Sell to customers coming by your house or drop off at theirs? If you wish to perform diagnostic tests on plant material, application must be made on Form 66-026. I've had many inquiries from people that wish to purchase some of the varieties that I cultivate in my garden. There are two routes to go when reaching out to potential customers for your nursery business. Please contact our Customer Service Center at 1-800-400-7115 (CRS:711) for additional information. California residents over the age of 18 pay a $600 licensing fee, while those under the age of 21 pay $500. 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 CDTFA is making it easier for those taxpayers and business owners affected by the recent CA storms to get tax relief. If you need assistance from the Redding Office team, please call 1-530-224-4729. Some zoning ordinances don't allow home businesses, which is what you're planning to run. As one example of how state laws and regulations shape what you can do and how you sell it, look at California. Please note: You should not obtain a seller's permit just to take advantage of the opportunity to issue resale certificates to your suppliers. Plant Health Pest Prevention Services Seed Services Program 1220 N Street Sacramento, CA 95814 916-654-0435 seedservices@cdfa.ca.gov Redding District 20203 Charlanne Dr. Redding, CA 96002 530-949-6934 . 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. APPLICATION FOR LICENSE TO SELL NURSERY STOCK New Renewal Previous License#_____ Branch Change of Ownership . 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. 1. 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. If you're growing food in agriculturally zoned, unincorporated areas, you can legally set up a farm stand. 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. Plants with Additional Requirements 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. Texas, for example, doesn't require a permit for a food establishment that sells whole, uncut produce. Alert from California Department of Tax and Fee Administration. You must file income tax returns with the California Franchise Tax Board and the U.S. Internal Revenue Service (IRS). You will need to provide information about your business, including bank account details and estimated income. The method of processing this application is the same as for PPQ Form 526 above. For additional information, see publication 126, Mandatory Use Tax Registration for Service Enterprises. Application for a Semi-frozen (Soft Serve) Milk Products Plant License for 2022 (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 may find these and all our publications under Forms & Pubs. The applicant completes the application and submits it to the United States Department of Agriculture (USDA). This permit application is for the importation of live plant pests from within the United States and from foreign countries. 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: Email: If you sell to local retailers or restaurants, your town or county may require you to take out a business license. 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)? 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." permits@cdfa.ca.gov This application is for California non-regulatory Diagnostic Laboratory testing [Asian Citrus Psyllid (ACP) Tissue and Citrus Plant Tissue] for Huanglongbing (HLB). A "qualified purchaser" includes businesses with at least $100,000 in annual gross receipts from business operations. Examples of who should apply for this permit: This permit does not exempt the holder from compliance with state interior quarantines or county ordinances. Visit our Limited Access Code Removal page for scheduled removal dates and instructions on how to Sign Up Now for a username and password. %PDF-1.6 % For a listing of the special tax and fee programs the CDTFA administers, please see our Special Taxes and Fees page. 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. This application is for laboratories performing analytical testing of plant materials such as testing for pesticide residues or performing nutrient analyses. you do not need to pay the acreage Maintaining a system of clean, healthy nursery stock is essential to the protection of California's agriculture and environment. The .gov means its official. He's also run a couple of small businesses of his own. Modify your browser's settings to allow Javascript to execute. There is no charge for a seller's permit. 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. My property is zoned for Agricultural use. Examples include: Infusion mixes cannabis extract or plant material with other ingredients to make a cannabis product. 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 . Ph: (916) 654-0435 My problem is that I can't seem to comprehend the rules and regulations. Make sure you always have business cards on hand and network with local hardware stores and other small businesses. I'm not interested in paying $300-500 for fees, licenses and permits just to potentially sell $300-500 worth of plants. Reduced fees are available if you only want to transport the goods you cultivate or manufacture. If you need assistance from the Redding Office team, please call 1-530-224-4729. Seems like a lot of foggy grey area to me, so any input or suggestions is greatly appreciated! 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. Answer these questions to get started: If you engage in interstate commerce, you need to deal with federal regulations. This license allows you to sell both wholesale and retail plants. Examples include: Non-volatile solvents are chemicals that do not produce a flammable gas or vapor. .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). Add a profit margin (consider the overall market). What you Need to Know to Sell Seed in California Created Date: 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. The Nursery, Seed, & Cotton Program provides voluntary registration and certification services for the following: avocado, deciduous fruit and nut trees, seed garlic, grapevines, pome fruit trees, and strawberry nursery stock. Visit our State of Emergency Tax Relief page for more information. 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. 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. 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. Please note: This publication summarizes the law and applicable regulations in effect when the publication was written, as noted above. At the time you make the sale, you may collect from your customer an amount equal to the tax you will owe. Specialty cottage indoor - up to 500 square feet of canopy. Type 13 distributors can move cannabis and cannabis products between cultivation, manufacturing or distribution premises. 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. Nursery, Seed, & Cotton Program 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. 661 0 obj <>stream The Type 9 license is for non-storefront, cannabis-delivery businesses, and Type 10 is reserved for retail cannabis locations with a storefront. Making sales of merchandise, goods, or other items in California without first getting a seller's permit violates the law and subjects you to fines and penalties. If you will do more than one activity, you may need more than one license. 