annual sales of those plants exceed $250, you need a Nursery Grower License. 1. Community Facebook pages can be a great way to get the word out about what youre selling. 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. Information may also be obtained at: www.cdfa.ca.gov/plant/PE/. You do not need a nursery license to grow or sell any amount of annuals, fruits, vegetables, most herbs, or cut flowers. The canopy is the area where mature (flowering) plants are grown. permits@cdfa.ca.gov Gross sales would likely be under $1,000 for the year and would be documented for tax purposes. When you're selling produce from home, it's important to handle food safely, even when the state leaves you unregulated. However, depending on your type of business and expected taxable sales, we may ask you for a security deposit. You'll need a business license. For instance, in some Maine towns, you cant plant or import currants or gooseberries. You can register by selecting Register, and then select Register a business activity with CDTFA. Illinois allows you to sell canned fruit jams, jellies and butters, but no other canned goods. Email: If you've been farming for more than three years, your records should cover the previous three years. Keep all the equipment and any storage bins you use clean and free of contamination. Individuals growing or propagating plants in only a hothouse or greenhouse should select a greenhouse nursery license. The method of processing this application is the same as for PPQ Form 526 above. Testing laboratories must obtain and maintain ISO/IEC 17025 accreditation. Plants and seeds for planting pose a significant risk to U.S. agriculture and natural resources because they can carry insect pests and pathogens. An official website of the United States government If you're selling a few plants to neighbors occasionally, you'll likely be fine without licenses and permits. Think soil, fertilizer, growing medium, and grow lights. If you ship to other states, California wants to inspect your shipments. Local and county health agencies . This permit will require the laboratory to undergo a facility site inspection by CDFA technical staff prior to issuance of a permit. USDA then completes the application process. You only need a license to sell "woodies" (trees, shrubs.) 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. Please contact our Customer Service Center for assistance at 1-800-400-7115 (CRS:711). Visit our Limited Access Code Removal page for scheduled removal dates and instructions on how to Sign Up Now for a username and password. Seeds and bulbs. Your state or county agricultural department should be able to provide you with guidance on selling produce from home safely. Essentially, if you can grow it and it's green, it qualifies. Form 66-026L - Application for Permit to Process Non-regulatory Samples for HLB Testing. 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. I understand the necessity for regulations on importing live plants due to pests, disease, etc. endstream endobj startxref The canopy is the area where mature (flowering) plants are grown. 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 application requires identifying where you grow your food and identifying the food you intend to sell. My problem is that I can't seem to comprehend the rules and regulations. Often the business licensing department of a city or county can assist you, too. The sale of nursery stock without a valid license is a violation of California Food and Agricultural Code 6721. Do I still need a license? 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. hYo\GJ=h+h-/}ohZ% 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. Make sure you have a website and a Google My Business page so that local residents can find you. you do not need to pay the acreage Online Services Limited Access Codes are going away. endstream endobj startxref If you have problems with a form, contact us at (916) 654-1017. 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. 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. Failure to comply with these time periods may be appealed to the Director of Food and Agriculture, 1220 N Street, P.O. Home decor. 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)? 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. An individual wishing to move viral, bacterial or fungal organisms within the state. Seeds with Additional Requirements 67 0 obj <> endobj Alert from California Department of Tax and Fee Administration. This application is for California non-regulatory Diagnostic Laboratory testing [Asian Citrus Psyllid (ACP) Tissue and Citrus Plant Tissue] for Huanglongbing (HLB). Growing cannabis for profit is a different story. The plant materials are permitted entry only under strict conditions. 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 sell more than $500,000 worth of produce a year, FDA regulations might apply too. .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). The law allows those over the age of 18 to grow up to 12 plants in their home for personal use. Citrus License and Bond Citrus Citrus License and Bond FreshNet Movement and Accuracy Live Chat Contact Us 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. 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 To be able to legally sell plants, one must first be aware of the requirements that must be met. Please note: This publication summarizes the law and applicable regulations in effect when the publication was written, as noted above. Federal government websites always use a .gov or .mil domain. A License to Sell Nursery Stock is required for any person who sells plants for planting, propagation, or ornamentation in California. If it's temporary or smaller than 120 square feet, you don't need a building permit. If you deliver your own produce to customers or have them pick it up from you, no license is needed to sell fruits and vegetables. He lives in Durham NC with his awesome wife and two wonderful dogs. Keep It Legal? This license will allow you to sell plants that are grown in California. In order to operate legally, you will need to obtain both an annual cannabis retailer license and a seller's permit in CA. Make deliveries to local restaurants? The sale of nursery stock without a valid license is a violation of California Food and Agricultural Code 6721. If you have a green thumb, you may see gardening as a mere hobby. But that yard full of beautiful plants can actually turn into a business, especially if you have extra space in your backyard. Sometimes people incorrectly refer to a seller's permit as a resale number or resale permit. 