If you are not making sales, your permit may be canceled. USDA notifies CDFA of the application and provides a copy for review. The most expedient method to submit a license application is via the online ExtraView Database at: 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. Nursery stock is the highest risk pathway for the movement of plant pests worldwide. Buyer and Seller Responsibilities The state and federal governments have additional requirements for businesses. You can also register in person at any of our offices. The sale of nursery stock without a valid license is a violation of California Food and Agricultural Code 6721. Citrus License and Bond Citrus Citrus License and Bond FreshNet Movement and Accuracy Live Chat Contact Us Florida doesn't allow canned foods, but you can sell jams, jellies and fruit pies. 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. Sales would be to family, friends, and immediate local community. 1. 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. of Agriculture, Conservation and Forestry: Maine Forest Service, HorticultureWeek: Pest & Disease Management Nursery Hygiene. Don't allow pets or wild animals to wander into your crops. Gross sales would likely be under $1,000 for the year and would be documented for tax purposes. 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: Home-Based Business. 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. Please complete the following steps. Whether you have a storefront or not, you will need to submit a $5000 surety bond, payable to the state of California. you do not need to pay the acreage To find out more information, please contact the Nursery, Seed, & Cotton Program or your local County Agricultural Commissioner. 1220 N Street, Room 210 Sacramento, California 95814 To be able to legally sell plants, one must first be aware of the requirements that must be met. Each state has different rules, so it's important to check your state's requirements. Make deliveries to local restaurants? Even if you sell less, you can't use the familiar organic label unless you're certified. _____ Temp. You can register by selecting Register, and then select Register a business activity with CDTFA. 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. 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. Entrepreneur: Is Your Home Zoned For Business? Sales would be income, but you know about tax issues. _____ Annual Lic . If youre ready to start selling cannabis but still dont have your CA sellers permit, youll be happy to know that you can get it fast when you use. If you have a green thumb, you may see gardening as a mere hobby. You can ship produce to customers within California without a permit as long as you watch for quarantines banning shipments from pest-infected areas. I read ebays guidelines. 2 / 2. 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. 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. ANY assistance is more greatly appreciated than I can express in words. You'll need a business license. 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. This application is for the movement of live plant pests within California, including within counties, and is for entities who want to do diagnostics or work with plant pests. Type 13 distributors can move cannabis and cannabis products between cultivation, manufacturing or distribution premises. 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. If you need assistance from the Redding Office team, please call 1-530-224-4729. 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. There are different rules for medicinal users and . The Small Business Administration has a business plan tool that walks you through the steps of putting everything in writing. You can grow farm produce in most parts of the state without a state permit. Javascript is disabled in this browser. However, depending on your type of business and expected taxable sales, we may ask you for a security deposit. For a listing of the special tax and fee programs the CDTFA administers, please see our Special Taxes and Fees page. Alert from California Department of Tax and Fee Administration. Prohibited Plants, What do I need to know before buying or selling seeds online? 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. 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. Seeds with Additional Requirements State of California, DEPARTMENT OF FOOD AND AGRICULTURE NIPM Item # 2.1 . 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. This application is for the importation of plant material from foreign countries which would otherwise be prohibited entry into the United States. Yes. If negligence gives your customers a case of food poisoning, it can hurt your business and land you in legal trouble. I'm not interested in paying $300-500 for fees, licenses and permits just to potentially sell $300-500 worth of plants. 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. Ph: (916) 403-6715 Failure to comply with these time periods may be appealed to the Director of Food and Agriculture, 1220 N Street, P.O. 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. 