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. Whether you need a license to sell fruits and vegetables depends on state law, on where and how you're selling it, and on how much produce people are buying. Train any employees you have in hygiene, food safety and hand-washing. You also need to make sure you have access to a good water supply, as your plants will need a lot of it. The Department of Food and Agriculture has established time periods for the processing of permit applications, in compliance with Government Code Sections 15374-15378. 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. Each year I purchase vegetable, herb, and flower seeds and germinate them myself. 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). Chambers of commerce, economic development organizations, and other business organizations are other good sources of information. This permit will require the laboratory to undergo a facility site inspection by CDFA technical staff prior to issuance of a permit. After your nursery business is registered, expect to be occasionally inspected to make sure youre in compliance with local laws. Other states have different rules. A non-storefront retailer sells cannabis goods to customers only through delivery. In addition to registering for a seller's permit, you may need to register for one of the other taxes and fees we administer. %PDF-1.7 % You can ship produce to customers within California without a permit as long as you watch for quarantines banning shipments from pest-infected areas. Alaska only allows cottage food producers to sell baked goods and candy. The sale of nursery stock without a valid license is a violation of California Food and Agricultural Code 6721. An official website of the United States government I do not have fields. 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. She has written about business for entrepreneurs and marketing firms since 2011. A laboratory performing diagnostic tests on plant or insect material. You can also register in person at any of our offices. 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. Before you take that step, though, check local zoning laws to make sure you're allowed to operate a business in your location. State of California, DEPARTMENT OF FOOD AND AGRICULTURE NIPM Item # 2.1 . You can also register in person at any of our offices. A storefront retailer has a physical location where cannabis goods are sold. Essentially, if you can grow it and it's green, it qualifies. Copyright document Lawyers: Growing Your Own Food? 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. We recommend visiting www.businessportal.ca.gov or www.calgold.ca.gov to obtain information about business licenses and other local, state, and federal business permit information. Although some states require a business license, have it in mind that business licenses are more commonly found at the city level. Many states try to make selling cottage foods as easy as possible without compromising public health and safety. As a nursery owner, your biggest concerns will be disease and pests. 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. Our goal is to provide a good web experience for all visitors. The program has 30 days to notify an applicant if their application is complete or deficient. 1) Departmental Use Only Lic. All of the above? Javascript is disabled in this browser. California, for example, only requires a permit to sell nursery stock (outdoor plants) and seeds, but Florida requires a license for any plant sales. 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. 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. If you use manure as fertilizer, be careful not to contaminate your crops. 67 0 obj <> endobj Generally, the cost of the permit ranges from $50 to $100. However, changes in the law or in regulations may have occurred since that time. Your property may have to undergo a state inspection. I'm not interested in paying $300-500 for fees, licenses and permits just to potentially sell $300-500 worth of plants. 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. If I do need a license, how do I list my "acreage" on the form when I do not actually have acreage? You can grow farm produce in most parts of the state without a state permit. Issuing a resale certificate allows you to buy items you will sell in your business operations without paying amounts for tax to your suppliers. 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. Your state or county agricultural department should be able to provide you with guidance on selling produce from home safely. However, once you start selling regularly, youll need to get a business license. My costs are much, much higher than my anticipated gross sales - I'm simply trying to go about the honest way by understanding the regulations. All soil is prohibited entry into the United States unless under a permit. 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. Even if the rules are against you, you may be able to appeal to your HOA board or your local government and secure permission. 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 How do I know this? Will you set up a stand at a farmers market? You may also have to deal with local ordinances and regulations that restrict where and how you can grow food. Be sure of this before you launch your produce business. If you purchased your business, you'll need to provide the previous owner's name and seller's permit number. Make sure you have a website and a Google My Business page so that local residents can find you. Buyer and Seller Responsibilities 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. A License to Sell Nursery Stock is required for any person who sells plants for planting, propagation, or ornamentation in California. However, depending on your type of business and expected taxable sales, we may ask you for a security deposit. A License to Sell Nursery Stock is required for any person who sells plants for planting, propagation, or ornamentation in California. Here are some examples of products . When you register, we will issue you a seller's permit. The USDA applications listed below can be downloaded from USDA's Permits and Certification. Often the business licensing department of a city or county can assist you, too. Follow the rules yourself. Even if you sell less, you can't use the familiar organic label unless you're certified. Telephone: (916) 654-1017 If you are not making sales, your permit may be canceled. You must have a valid DCC license before performing any commercial cannabis activity, including: When you know what license type you need, DCC has resources to help you learn: Cultivation license types are based on the: Outdoor licenses are for cultivators who grow cannabis outside without using any artificial lighting on mature plants. You must report and pay sales tax on each taxable sale. During its post-entry quarantine period (two years for most plants), the plant material is subject to inspection by California officials. 2 / 2. Please complete the following steps. You must keep detailed records of your organic farming.