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Can I sell extra vegetable plants that I start from seed? #385152

Asked February 14, 2017, 3:47 PM EST

Each year I purchase vegetable, herb, and flower seeds and germinate them myself. I've had many inquiries from people that wish to purchase some of the varieties that I cultivate in my garden. 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. 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)? 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. Do I need to apply for a permit and license + inspection to attain Nursery status just to sell a few dozen tomato seedlings and plants? I understand the necessity for regulations on importing live plants due to pests, disease, etc. 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. I wish to sell some excess plants, that I start from seed, to offset some of my garden expenses. 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. My problem is that I can't seem to comprehend the rules and regulations. some folks say 'you don't need a permit' whilst others will advise highly against selling live plants without a nursery license. 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. I'm not interested in paying $300-500 for fees, licenses and permits just to potentially sell $300-500 worth of plants. 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. Please correct me if that is incorrect. ANY assistance is more greatly appreciated than I can express in words. Thank you. Further Notes: * all plants, seedlings, or otherwise considered "nursery stock" would be grown from seed and not intended to be transported out of county or state. Sales would be to family, friends, and immediate local community. My property is zoned for Agricultural use. Gross sales would likely be under $1,000 for the year and would be documented for tax purposes. 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. Seems like a lot of foggy grey area to me, so any input or suggestions is greatly appreciated! Thank you.

Carroll County Maryland

Expert Response

You only need a license to sell "woodies" (trees, shrubs.)  Sales would be income, but you know about tax issues.  Enjoy.

ECN

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