do i need a license to sell plants in california

Youll also be making major decisions as you go. 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. FAX: (916) 654-1018. These items can also be sold in tandem with live plants and work well with an upsell strategy. 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. 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. 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. Visit our Limited Access Code Removal page for scheduled removal dates and instructions on how to Sign Up Now for a username and password. 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. She has written about business for entrepreneurs and marketing firms since 2011. 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: 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? Can I sell extra vegetable plants that I start from seed? #385152 Do you intend to sell across state lines? (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. Obtaining a Seller's Permit - California Nursery, Seed, & Cotton Program How To Get A Business License In California (2023 Guide) USDA notifies CDFA of the application and provides a copy for review. What Licenses Do You Need to Sell Produce From Home? Growing cannabis for profit is a different story. Telephone: (916) 654-1017 If you're selling produce from home in volumes greater than $5,000 a year, you have to complete the USDA certification process. 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. Coordinate the nursery regulatory and inspection activities performed by the county agricultural commissioners. However, changes in the law or in regulations may have occurred since that time. Whether you have a storefront or not, you will need to submit a $5000 surety bond, payable to the state of California. Form 66-026L - Application for Permit to Process Non-regulatory Samples for HLB Testing. If you wish to perform diagnostic tests on plant material, application must be made on Form 66-026. .querySelector('.js-cagov-current-year') some folks say 'you don't need a permit' whilst others will advise highly against selling live plants without a nursery license. Texas, for example, doesn't require a permit for a food establishment that sells whole, uncut produce. Your state or county agricultural department should be able to provide you with guidance on selling produce from home safely. %PDF-1.7 % . The Ultimate Guide To Selling Plants Online (2022) - Shopify Buyer and Seller Responsibilities You can register by selecting Register, and then select Register a business activity with CDTFA. All soil is prohibited entry into the United States unless under a permit. The Pros And Cons Of Renting Your Warehouse To A Cannabis Company People and businesses that buy or sell plants and seeds for planting from another country through an e-commerce site must comply with all applicable U.S. import requirements, including obtaining an import permit from APHIS, obtaining a phytosanitary certificate from the national plant protection organization of the country of origin, properly labeling and shipping the plants and seed, and meeting unique requirements for certain plant species and seed types. There are two options for licensing. You have to work under the supervision of a USDA certifying agent. 2k^C;jVWRgdFXON\?w"GaX;^T(/"mf~toMY$wX"@oC?T_}X-';.M czp(9:*~]o`W. 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. Modify your browser's settings to allow Javascript to execute. Individuals requesting to import restricted plant materials will have their growing grounds inspected by county officials. Ph: (916) 403-6715 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. Yes. Before you take that step, though, check local zoning laws to make sure you're allowed to operate a business in your location. The canopy is the area where mature (flowering) plants are grown. Don't allow pets or wild animals to wander into your crops. .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 method of processing this application is the same as for PPQ Form 526 above. You can use an interim testing license while you work on your accreditation. USDA then completes the application process. Seems like a lot of foggy grey area to me, so any input or suggestions is greatly appreciated! Plants and seeds for planting pose a significant risk to U.S. agriculture and natural resources because they can carry insect pests and pathogens. However, once you start selling regularly, youll need to get a business license. Think soil, fertilizer, growing medium, and grow lights. You must file income tax returns with the California Franchise Tax Board and the U.S. Internal Revenue Service (IRS). 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. CDFA - Plant Health - Nursery Services - California Department of Food To sell plants in California, you must first apply for a license from the Department of Food and Agriculture (CDFA) and pay a fee. 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. 2 / 2. 0 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. For additional information, see publication 126, Mandatory Use Tax Registration for Service Enterprises. This application is for California non-regulatory Diagnostic Laboratory testing [Asian Citrus Psyllid (ACP) Tissue and Citrus Plant Tissue] for Huanglongbing (HLB). 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. You will, however, need a marijuana growing license to grow for profit. When you register, we will issue you a seller's permit. Some homeowners association covenants also restrict home businesses. 