A small nursery can be one of the easiest businesses to start, allowing you to begin slowly with a few items at a time. To be able to legally sell plants, one must first be aware of the requirements that must be met. This permit application is for the importation of live plant pests from within the United States and from foreign countries. You may actually need a state license to sell plants. A License to Sell Nursery Stock is required for any person who sells plants for planting, propagation, or ornamentation in California. 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. West Coast Seeds doesn't sell live plants but it does ship seeds, bulbs, and growing supplies across Canada. 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. Thank you. Alabama allows you to sell baked goods and canned jam directly to consumers. During its post-entry quarantine period (two years for most plants), the plant material is subject to inspection by California officials. 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. This page requires Javascript. Whether you have a storefront or not, you will need to submit a $5000 surety bond, payable to the state of California. To sell at a farmers market, you have to apply for state certification. A License to Sell Nursery Stock is required for any person who sells plants for planting, propagation, or ornamentation in California. 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. Online Services Limited Access Codes are going away. 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. hYo\GJ=h+h-/}ohZ% How do I know this? 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. 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. 1 O`4, 64R^ ?L>JGBR0/'0!r8*3xJM?nNiJuz"/'q9&i Bry4HW+sC7T"54FrN ;Xgc2h-xgEx Illinois allows you to sell canned fruit jams, jellies and butters, but no other canned goods. 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. . (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. Gross receipts are the total of all receipts from both in-state and out-of-state business operations. 67 0 obj <> endobj Ph: (916) 654-0435 Permaculture Portal: Start a Permaculture Nursery, Fundera: The Best State-by-State Guide to Business Licenses and Permits, Maine Dept. As a nursery owner, your biggest concerns will be disease and pests. Please correct me if that is incorrect. some folks say 'you don't need a permit' whilst others will advise highly against selling live plants without a nursery license. Will you set up a stand at a farmers market? There is no charge for a seller's permit. Type 13 distributors can move cannabis and cannabis products between cultivation, manufacturing or distribution premises. In addition to registering for a seller's permit, you may need to register for one of the other taxes and fees we administer. However, changes in the law or in regulations may have occurred since that time. 632 0 obj <>/Filter/FlateDecode/ID[<62794729000E18002F0DF6CAFE1AC4B9><20AA0894DC2F6144B6E7650E9F712F63>]/Index[601 61]/Info 600 0 R/Length 137/Prev 217314/Root 602 0 R/Size 662/Type/XRef/W[1 3 1]>>stream Copyright document 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. To sell plants in California, you must first apply for a license from the Department of Food and Agriculture (CDFA) and pay a fee. micro greens, sprouts). 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. The application requires identifying where you grow your food and identifying the food you intend to sell. As one example of how state laws and regulations shape what you can do and how you sell it, look at California. "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;en^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. Please complete the following steps. Go to your city or county website to learn about rules in your area. You need to be sure the soil can support a nursery. The sale of nursery stock without a valid license is a violation of California Food and Agricultural Code 6721. Think soil, fertilizer, growing medium, and grow lights. Prohibited Plants, What do I need to know before buying or selling seeds online? The canopy is the area where mature (flowering) plants are grown. This application is for the importation of plant material from foreign countries which would otherwise be prohibited entry into the United States. 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. Some zoning ordinances don't allow home businesses, which is what you're planning to run. Growing cannabis for profit is a different story. California, for example, only requires a permit to sell nursery stock (outdoor plants) and seeds, but Florida requires a license for any plant sales. You only need a license to sell "woodies" (trees, shrubs.) If you need assistance from the Redding Office team, please call 1-530-224-4729. This site is also protected by an SSL (Secure Sockets Layer) certificate thats been signed by the U.S. government. You'll need a business license. Required Documents You can also register in person at any of our offices. A License to Sell Nursery Stock is required for any person who sells plants for planting, propagation, or ornamentation in California. But people sell plants on ebay. 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Selling the plants that you grow is actually quite easy because people love plants. 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. 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. permits@cdfa.ca.gov 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. You cannot just send plants anywhere. If you will do more than one activity, you may need more than one license. Here's how you know. 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. %%EOF 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. USDA notifies CDFA of the application and provides a copy for review. Email: nurseryservices@cdfa.ca.gov, Seed Services Examples of who should apply for this permit: This permit does not exempt the holder from compliance with state interior quarantines or county ordinances. Whether you have a storefront or not, you will need to submit a $5000 surety bond, payable to the state of California. BX%b!6Ia!j)6b'B$g Every successful business starts with a plan. You can register by selecting Register, and then select Register a business activity with CDTFA. How much do you plan to sell, assuming there are plenty of buyers? That could really screw up an ecosystem (which is why there are transporting laws in place for many states). 1. Fruit pies, pickles and non-canned jam can only be sold at farmers markets. Javascript is disabled in this browser. 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. Pay close attention to these regulations. 1) Departmental Use Only Lic. When you register, we will issue you a seller's permit. But that yard full of beautiful plants can actually turn into a business, especially if you have extra space in your backyard. Prohibited Seeds. 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 exact decision on which foods are non-potentially hazardous and how you can sell them depends on the state: State laws also differ on whether you can sell to restaurants, retail stores or over the internet, and whether you require a light inspection or none at all. If you're growing food in agriculturally zoned, unincorporated areas, you can legally set up a farm stand. Certain businesses are required to obtain permits from the California Department of Consumer Affairs and state and local environmental agencies. 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. Here are some examples of products . 2k^C;jVWRgdFXON\?w"GaX;^T(/"mf~toMY$wX"@oC?T_}X-';.M czp(9:*~]o`W. you do not need to pay the acreage Youll also be making major decisions as you go. Make deliveries to local restaurants? You do not need a nursery license to grow or sell any amount of annuals, fruits, vegetables, most herbs, or cut flowers. In rare instances, CDFA may recommend denial of the application. The Small Business Administration has a business plan tool that walks you through the steps of putting everything in writing. Please contact our Customer Service Center at 1-800-400-7115 (CRS:711) for additional information. 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. 1X1 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. 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. 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. If you've been farming for more than three years, your records should cover the previous three years. When you irrigate, test to confirm the water's not contaminated. 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.