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 $500,000 during the preceding or current calendar year. The canopy is the area where mature (flowering) plants are grown. some folks say 'you don't need a permit' whilst others will advise highly against selling live plants without a nursery license. I do not have fields. y\}L2$va-Q xPl All of the above? Massachusetts allows any non-potentially hazardous food. Here are some examples of products . The Type 8 license is for laboratories that test cannabis goods prior to sale at a retailer. Application for a Semi-frozen (Soft Serve) Milk Products Plant License for 2022 If you purchased your business, you'll need to provide the previous owner's name and seller's permit number. Maintaining a system of clean, healthy nursery stock is essential to the protection of California's agriculture and environment. You don't, however, need a nursery business license in some states if you plan to sell cut Christmas trees, annual plants, tropical plants, cut flowers, field crop seed, vegetable seed, flower seed, or tubers. The method of processing this application is the same as for PPQ Form 526 above. nursery stock sales locations. You may find these and all our publications under Forms & Pubs. If you sell more than $500,000 worth of produce a year, FDA regulations might apply too. Nursery, Seed, & Cotton Program .querySelector('.js-cagov-current-year') %%EOF The cost of the permit varies depending on the size of the saguaro cactus and the purpose for which it is being collected. Fruit pies, pickles and non-canned jam can only be sold at farmers markets. Make sure you always have business cards on hand and network with local hardware stores and other small businesses. 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. USDA then completes the application process. Sacramento, California 95814 Often the business licensing department of a city or county can assist you, too. 0 I've had many inquiries from people that wish to purchase some of the varieties that I cultivate in my garden. 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. Alabama allows you to sell baked goods and canned jam directly to consumers. This permit application is for the importation of live plant pests from within the United States and from foreign countries. 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. A "qualified purchaser" includes businesses with at least $100,000 in annual gross receipts from business operations. In order to sell plants in the state of California, you must have a license from the California Department of Agriculture. We are B2B only. The method of processing this application is the same as for PPQ Form 526 above. If you're selling produce from home in volumes greater than $5,000 a year, you have to complete the USDA certification process. Modify your browser's settings to allow Javascript to execute. This permit will require the laboratory to undergo a facility site inspection by CDFA technical staff prior to issuance of a permit. 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. You also need to make sure you have access to a good water supply, as your plants will need a lot of it. This 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Community Facebook pages can be a great way to get the word out about what youre selling. You don't need a license to sell fruits and vegetables grown organically, but you do need to meet USDA standards for organic labeling. You must notify the CDTFA if you intend to sell or close your business. 601 0 obj <> endobj If you are engaged in the wholesale business, then you must obtain a wholesale license, which in California is called a "seller's permit." Part 1 Identifying Your Need for the Seller's Permit 1 Understand a seller's permit. 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. West Coast Seeds doesn't sell live plants but it does ship seeds, bulbs, and growing supplies across Canada. A small nursery can be one of the easiest businesses to start, allowing you to begin slowly with a few items at a time. 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. Note: An applicant signature is required. 1. Before sharing sensitive information online, make sure youre on a .gov or .mil site by inspecting your browsers address (or location) bar. You may want to do more than sell produce from home. 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. 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. Under certain circumstances, the Director may order that the applicant receive a reimbursement of filing fees. The canopy is the area where mature (flowering) plants are grown. Visit our State of Emergency Tax Relief page for more information. Indoor licenses are for cultivators who grow cannabis in a permanent structure using at least 25 watts of artificial light per square foot. If it's temporary or smaller than 120 square feet, you don't need a building permit. Examples of who should apply for this permit: This permit does not exempt the holder from compliance with state interior quarantines or county ordinances. In addition to registering for a seller's permit, you may need to register for one of the other taxes and fees we administer. My problem is that I can't seem to comprehend the rules and regulations. The applicant completes the application and submits it to the United States Department of Agriculture (USDA). You may not need a license, but that's not guaranteed. 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. These items can also be sold in tandem with live plants and work well with an upsell strategy. 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. When you register, we will issue you a seller's permit. During its post-entry quarantine period (two years for most plants), the plant material is subject to inspection by California officials. Fast Filings is exclusively a business to business (B2B) filing service, specializing in filings for businesses of any size. My question is whether a nursery license is required. I understand the necessity for regulations on importing live plants due to pests, disease, etc. FILL-IN FORMS or copies of application forms are available for download below. Box 942871, Sacramento, CA 94271-0001, pursuant to regulations set forth in Title 3, California Code of Regulations, Section 301. Before you take that step, though, check local zoning laws to make sure youre allowed to operate a business in your location. micro greens, sprouts). 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. 