do i need a license to sell plants in california

Seeds and bulbs. There are different types of licenses available, so be sure to check with the Department of Agriculture to see which one is right for your business. After your nursery business is registered, expect to be occasionally inspected to make sure youre in compliance with local laws. Cannabis is legal in California. Lic. Plants with Additional Requirements 1X1 Add a profit margin (consider the overall market). One infestation can wipe out your entire supply, leaving you without a way to make income. 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. Failure to comply with these time periods may be appealed to the Director of Food and Agriculture, 1220 N Street, P.O. A License to Sell Nursery Stock is required for any person who sells plants for planting, propagation, or ornamentation in California. Examples of who should apply for this permit: This permit does not exempt the holder from compliance with state interior quarantines or county ordinances. FAX: (916) 654-1018. hYo\GJ=h+h-/}ohZ% You don't need a license to sell fruits and vegetables grown organically, but you do need to meet USDA standards for organic labeling. Ph: (916) 654-0435 of Agriculture, Conservation and Forestry: Maine Forest Service, HorticultureWeek: Pest & Disease Management Nursery Hygiene. 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. Ph: (916) 403-6715 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. Federal government websites always use a .gov or .mil domain. Texas, for example, doesn't require a permit for a food establishment that sells whole, uncut produce. Will you set up a stand at a farmers market? The method of processing this application is the same as for PPQ Form 526 above. Temporary permits are issued to those whose sales activity will last no longer than 90 days. USDA then completes the application process. Before you take that step, though, check local zoning laws to make sure youre allowed to operate a business in your location. The cultivation license types are: Specialty cottage. In order to operate legally, you will need to obtain both an annual cannabis retailer license and a sellers permit in CA. Information may also be obtained at: www.cdfa.ca.gov/plant/PE/. 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. Fast Filings is exclusively a business to business (B2B) filing service, specializing in filings for businesses of any size. I'm not interested in paying $300-500 for fees, licenses and permits just to potentially sell $300-500 worth of plants. 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. 64-029 (Rev. 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. (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. A License to Sell Nursery Stock is required for any person who sells plants for planting, propagation, or ornamentation in California. Whether you have a storefront or not, you will need to submit a $5000 surety bond, payable to the state of California. (function() { var js = window.document.createElement("script"); js.innerHTML = 'function openshopperapproved(o){var e="Microsoft Internet Explorer"!=navigator.appName? 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. A non-storefront retailer sells cannabis goods to customers only through delivery. The sale of nursery stock without a valid license is a violation of California Food and Agricultural Code 6721. A wholesaler is an entity that buys items in bulk and sells the items to resellers as opposed to consumers. 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. 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 For more information, please see Regulation 1699, Permits, and publication 74, Closing Out Your Account. You may not need a license, but that's not guaranteed. Selling the plants that you grow is actually quite easy because people love plants. 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Type 13 distributors can move cannabis and cannabis products between cultivation, manufacturing or distribution premises. 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. You must also provide information about yourself including your driver license number and social security number (or substitute documents, as explained on the application). Don't allow pets or wild animals to wander into your crops. Your state or county agricultural department should be able to provide you with guidance on selling produce from home safely. 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. 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. You also must keep adequate records that document your sales and purchases. Examples include: Infusion mixes cannabis extract or plant material with other ingredients to make a cannabis product. 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. CDFA: Application for Certified Producer's Certificate, University of California: Selling Locally Grown Produce, Texas Health and Human Services: General FAQs Retail Food Establishments, Texas Health and Human Services: Frequently Asked Questions Farmers Market, Harvard Law School: Cottage Food Laws in the United States. You do not need a nursery license to grow or sell any amount of annuals, fruits, vegetables, most herbs, or cut flowers. Essentially, if you can grow it and it's green, it qualifies. In rare instances, CDFA may recommend denial of the application. The Department of Food and Agriculture has established time periods for the processing of permit applications, in compliance with Government Code Sections 15374-15378. 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. There are two routes to go when reaching out to potential customers for your nursery business. A licensed retailer can sell cannabis seeds and clones to medical marijuana patients and adults over the age of 21. Nursery, Seed, & Cotton Program Local and county health agencies . Thank you. 