do i need a license to sell plants in california

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. 601 0 obj <> endobj It is important to note that the permitting process often takes several weeks, so applicants should plan accordingly. micro greens, sprouts). An individual wishing to move viral, bacterial or fungal organisms within the state. Thank you. 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. Before sharing sensitive information online, make sure youre on a .gov or .mil site by inspecting your browsers address (or location) bar. The state and federal governments have additional requirements for businesses. 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. 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. You can register by selecting Register, and then select Register a business activity with CDTFA. A license is also required if selling a food still in soil (e.g. If you need assistance from the Redding Office team, please call 1-530-224-4729. If you sell to local retailers or restaurants, your town or county may require you to take out a business license. 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. A License to Sell Nursery Stock is required for any person who sells plants for planting, propagation, or ornamentation in California. 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. Are you going to market your fruit as organic, local or naturally grown? Don't allow pets or wild animals to wander into your crops. Type 13 distributors can move cannabis and cannabis products between cultivation, manufacturing or distribution premises. Citrus License and Bond Citrus Citrus License and Bond FreshNet Movement and Accuracy Live Chat Contact Us California, for example, offers suggestions for small farms: Fraser Sherman has written about every aspect of business: how to start one, how to keep one in the black, the best business structure, the details of financial statements. 2k^C;jVWRgdFXON\?w"GaX;^T(/"mf~toMY$wX"@oC?T_}X-';.M czp(9:*~]o`W. But there are some things youll need to do before you start taking money for your plants. 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Texas, for example, doesn't require a permit for a food establishment that sells whole, uncut produce. 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 Add a profit margin (consider the overall market). 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.) Before you take that step, though, check local zoning laws to make sure you're allowed to operate a business in your location. Plants and seeds for planting pose a significant risk to U.S. agriculture and natural resources because they can carry insect pests and pathogens. 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. To be able to legally sell plants, one must first be aware of the requirements that must be met. Make sure you always have business cards on hand and network with local hardware stores and other small businesses. 1220 N Street, Room 210 Ph: (916) 654-0435 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. As a backyard farmer, you may be well situated to grow and sell organic produce. 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 need to be sure the soil can support a nursery. This permit is for the importation of restricted plant material from foreign countries. Best you sell them out of your yard. During the spring and summer months, when residents are working on their landscaping, post photos of your plants with prices. 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. The program has 30 days to notify an applicant if their application is complete or deficient. (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. 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. Another question to research before you plant anything is whether the local government and your homeowners association allow backyard mini-farms. Official website of the State of California State of California. If you have problems with a form, contact us at (916) 654-1017. License sellers of nursery stock in California. Home-Based Business. You can register by selecting Register, and then select Register a business activity with CDTFA. Visit our Limited Access Code Removal page for scheduled removal dates and instructions on how to Sign Up Now for a username and password. 3. 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. Storefront retailers can also deliver cannabis goods. 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. A wholesaler is an entity that buys items in bulk and sells the items to resellers as opposed to consumers. The method of processing this application is the same as for PPQ Form 526 above. Your state or county agricultural department should be able to provide you with guidance on selling produce from home safely. You must also provide information about yourself including your driver license number and social security number (or substitute documents, as explained on the application). Please note: This publication summarizes the law and applicable regulations in effect when the publication was written, as noted above. Information may also be obtained at: www.cdfa.ca.gov/plant/PE/. For additional information, see publication 126, Mandatory Use Tax Registration for Service Enterprises. 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. As one example of how state laws and regulations shape what you can do and how you sell it, look at California. 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. This permit application is for the importation of live plant pests from within the United States and from foreign countries. 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 can use an interim testing license while you work on your accreditation. Required Documents While California does not require or issue a statewide business operating license, this doesn't mean you do not need to have a business license to operate your business in the state of. 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. 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. 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. Keep all the equipment and any storage bins you use clean and free of contamination. You may find these and all our publications under Forms & Pubs. The sale of nursery stock without a valid license is a violation of California Food and Agricultural Code 6721. You don't need a license to sell fruits and vegetables grown organically, but you do need to meet USDA standards for organic labeling. Many states try to make selling cottage foods as easy as possible without compromising public health and safety. 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. This license allows you to sell both wholesale and retail plants. Baking fruit pies, pickling vegetables or making preserves could all add to your backyard farm's revenue streams. Plants with Additional Requirements Coordinate the nursery regulatory and inspection activities performed by the county agricultural commissioners. You can follow standard pricing models for pricing most goods for online sale. 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)? Whether you have a storefront or not, you will need to submit a $5000 surety bond, payable to the state of 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. 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. USDA notifies CDFA of the application and provides a copy for review. This Your property may have to undergo a state inspection. A small nursery can be one of the easiest businesses to start, allowing you to begin slowly with a few items at a time. Please contact our Customer Service Center for assistance at 1-800-400-7115 (CRS:711). Although some states require a business license, have it in mind that business licenses are more commonly found at the city level. FILL-IN FORMS or copies of application forms are available for download below. Individuals requesting to import restricted plant materials will have their growing grounds inspected by county officials. 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. They love to buy them, they love to plant them and they love looking at them. Fruit pies, pickles and non-canned jam can only be sold at farmers markets. 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.

do i need a license to sell plants in california 2023