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 Generally, the cost of the permit ranges from $50 to $100. 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. 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). You can follow standard pricing models for pricing most goods for online sale. 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. hbbd```b``"OH&v"d$3d7> &'M &]AlN Yb3H[`ud(M&(I}p6cf=L,`* e`bd`zqP?0 . There is no charge for a seller's permit. 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. Lawyers: Growing Your Own Food? This Beginning April 1, 2019, has total combined sales of tangible personal property for delivery in California by you and all persons related to you that exceed $500,000 during the preceding or current calendar year. A product is a cosmetic if it is intended for uses such as cleansing the human body, making a person more attractive, or changing a person's appearance. His website is frasersherman.com. Each state has different rules, so it's important to check your state's requirements. If you establish yourself as a reliable nursery selling top-quality products, youll likely find you have more referrals than you can handle. 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 License to Sell Nursery Stock is required for any person who sells plants for planting, propagation, or ornamentation in California. If you sell to local retailers or restaurants, your town or county may require you to take out a business license. You have to understand that laws and . Telephone: (916) 654-1017 micro greens, sprouts). Certain businesses are required to obtain permits from the California Department of Consumer Affairs and state and local environmental agencies. Add a profit margin (consider the overall market). I'm not interested in paying $300-500 for fees, licenses and permits just to potentially sell $300-500 worth of plants. A laboratory performing diagnostic tests on plant or insect material. Please correct me if that is incorrect. The cultivation license types are: Specialty cottage. 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. 1220 N Street, Room 221Sacramento, CA 95814, Nursery Services 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. It may be that the rules don't allow for a vegetable garden, or at least not one visible from the street. Home and Garden Information Cent University of Maryland Extension. I know. No. 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. Don't allow pets or wild animals to wander into your crops. Whether you have a storefront or not, you will need to submit a $5000 surety bond, payable to the state of California. Fast Filings is not affiliated with any government agency. You must hold a license both from the state as well as the city in which you will be conducting business. I've had many inquiries from people that wish to purchase some of the varieties that I cultivate in my garden. See our Special Notice for more information. Specialty cottage mixed-light tier 1 and 2 - up to 2,500 square feet of . The Type 8 license is for laboratories that test cannabis goods prior to sale at a retailer. The mission of the California Nursery Advisory Board (NAB) is to grow and maintain a strong relationship between CDFA and the nursery industry in order to secure the industry's future. Also, using a website hosted on servers located in California will generally not, by itself, cause a retailer to be engaged in business in California. Generally, if you make three or more sales in a 12-month period, you are required to hold a seller's permit. Our Redding Office will be temporarily closed for renovations from March 6 - April 14. Please contact our Customer Service Center at 1-800-400-7115 (CRS:711) for additional information. A wholesaler is an entity that buys items in bulk and sells the items to resellers as opposed to consumers. When you hold a seller's permit, you must file sales and use tax returns and pay any sales or use tax due on your sales and purchases. Indoor licenses are for cultivators who grow cannabis in a permanent structure using at least 25 watts of artificial light per square foot. Before you take that step, though, check local zoning laws to make sure you're allowed to operate a business in your location. Please note: You should not obtain a seller's permit just to take advantage of the opportunity to issue resale certificates to your suppliers. Selling the plants that you grow is actually quite easy because people love plants. "} d_f@H1fo$#XeBv9db0dw#d.J Xz Q $& & Type P manufacturers can only package and label cannabis products. She has written about business for entrepreneurs and marketing firms since 2011. During its post-entry quarantine period (two years for most plants), the plant material is subject to inspection by California officials. Seems like a lot of foggy grey area to me, so any input or suggestions is greatly appreciated! 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Thank you. If you are not making sales, your permit may be canceled. _____ Annual Lic . Please see Regulation 1595, Occasional Sales Sale of A Business Business Reorganization. FILL-IN FORMS or copies of application forms are available for download below. I do not have fields. You are not required to hold a seller's permit if all your sales are made exclusively in interstate or foreign commerce, and you make no sales in this state. You are engaged in business in this state if you are a retailer that: Offering merchandise for sale over the phone, by mail order, or online will generally not, by itself, cause a retailer to be engaged in business in California. - Ask Extension. 