They love to buy them, they love to plant them and they love looking at them. Growing cannabis for profit is a different story. If you're growing food in agriculturally zoned, unincorporated areas, you can legally set up a farm stand. 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. Cannabis is legal in California. You can also register in person at any of our offices. 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. 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. Licenses and permits You'll most likely need licenses and permits for your backyard nursery business. 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 There are two options for licensing. * all plants, seedlings, or otherwise considered "nursery stock" would be grown from seed and not intended to be transported out of county or state. Although some states require a business license, have it in mind that business licenses are more commonly found at the city level. I'm not interested in paying $300-500 for fees, licenses and permits just to potentially sell $300-500 worth of plants. Coordinate the nursery regulatory and inspection activities performed by the county agricultural commissioners. 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. One infestation can wipe out your entire supply, leaving you without a way to make income. 1220 N Street, Room 210 Sacramento, California 95814 Provide the agricultural industry with registration and certification services for plant materials. After your nursery business is registered, expect to be occasionally inspected to make sure youre in compliance with local laws. Plants and seeds for planting pose a significant risk to U.S. agriculture and natural resources because they can carry insect pests and pathogens. There are two routes to go when reaching out to potential customers for your nursery business. Organic farming is labor intensive, but the labor for a small backyard plot is less than that for a full-size farm. The method of processing this application is the same as for PPQ Form 526 above. Please complete the following steps. You can ship produce to customers within California without a permit as long as you watch for quarantines banning shipments from pest-infected areas. Sales would be to family, friends, and immediate local community. You may not need a license, but that's not guaranteed. You cannot just send plants anywhere. You can also register in person at any of our offices. If you've been farming for more than three years, your records should cover the previous three years. I do not have fields. Our Redding Office will be temporarily closed for renovations from March 6 - April 14. Pay close attention to these regulations. A License to Sell Nursery Stock is required for any person who sells plants for planting, propagation, or ornamentation in California. When you irrigate, test to confirm the water's not contaminated. 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. Telephone: (916) 654-1017 The cultivation license types are: Specialty cottage. My problem is that I can't seem to comprehend the rules and regulations. Follow the rules yourself. Alert from California Department of Tax and Fee Administration. 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. Required Documents I have all my plants in containers and in a greenhouse. Think soil, fertilizer, growing medium, and grow lights. some folks say 'you don't need a permit' whilst others will advise highly against selling live plants without a nursery license. 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. Buyer and Seller Responsibilities Texas, for example, doesn't require a permit for a food establishment that sells whole, uncut produce. Gross receipts are the total of all receipts from both in-state and out-of-state business operations. 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. Before sharing sensitive information online, make sure youre on a .gov or .mil site by inspecting your browsers address (or location) bar. _____ Temp. You can register by selecting Register, and then select Register a business activity with CDTFA. 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. Maintaining a system of clean, healthy nursery stock is essential to the protection of California's agriculture and environment. 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 Otherwise, you're largely off the federal hook. All soil is prohibited entry into the United States unless under a permit. Please contact our Customer Service Center at 1-800-400-7115 (CRS:711) for additional information. The USDA applications listed below can be downloaded from USDA's Permits and Certification. Nursery Grower A nursery grower is a person who grows, plants, splits or propagates nursery stock (herbaceous and/or woody perennial stock) which is capable of over-wintering in Wisconsin. Here's how you know. The method of processing this application is the same as for PPQ Form 526 above. If you're selling from a farmers market or a roadside stand rather than out of your home, you might be fine. You have to understand that laws and . Examples of who should apply for this permit: This permit does not exempt the holder from compliance with state interior quarantines or county ordinances. Modify your browser's settings to allow Javascript to execute. Sometimes people incorrectly refer to a seller's permit as a . You also must keep adequate records that document your sales and purchases. Go to your city or county website to learn about rules in your area. 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. Whether you have a storefront or not, you will need to submit a $5000 surety bond, payable to the state of California. 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. To be able to legally sell plants, one must first be aware of the requirements that must be met. Community Facebook pages can be a great way to get the word out about what youre selling. Before you take that step, though, check local zoning laws to make sure youre allowed to operate a business in your location. The Type 9 license is for non-storefront, cannabis-delivery businesses, and Type 10 is reserved for retail cannabis locations with a storefront. Cultivation licenses If you want to grow cannabis and sell it in California, you will need a cultivation license. A License to Sell Nursery Stock is required for any person who sells plants for planting, propagation, or ornamentation in California. In order to sell plants in the state of California, you must have a license from the California Department of Agriculture. Some zoning ordinances don't allow home businesses, which is what you're planning to run. 0 A license is also required if selling a food still in soil (e.g. For more information regarding seller's permits, please see publication 73, Your California Seller's Permit. This permit will require the laboratory to undergo a facility site inspection by CDFA technical staff prior to issuance of a permit. Entrepreneur: Is Your Home Zoned For Business? Examples include: Infusion mixes cannabis extract or plant material with other ingredients to make a cannabis product. 1X1 Will you set up a stand at a farmers market? 97 0 obj <>/Encrypt 68 0 R/Filter/FlateDecode/ID[<4026A5A20295E74DB161CFCBCC7EBBF1><293CF596D9072B44A8FDA6857FA28BE9>]/Index[67 86]/Info 66 0 R/Length 127/Prev 979122/Root 69 0 R/Size 153/Type/XRef/W[1 3 1]>>stream Ph: (916) 403-6715 If youre selling a few plants to neighbors occasionally, youll likely be fine without licenses and permits. What do I need to know before buying or selling plants online? My property is zoned for Agricultural use. If negligence gives your customers a case of food poisoning, it can hurt your business and land you in legal trouble. BX%b!6Ia!j)6b'B$g The cost of the permit varies depending on the size of the saguaro cactus and the purpose for which it is being collected. %PDF-1.7 % 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. Others allow them if they don't draw traffic to your neighborhood. Answer these questions to get started: If you engage in interstate commerce, you need to deal with federal regulations. 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. You do not need a nursery license to grow or sell any amount of annuals, fruits, vegetables, most herbs, or cut flowers. Add a profit margin (consider the overall market). Specialty cottage mixed-light tier 1 and 2 - up to 2,500 square feet of . However, youll need to follow a few guidelines, as well as obtain a. 0 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. 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. See our Special Notice for more information. You can follow standard pricing models for pricing most goods for online sale. Can I sell extra vegetable plants that I start from seed? I've had many inquiries from people that wish to purchase some of the varieties that I cultivate in my garden. Email: You may want to do more than sell produce from home. Another option is to market your plants to local landscapers and garden centers, each of whom is generally looking for great deals on healthy plants. An individual wishing to move viral, bacterial or fungal organisms within the state.