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. 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. The applicant completes the application and submits it to the United States Department of Agriculture (USDA). This applies even if your sales are made through Internet auction houses or websites that offer online classified advertisements (online advertisers). You can register by selecting Register, and then select Register a business activity with CDTFA. Some counties and cities publish special guides for small businesses, available free or at a low cost. 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 [email protected]. ANY assistance is more greatly appreciated than I can express in words. Talk to your state or county agricultural department about what regulations apply to home produce. 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. There are two options for licensing. He's also run a couple of small businesses of his own. As a nursery owner, your biggest concerns will be disease and pests. FILL-IN FORMS or copies of application forms are available for download below. State of California, DEPARTMENT OF FOOD AND AGRICULTURE NIPM Item # 2.1 . You don't need a license to sell fruits and vegetables grown organically, but you do need to meet USDA standards for organic labeling. For additional information, please see publication 109, Internet Sales, or call our Customer Service Center at 1-800-400-7115 (CRS:711). annual sales of those plants exceed $250, you need a Nursery Grower License. Box 942871, Sacramento, CA 94271-0001, pursuant to regulations set forth in Title 3, California Code of Regulations, Section 301. To sell plants in California, you must first apply for a license from the Department of Food and Agriculture (CDFA) and pay a fee. 1 O`4, 64R^ ?L>JGBR0/'0!r8*3xJM?nNiJuz"/'q9&i Bry4HW+sC7T"54FrN ;Xgc2h-xgEx You can follow standard pricing models for pricing most goods for online sale. 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. Baking fruit pies, pickling vegetables or making preserves could all add to your backyard farm's revenue streams. Pay close attention to these regulations. 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. Please correct me if that is incorrect. To grow organic products, avoid prohibited growing methods, including genetic engineering, ionizing radiation, or sewage sludge. 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. Even if the rules are against you, you may be able to appeal to your HOA board or your local government and secure permission. An individual moving non-exempt insects within the state. Go to your city or county website to learn about rules in your area. Please contact our Customer Service Center at 1-800-400-7115 (CRS:711) for additional information. 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.). Buyer and Seller Responsibilities 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. Here's how you know. Prohibited Plants, What do I need to know before buying or selling seeds online? Generally, the cost of the permit ranges from $50 to $100. 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 . Another question to research before you plant anything is whether the local government and your homeowners association allow backyard mini-farms. Buyer and Seller Responsibilities The application is submitted to USDA and not subject to review by CDFA. Javascript is disabled in this browser. My question is whether a nursery license is required. 0 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. Cultivation licenses If you want to grow cannabis and sell it in California, you will need a cultivation license. Although some states require a business license, have it in mind that business licenses are more commonly found at the city level. Your property may have to undergo a state inspection. You must report and pay sales tax on each taxable sale. Examples include: Mechanical extraction uses pressure, heat or cold to extract cannabinoids instead of using chemicals. hbbd```b``"OH&v"d$3d7> &'M &]AlN Yb3H[`ud(M&(I}p6cf=L,`* e`bd`zqP?0 Information may also be obtained at: www.cdfa.ca.gov/plant/PE/. 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. Each state has different rules, so it's important to check your state's requirements. Make sure you have a website and a Google My Business page so that local residents can find you. Seeds with Additional Requirements However, once you start selling regularly, you'll need to get a business license. I am one of those plant buying, plant loving crazy people. See your browser's documentation for specific instructions. This license will allow you to sell plants that are grown in California. Enjoy. An individual wishing to move viral, bacterial or fungal organisms within the state. Individuals requesting to import restricted plant materials will have their growing grounds inspected by county officials. Youll also be making major decisions as you go. 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 [email protected]. Certain businesses are required to obtain permits from the California Department of Consumer Affairs and state and local environmental agencies. Licenses and permits You'll most likely need licenses and permits for your backyard nursery business. However, your business may be required to register for a use tax account as discussed in the Required Registration to Report Use Tax section. The method of processing this application is the same as for PPQ Form 526 above. You can register by selecting Register, and then select Register a business activity with CDTFA.