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. If you're growing food in agriculturally zoned, unincorporated areas, you can legally set up a farm stand. As a nursery owner, your biggest concerns will be disease and pests. How do I know this? Instead, we are a private B2B filing company that offers services to prepare and and/or assist in filing forms and documents. 0 Please note: You should not obtain a seller's permit just to take advantage of the opportunity to issue resale certificates to your suppliers. This applies even if your sales are made through Internet auction houses or websites that offer online classified advertisements (online advertisers). 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. 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. 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. Many states try to make selling cottage foods as easy as possible without compromising public health and safety. Telephone: (916) 654-1017 Every successful business starts with a plan. You must hold a license both from the state as well as the city in which you will be conducting business. 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.). 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." (function() { var js = window.document.createElement("script"); js.innerHTML = 'function openshopperapproved(o){var e="Microsoft Internet Explorer"!=navigator.appName? Sometimes people incorrectly refer to a seller's permit as a resale number or resale permit. Another question to research before you plant anything is whether the local government and your homeowners association allow backyard mini-farms. .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). 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. Other states have different rules. If youre selling a few plants to neighbors occasionally, youll likely be fine without licenses and permits. 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. Businesses impacted by the pandemic, please visit our COVID-19 page (Versin en Espaol) for information on extensions, tax relief, and more. An individual wishing to move viral, bacterial or fungal organisms within the state. 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. The cultivation license types are: Specialty cottage. Otherwise, you're largely off the federal hook. You must keep detailed records of your organic farming. My property is zoned for Agricultural use. Generally, if you make three or more sales in a 12-month period, you are required to hold a seller's permit. He lives in Durham NC with his awesome wife and two wonderful dogs. Seeds can also be mixed with noxious weed seeds. 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. A storefront retailer has a physical location where cannabis goods are sold. The Department of Cannabis Control (DCC) issues licenses based on the type of cannabis activity that your business will perform. Storefront retailers can also deliver cannabis goods. If you make sales of a temporary nature such as Christmas tree sales or sales of fireworks, you may apply for a temporary seller's permit. 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. 1) Departmental Use Only Lic. 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. 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. Some homeowners association covenants also restrict home businesses. Required Documents This application is for California non-regulatory Diagnostic Laboratory testing [Asian Citrus Psyllid (ACP) Tissue and Citrus Plant Tissue] for Huanglongbing (HLB). Home decor. The Type 9 license is for non-storefront, cannabis-delivery businesses, and Type 10 is reserved for retail cannabis locations with a storefront. Some counties and cities publish special guides for small businesses, available free or at a low cost. Before you plant, find out if your zoning or homeowners association covenants have restrictions on vegetable gardens. 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. 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. 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. I wish to sell some excess plants, that I start from seed, to offset some of my garden expenses. 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. USDA FAQ's and resources about coronavirus (COVID-19). Online Services Limited Access Codes are going away. 1220 N Street, Room 210 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. Train any employees you have in hygiene, food safety and hand-washing. During the spring and summer months, when residents are working on their landscaping, post photos of your plants with prices. Before you take that step, though, check local zoning laws to make sure you're allowed to operate a business in your location. Selling produce from home is an umbrella concept that covers dozens of different options. 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. Email: You can follow standard pricing models for pricing most goods for online sale. The application is submitted to USDA and not subject to review by CDFA. Cultivation licenses If you want to grow cannabis and sell it in California, you will need a cultivation license. As a backyard farmer, you may be well situated to grow and sell organic produce. If you're selling a few plants to neighbors occasionally, you'll likely be fine without licenses and permits. Issuing a resale certificate allows you to buy items you will sell in your business operations without paying amounts for tax to your suppliers. 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. 64-029 (Rev. Do you intend to sell across state lines? I know. California, for example, only requires a permit to sell nursery stock (outdoor plants) and seeds, but Florida requires a license for any plant sales. If you are starting a home-based food business, you will need to understand the regulations of FDA and your state and local health department. An official website of the United States government Please contact our Customer Service Center for assistance at 1-800-400-7115 (CRS:711).