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. The program has 30 days to notify an applicant if their application is complete or deficient. When you irrigate, test to confirm the water's not contaminated. Email: nurseryservices@cdfa.ca.gov, Seed Services As a nursery owner, your biggest concerns will be disease and pests. A Type 7, 6 or N license can register all or part of their manufacturing premises as a shared-use facility. Fruit pies, pickles and non-canned jam can only be sold at farmers markets. 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. Yes. 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. Are you planning a small-scale container garden to bring in just a little extra income, or do you want to use most of your backyard to grow produce? 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 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. Think soil, fertilizer, growing medium, and grow lights. Lic. Once you start selling plants, youll need to collect and remit sales tax on every dollar you make. Fast Filings is not affiliated with any government agency. For additional information, see publication 126, Mandatory Use Tax Registration for Service Enterprises. 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. 67 0 obj <> endobj Don't allow pets or wild animals to wander into your crops. The USDA applications listed below can be downloaded from USDA's Permits and Certification. Any customer who obtains cannabis from you must: Anyone looking to open a retail cannabis business will need to have at least one person who can be defined as the owner of the business. 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. 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. you do not need to pay the acreage If you need assistance from the Redding Office team, please call 1-530-224-4729. Be sure of this before you launch your produce business. Individuals growing or propagating plants in only a hothouse or greenhouse should select a greenhouse nursery license. You do not need a nursery license to grow or sell any amount of annuals, fruits, vegetables, most herbs, or cut flowers. What do I need to know before buying or selling plants online? Testing laboratories must obtain and maintain ISO/IEC 17025 accreditation. Do I still need a license? 0 In most states in the United States, you will need a business license from the state to sell your items at flea markets. 601 0 obj <> endobj Organic farming is labor intensive, but the labor for a small backyard plot is less than that for a full-size farm. This permit is for the importation of restricted plant material from foreign countries. The canopy is the area where mature (flowering) plants are grown. Alert from California Department of Tax and Fee Administration. 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. CDTFA is making it easier for those taxpayers and business owners affected by the recent CA storms to get tax relief. 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. Fast Filings is exclusively a business to business (B2B) filing service, specializing in filings for businesses of any size. During the spring and summer months, when residents are working on their landscaping, post photos of your plants with prices. The MISSION of the Nursery Program is to prevent the introduction and spread of agricultural pests through nursery stock and protect agriculture and the consumer against economic losses resulting from the sale of inferior, defective, or pest-infested nursery stock. 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. You'll need a business license. 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. 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. There are different rules for medicinal users and . If negligence gives your customers a case of food poisoning, it can hurt your business and land you in legal trouble. Cultivation licenses If you want to grow cannabis and sell it in California, you will need a cultivation license. Visit our Limited Access Code Removal page for scheduled removal dates and instructions on how to Sign Up Now for a username and password. Enjoy. To find out more information, please contact the Nursery, Seed, & Cotton Program or your local County Agricultural Commissioner. 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. You cannot just send plants anywhere. The conditions of the permit are biologically equivalent to those in the applicable state interior or exterior quarantine. The method of processing this application is the same as for PPQ Form 526 above. Sometimes people incorrectly refer to a seller's permit as a resale number or resale permit. %%EOF Seeds with Additional Requirements A laboratory performing diagnostic tests on plant or insect material. Gross sales would likely be under $1,000 for the year and would be documented for tax purposes. Plant and plant product permits include plants for planting such as nursery stock, small lots of seed, and postentry; plant products such as fruits and vegetable, timber, cotton and cut . Pricing plants to sell online. 3. You also must keep adequate records that document your sales and purchases. First established as an ad hoc committee in 2013, and later codified by Senate Bill 335 (Chapter 234, Statutes of 2017), the NAB advises and makes recommendations to CDFA on matters relating to nurseries and nursery stock. One is to target local residents who simply want plants for their own yards. If you ship to other states, California wants to inspect your shipments. I understand the necessity for regulations on importing live plants due to pests, disease, etc. California residents over the age of 18 pay a $600 licensing fee, while those under the age of 21 pay $500. 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 For instance, in some Maine towns, you cant plant or import currants or gooseberries. 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. Here's how you know. 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. The law allows those over the age of 18 to grow up to 12 plants in their home for personal use. Add a profit margin (consider the overall market). Temporary permits are issued to those whose sales activity will last no longer than 90 days. Depending on the use of the cannabis you sell, you will either be applying for an A-license for adult-use retail or an M-license for medicinal retail. Provide the agricultural industry with registration and certification services for plant materials. Home and Garden Information Cent University of Maryland Extension. Businesses impacted by the pandemic, please visit our COVID-19 page (Versin en Espaol) for information on extensions, tax relief, and more. 