a license, but that's not guaranteed. Although some states require a business license, have it in mind that business licenses are more commonly found at the city level. Permaculture Portal: Start a Permaculture Nursery, Fundera: The Best State-by-State Guide to Business Licenses and Permits, Maine Dept. Our goal is to provide a good web experience for all visitors. Cannabis is legal in California. A license is also required if selling a food still in soil (e.g. Javascript is disabled in this browser. Please correct me if that is incorrect. They love to buy them, they love to plant them and they love looking at them. 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: A wholesaler is an entity that buys items in bulk and sells the items to resellers as opposed to consumers. I have all my plants in containers and in a greenhouse. 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. Generally, the cost of the permit ranges from $50 to $100. Before sharing sensitive information online, make sure youre on a .gov or .mil site by inspecting your browsers address (or location) bar. Not only are you required to have proper permits to operate your business, but you may be limited as to the types of plants and trees you can grow and sell. HOAs may have rules and regulations for garden design, so research those too. 3. 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. Before you take that step, though, check local zoning laws to make sure you're allowed to operate a business in your location. You can register by selecting Register, and then select Register a business activity with CDTFA. 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. If you sell more than $500,000 worth of produce a year, FDA regulations might apply too. 1220 N Street, Room 221Sacramento, CA 95814, Nursery Services I am not the type to commit to something without this level of uncertainty - I am not trying to get fined, jailed, or penalized for not following the appropriate guidelines and authoritative channels. Form 66-026L - Application for Permit to Process Non-regulatory Samples for HLB Testing. An individual wishing to move viral, bacterial or fungal organisms within the state. A "qualified purchaser" includes businesses with at least $100,000 in annual gross receipts from business operations. Upon completion of their review, California agricultural officials may make recommendations to USDA such as adding conditions to the permit. Otherwise, you're largely off the federal hook. Your state or county agricultural department should be able to provide you with guidance on selling produce from home safely. Sales would be income, but you know about tax issues. California Department of Tax and Fee Administration. Required Documents You can register by selecting Register, and then select Register a business activity with CDTFA. Please see Regulation 1595, Occasional Sales Sale of A Business Business Reorganization. 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. 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. I am one of those plant buying, plant loving crazy people. We are B2B only. Your property may have to undergo a state inspection. 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. Citrus License and Bond Citrus Citrus License and Bond FreshNet Movement and Accuracy Live Chat Contact Us Do you intend to sell across state lines? Visit our Limited Access Code Removal page for scheduled removal dates and instructions on how to Sign Up Now for a username and password. Enjoy. 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. Ph: (916) 654-0435 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. of Agriculture, Conservation and Forestry: Maine Forest Service, HorticultureWeek: Pest & Disease Management Nursery Hygiene. 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. The sale of nursery stock without a valid license is a violation of California Food and Agricultural Code 6721. At the time you make the sale, you may collect from your customer an amount equal to the tax you will owe. 1. An official website of the United States government Make sure you always have business cards on hand and network with local hardware stores and other small businesses. 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? In order to operate legally, you will need to obtain both an annual cannabis retailer license and a seller's permit in CA. You are not required to hold a seller's permit if all your sales are made exclusively in interstate or foreign commerce, and you make no sales in this state. You are engaged in business in this state if you are a retailer that: Offering merchandise for sale over the phone, by mail order, or online will generally not, by itself, cause a retailer to be engaged in business in California. 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. This is How You Make Up to $93.60 per Square Foot Right in Your Own Backyard. annual sales of those plants exceed $250, you need a Nursery Grower License. Failure to comply with these time periods may be appealed to the Director of Food and Agriculture, 1220 N Street, P.O. Follow the rules yourself. If you purchased your business, you'll need to provide the previous owner's name and seller's permit number. 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. Will you set up a stand at a farmers market? Instead, we are a private B2B filing company that offers services to prepare and and/or assist in filing forms and documents. Baking fruit pies, pickling vegetables or making preserves could all add to your backyard farm's revenue streams. However, youll need to follow a few guidelines, as well as obtain a. 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. 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. However, depending on your type of business and expected taxable sales, we may ask you for a security deposit. Mixed-light licenses are for cultivators who grow cannabis in a: Mixed-light licenses have two tiers based on the amount of artificial light used: Manufacturing license types are based on: Volatile solvents are chemicals that produce a flammable gas or vapor. 1) Departmental Use Only Lic. You may also have to deal with local ordinances and regulations that restrict where and how you can grow food. This application is for laboratories performing analytical testing of plant materials such as testing for pesticide residues or performing nutrient analyses. Often the business licensing department of a city or county can assist you, too. Information may also be obtained at: www.cdfa.ca.gov/plant/PE/. When you sell or lease merchandise, vehicles, or other tangible personal property in California, even temporarily, you are generally required to register with our agency, the California Department of Tax and Fee Administration (CDTFA), and to pay sales tax on your taxable sales. Every successful business starts with a plan. Individuals growing or propagating plants in only a hothouse or greenhouse should select a greenhouse nursery license.