1) Departmental Use Only Lic. Sometimes people incorrectly refer to a seller's permit as a . We are B2B only. A retailer with a computer server located in California on which a website resides may not be required to have a seller's permit unless the retailer has a proprietary interest in the server and the activities at that location otherwise qualify for a seller's permit. We recommend visiting www.businessportal.ca.gov or www.calgold.ca.gov to obtain information about business licenses and other local, state, and federal business permit information. You don't need a permit to sell produce at a Texas farmers market, but if you hand out samples, you have to follow state sanitary requirements. 2k^C;jVWRgdFXON\?w"GaX;^T(/"mf~toMY$wX"@oC?T_}X-';.M czp(9:*~]o`W. %%EOF My question is whether a nursery license is required. In rare instances, CDFA may recommend denial of the application. If you're selling from a farmers market or a roadside stand rather than out of your home, you might be fine. All soil is prohibited entry into the United States unless under a permit. If negligence gives your customers a case of food poisoning, it can hurt your business and land you in legal trouble. You have to work under the supervision of a USDA certifying agent. 661 0 obj <>stream 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. 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. Copyright document 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. Otherwise, you're largely off the federal hook. some folks say 'you don't need a permit' whilst others will advise highly against selling live plants without a nursery license. The most expedient method to submit a license application is via the online ExtraView Database at: 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. 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. License sellers of nursery stock in California. There are two routes to go when reaching out to potential customers for your nursery business. Specialty cottage outdoor - up to 25 mature plants or up to 2,500 square feet of canopy. hbbd```b`` Under certain circumstances, the Director may order that the applicant receive a reimbursement of filing fees. You can register by selecting Register, and then select Register a business activity with CDTFA. 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. If you wish to perform diagnostic tests on plant material, application must be made on Form 66-026. Do you intend to sell across state lines? 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. Make sure there's water for washing and cleaning readily available when you work in the yard. Although some states require a business license, have it in mind that business licenses are more commonly found at the city level. 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. But there are some things youll need to do before you start taking money for your plants. 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. I wish to sell some excess plants, that I start from seed, to offset some of my garden expenses. Type 13 distributors can move cannabis and cannabis products between cultivation, manufacturing or distribution premises. Required Documents Businesses impacted by the pandemic, please visit our COVID-19 page (Versin en Espaol) for information on extensions, tax relief, and more. A storefront retailer has a physical location where cannabis goods are sold. 0 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. I read ebays guidelines. What do I need to know before buying or selling plants online? Lic. Reduced fees are available if you only want to transport the goods you cultivate or manufacture. Selling produce from home is an umbrella concept that covers dozens of different options. Before you plant, find out if your zoning or homeowners association covenants have restrictions on vegetable gardens. The applicant completes the application and submits it to the United States Department of Agriculture (USDA). $342 annual fee beginning January 1, 2022; license expires on December 31 of each year; fee is prorated for businesses started after March 31; penalties apply when not renewed by statutory deadline (FAC 35311). They love to buy them, they love to plant them and they love looking at them. 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 $5,000. 64-029 (Rev. A License to Sell Nursery Stock is required for any person who sells plants for planting, propagation, or ornamentation in California. State of California, DEPARTMENT OF FOOD AND AGRICULTURE NIPM Item # 2.1 . In order to operate legally, you will need to obtain both an annual cannabis retailer license and a sellers permit in CA. You must keep detailed records of your organic farming. The sale of nursery stock without a valid license is a violation of California Food and Agricultural Code 6721. Examples of who should apply for this permit: This permit does not exempt the holder from compliance with state interior quarantines or county ordinances. As a registered seller, you will need to take the time to learn how to properly apply the sales and use tax law in your business operations. West Coast Seeds doesn't sell live plants but it does ship seeds, bulbs, and growing supplies across Canada. 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. BX%b!6Ia!j)6b'B$g Our goal is to provide a good web experience for all visitors. This program also recommends approval or disapproval of applications for Federal permits which are issued by the USDA. You cannot just send plants anywhere. Sales would be to family, friends, and immediate local community. 1220 N Street, Room 210 You must file income tax returns with the California Franchise Tax Board and the U.S. Internal Revenue Service (IRS). Cannabis is legal in California. Organic farming is labor intensive, but the labor for a small backyard plot is less than that for a full-size farm. Application for a Semi-frozen (Soft Serve) Milk Products Plant License for 2022 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. CDTFA is making it easier for those taxpayers and business owners affected by the recent CA storms to get tax relief. Modify your browser's settings to allow Javascript to execute. Maintaining a system of clean, healthy nursery stock is essential to the protection of California's agriculture and environment.