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. For more information, please see Regulation 1699, Permits, and publication 74, Closing Out Your Account. The sale of nursery stock without a valid license is a violation of California Food and Agricultural Code 6721. Please contact our Customer Service Center at 1-800-400-7115 (CRS:711) for additional information. of Agriculture, Conservation and Forestry: Maine Forest Service, HorticultureWeek: Pest & Disease Management Nursery Hygiene. You need to be sure the soil can support a nursery. Required Documents The applicant completes the application and submits it to the United States Department of Agriculture (USDA). This program also recommends approval or disapproval of applications for Federal permits which are issued by the USDA. How much do you plan to sell, assuming there are plenty of buyers? FILL-IN FORMS or copies of application forms are available for download below. Sometimes people incorrectly refer to a seller's permit as a . When you register, we will issue you a seller's permit. Email: seedservices@cdfa.ca.gov, Nursery Inspection Procedures Manual (NIPM), Update on Nursery License Renewal and COVID-19, Nursery Stock Registration & Certification Programs Homepage, Citrus Nursery Stock Pest Cleanliness Program Homepage, Best Management Practices Program Homepage, Citrus Nursery Stock Pest Cleanliness Program, Senate Bill 335 (Chapter 234, Statutes of 2017), USDA Animal and Plant Health Inspection Service (APHIS), California Agricultural Commissioners and Sealers Association (CACASA). This 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." Some counties and cities publish special guides for small businesses, available free or at a low cost. Many states try to make selling cottage foods as easy as possible without compromising public health and safety. Plant care products. You must also provide information about yourself including your driver license number and social security number (or substitute documents, as explained on the application). Sales would be to family, friends, and immediate local community. Before you take that step, though, check local zoning laws to make sure you're allowed to operate a business in your location. If you're selling a few plants to neighbors occasionally, you'll likely be fine without licenses and permits. There is no charge for a seller's permit. Although some states require a business license, have it in mind that business licenses are more commonly found at the city level. The cost of the permit varies depending on the size of the saguaro cactus and the purpose for which it is being collected. Telephone: (916) 654-1017 The Type 9 license is for non-storefront, cannabis-delivery businesses, and Type 10 is reserved for retail cannabis locations with a storefront. All soil is prohibited entry into the United States unless under a permit. California, for example, only requires a permit to sell nursery stock (outdoor plants) and seeds, but Florida requires a license for any plant sales. 1220 N Street, Room 221Sacramento, CA 95814, Nursery Services Whether you have a storefront or not, you will need to submit a $5000 surety bond, payable to the state of California. 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. 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'm not interested in paying $300-500 for fees, licenses and permits just to potentially sell $300-500 worth of plants. This application is for California non-regulatory Diagnostic Laboratory testing [Asian Citrus Psyllid (ACP) Tissue and Citrus Plant Tissue] for Huanglongbing (HLB). My problem is that I can't seem to comprehend the rules and regulations. Note: An applicant signature is required. In rare instances, CDFA may recommend denial of the application. During its post-entry quarantine period (two years for most plants), the plant material is subject to inspection by California officials. I wish to sell some excess plants, that I start from seed, to offset some of my garden expenses. You may want to do more than sell produce from home. 97 0 obj <>/Encrypt 68 0 R/Filter/FlateDecode/ID[<4026A5A20295E74DB161CFCBCC7EBBF1><293CF596D9072B44A8FDA6857FA28BE9>]/Index[67 86]/Info 66 0 R/Length 127/Prev 979122/Root 69 0 R/Size 153/Type/XRef/W[1 3 1]>>stream Information may also be obtained at: www.cdfa.ca.gov/plant/PE/. There are two routes to go when reaching out to potential customers for your nursery business. Texas, for example, doesn't require a permit for a food establishment that sells whole, uncut produce. But that yard full of beautiful plants can actually turn into a business, especially if you have extra space in your backyard. 64-029 (Rev. Buyer and Seller Responsibilities 2k^C;jVWRgdFXON\?w"GaX;^T(/"mf~toMY$wX"@oC?T_}X-';.M czp(9:*~]o`W. You must keep detailed records of your organic farming. My question is whether a nursery license is required. You can register by selecting Register, and then select Register a business activity with CDTFA. 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. 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. 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. hYo\GJ=h+h-/}ohZ% If you will do more than one activity, you may need more than one license. No. It is important to note that the permitting process often takes several weeks, so applicants should plan accordingly. 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)? Please note: This publication summarizes the law and applicable regulations in effect when the publication was written, as noted above. Email: You don't need a license to sell fruits and vegetables grown organically, but you do need to meet USDA standards for organic labeling. endstream endobj startxref I'm not interested in paying $300-500 for fees, licenses and permits just to potentially sell $300-500 worth of plants. Sales would be income, but you know about tax issues. However, depending on your type of business and expected taxable sales, we may ask you for a security deposit. Buyer and Seller Responsibilities Nursery, Seed, & Cotton Program The purpose of the permit conditions are to ensure the capability of private laboratories, without Certification by the U.S. Department of Agriculture's National Plant Pathogen Laboratory Accreditation Program (NPPLAP), to make accurate diagnostic determinations of all Suspect Positive Samples processed by them, and to enable replication and confirmation of these determinations by the CDFA. Our goal is to provide a good web experience for all visitors. Further Notes: You can also register in person at any of our offices. Under certain circumstances, the Director may order that the applicant receive a reimbursement of filing fees. You can also register in person at any of our offices. Not purchase more than 28.5 grams of unconcentrated cannabis, Not purchase more than 8 grams of concentrated cannabis, Have an aggregate ownership interest of 20% or more, Be the CEO of a non-profit or other entity, Be a person who participates in the running of the business or who manages the business owner. 