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). The Ultimate Guide to Selling Plants Online - Shopify Philippines If you purchased your business, you'll need to provide the previous owner's name and seller's permit number. - Ask Extension. 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. 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. Are you going to market your fruit as organic, local or naturally grown? 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. 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 . Others allow them if they don't draw traffic to your neighborhood. At the time you make the sale, you may collect from your customer an amount equal to the tax you will owe. The law allows those over the age of 18 to grow up to 12 plants in their home for personal use. 152 0 obj <>stream 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. 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. 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. Email: nurseryservices@cdfa.ca.gov, Seed Services Illinois allows you to sell canned fruit jams, jellies and butters, but no other canned goods. Selling, however, may require paperwork, depending on how you're connecting with your customers. Organic farming is labor intensive, but the labor for a small backyard plot is less than that for a full-size farm. Prohibited Plants, What do I need to know before buying or selling seeds online? You cannot just send plants anywhere. 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. 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. Gross sales would likely be under $1,000 for the year and would be documented for tax purposes. The Department of Food and Agriculture has established time periods for the processing of permit applications, in compliance with Government Code Sections 15374-15378. Here's how you know. Plant care products. Some zoning ordinances don't allow home businesses, which is what you're planning to run. She worked for the State of Tennessee for 19 years, the latter six of which were spent as a supervisor. Citrus License and Bond Citrus Citrus License and Bond FreshNet Movement and Accuracy Live Chat Contact Us Information may also be obtained at: www.cdfa.ca.gov/plant/PE/. If you've been farming for more than three years, your records should cover the previous three years. Add a profit margin (consider the overall market). You don't need a license to sell fruits and vegetables grown organically, but you do need to meet USDA standards for organic labeling. A Type 7, 6 or N license can register all or part of their manufacturing premises as a shared-use facility. Email: Local and county health agencies . If I do need a license, how do I list my "acreage" on the form when I do not actually have acreage? Testing laboratories must obtain and maintain ISO/IEC 17025 accreditation. Generally, the cost of the permit ranges from $50 to $100. How To Get A License To Sell Perennials - SC Garden Guru permits@cdfa.ca.gov Make deliveries to local restaurants? 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. Follow the rules yourself. Failure to comply with these time periods may be appealed to the Director of Food and Agriculture, 1220 N Street, P.O. Instead, we are a private B2B filing company that offers services to prepare and and/or assist in filing forms and documents. When you irrigate, test to confirm the water's not contaminated. How much do you plan to sell, assuming there are plenty of buyers? Cultivation - Department of Cannabis Control 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. You need to be sure the soil can support a nursery. Please correct me if that is incorrect. Train any employees you have in hygiene, food safety and hand-washing. Specialty cottage indoor - up to 500 square feet of canopy. The applicant completes the application and submits it to the United States Department of Agriculture (USDA). During the spring and summer months, when residents are working on their landscaping, post photos of your plants with prices. CDTFA is making it easier for those taxpayers and business owners affected by the recent CA storms to get tax relief. Under certain circumstances, the Director may order that the applicant receive a reimbursement of filing fees. Note: An applicant signature is required. In most states in the United States, you will need a business license from the state to sell your items at flea markets. Sacramento, California 95814 PDF What you Need to Know to Sell Seed in California You do not need a nursery license to grow or sell any amount of annuals, fruits, vegetables, most herbs, or cut flowers. Talk to your state or county agricultural department about what regulations apply to home produce. 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. Generally, if you make three or more sales in a 12-month period, you are required to hold a seller's permit. You must hold a license both from the state as well as the city in which you will be conducting business. 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. There are two routes to go when reaching out to potential customers for your nursery business. The method of processing this application is the same as for PPQ Form 526 above. You don't need a license to sell fruits and vegetables grown organically, but you do need to meet USDA standards for organic labeling. 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. If you will do more than one activity, you may need more than one license. hYo\GJ=h+h-/}ohZ% You can grow farm produce in most parts of the state without a state 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. If it's temporary or smaller than 120 square feet, you don't need a building permit.