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. Your state or county agricultural department should be able to provide you with guidance on selling produce from home safely. _____ Annual Lic . 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. 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. This application is for the importation of soil from foreign countries. Permits and Regulations Permits and Regulations Program Questions concerning bringing houseplants, fruits, or vegetables into California, must be directed to our Pest Exclusion Branch at (916) 654-0312 or peinfo@cdfa.ca.gov. Permaculture Portal: Start a Permaculture Nursery, Fundera: The Best State-by-State Guide to Business Licenses and Permits, Maine Dept. Selling produce from home is an umbrella concept that covers dozens of different options. The application requires identifying where you grow your food and identifying the food you intend to sell. License sellers of nursery stock in California. 1. You only need a license to sell "woodies" (trees, shrubs.) * all plants, seedlings, or otherwise considered "nursery stock" would be grown from seed and not intended to be transported out of county or state. These items can also be sold in tandem with live plants and work well with an upsell strategy. Follow the rules yourself. Plants and seeds for planting pose a significant risk to U.S. agriculture and natural resources because they can carry insect pests and pathogens. .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). 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 $500,000 during the preceding or current calendar year. Our Redding Office will be temporarily closed for renovations from March 6 - April 14. For a listing of the special tax and fee programs the CDTFA administers, please see our Special Taxes and Fees page. Failure to comply with these time periods may be appealed to the Director of Food and Agriculture, 1220 N Street, P.O. As a registered seller, you will need to take the time to learn how to properly apply the sales and use tax law in your business operations. This application is for the importation of plant material from foreign countries which would otherwise be prohibited entry into the United States. A seller's permit is a state license that allows you to sell items at the wholesale or retail level and to issue resale certificates to suppliers. He's also run a couple of small businesses of his own. - Ask Extension. At the time you make the sale, you may collect from your customer an amount equal to the tax you will owe. You can grow farm produce in most parts of the state without a state permit. You are not required to hold a seller's permit if all your sales are made exclusively in interstate or foreign commerce, and you make no sales in this state. Prohibited Plants, What do I need to know before buying or selling seeds online? Permits are required for the importation into the U.S. and transit through the U.S. of regulated plants and plant products for consumption or propagation. Javascript is disabled in this browser. Others allow them if they don't draw traffic to your neighborhood. Official website of the State of California State of California. y\}L2$va-Q xPl Your property may have to undergo a state inspection. California Department of Tax and Fee Administration. Reduced fees are available if you only want to transport the goods you cultivate or manufacture. However, youll need to follow a few guidelines, as well as obtain a. some folks say 'you don't need a permit' whilst others will advise highly against selling live plants without a nursery license. 1. After your nursery business is registered, expect to be occasionally inspected to make sure youre in compliance with local laws. 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. If you purchased your business, you'll need to provide the previous owner's name and seller's permit number. 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. 1220 N Street, Room 210 Sacramento, California 95814 Will you set up a stand at a farmers market? HOAs may have rules and regulations for garden design, so research those too. Modify your browser's settings to allow Javascript to execute. You must file income tax returns with the California Franchise Tax Board and the U.S. Internal Revenue Service (IRS). Often the business licensing department of a city or county can assist you, too. Even if the rules are against you, you may be able to appeal to your HOA board or your local government and secure permission. You can register by selecting Register, and then select Register a business activity with CDTFA. 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. This application is for laboratories performing analytical testing of plant materials such as testing for pesticide residues or performing nutrient analyses. Storefront retailers can also deliver cannabis goods. Whether you have a storefront or not, you will need to submit a $5000 surety bond, payable to the state of California. Upon completion of their review, California agricultural officials may make recommendations to USDA such as adding conditions to the permit. Animal and Plant Health Inspection Service, Buying and Selling Plants and Seeds Online, Agricultural Commodity Import Requirements (ACIR). Even if you sell less, you can't use the familiar organic label unless you're certified. Individuals requesting to import restricted plant materials will have their growing grounds inspected by county officials. As a backyard farmer, you may be well situated to grow and sell organic produce. I am not the type to commit to something without this level of uncertainty - I am not trying to get fined, jailed, or penalized for not following the appropriate guidelines and authoritative channels. Certain businesses are required to obtain permits from the California Department of Consumer Affairs and state and local environmental agencies. The https:// means all transmitted data is encrypted in other words, any information or browsing history that you provide is transmitted securely. It is a misdemeanor to issue a resale certificate if, at the time of purchase, you do not intend to resell the merchandise.