# Is a nursery license worth it?



## jnap31 (Sep 16, 2005)

Thinking of getting one so as to be able to sell brambles and such at the farmers market in the spring "only" $75 here I think, problem is I dont want to have government inspectors on my place.


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## james dilley (Mar 21, 2004)

If you know anyone else who has A license, Can you use theirs instead???


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## mistletoad (Apr 17, 2003)

I'm not sure I understand the question. Do you need a license to sell nursery plants in your state or county? We do, so for us worth it or not we would have to get one if we wanted to sell plants.


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## Marcia in MT (May 11, 2002)

In Montana we need a license to sell plants, but it's only a tax -- no inspection required. One outfit got caught selling without one and there were consequences, though.


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## MaineFarmMom (Dec 29, 2002)

I wouldn't risk selling in the public eye without a license. It's part of doing business. I sign the renewal, write the check and don't have to look over my shoulder every time I sell something. 



> If you know anyone else who has A license, Can you use theirs instead???


If diseased plants slipped through the person holding the license is responsible. I wouldn't let anyone sell under my license.


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## edcopp (Oct 9, 2004)

I am a firm believer in the concept of: Catch Me If You Can.


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## jnap31 (Sep 16, 2005)

edcopp said:


> I am a firm believer in the concept of: Catch Me If You Can.


I know plenty have sold thru this forum with no license and I could also.I dont have diseased plants I just dont want inspectors at my place.Course I hate the thought of another tax also.


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## anniew (Dec 12, 2002)

I understand your not wanting inspectors, but also do you understand if you are caught selling what the repercussions might be. Each state is different, so you need to evaluate what your rules and fines are. However, I've found it easy to get a nursery license here (PA), and the first time they came out and looked at the greenhouse and left a note (I wasn't home) telling me I had a problem and gave me a list of things to remedy it. Free consultation in my book! The second time it was a new inspector and I knew more than he did. Haven't seen anyone since.
Same with sales tax. Easy enough to get a number, then file the quarterly reports via telephone. I have since been moved to a semi annual reporting schedule. I don't think they have any way to monitor or enforce if you aren't paying, but I wouldn't want them to find me without a tax number, because that doesn't take much to prove you were selling one thing and weren't collecting the "states" money.
There are so many people with the nursery license and the sales tax number that I don't think they would/could single you out for anything unless you were growing something illegal. And they may help you with a problem you didn't know you had.


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## Mid Tn Mama (May 11, 2002)

I wish someone in tn could tell me where you look to get one. Is there no difference between someone who sells a million dollars/year in their business and someone who sells $100?


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## MELOC (Sep 26, 2005)

how does paying royalties factor into the business? how is the amount determined and who is it paid to?


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## MaineFarmMom (Dec 29, 2002)

In Maine the fee is based on your retail space. Since I have no retail space my license is only $5.


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## anniew (Dec 12, 2002)

Royalties are generally paid to the wholesaler you bought the material from...nothing to do with nursery license, unless I misunderstood your question.


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## MELOC (Sep 26, 2005)

nothing to do with the license, but it is a part of the business i am curious about. if i were propagating plant material that was subject to royalties, who would i pay and how much?


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## barelahh (Apr 13, 2007)

jnap31 said:


> I know plenty have sold thru this forum with no license and I could also.I dont have diseased plants I just dont want inspectors at my place.Course I hate the thought of another tax also.


Look the ag guy isn't out to get you. He comes out and checks your facilities for disease, pests like fireants, things like that. He looks at your plants to make sure their healthy, and that your controlling pests like whiteflies, powdery mildew and thigns like that. You need a phytocertification if you wish to sell plants over state lines. 

Its not a big deal. They won't come onto your place without an appointment as the Ag guy is a busy man! 
AND he can be your best friend in helping you with problems that you incur as your operation grows.


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## barelahh (Apr 13, 2007)

MELOC said:


> nothing to do with the license, but it is a part of the business i am curious about. if i were propagating plant material that was subject to royalties, who would i pay and how much?


First of all you need permission from the owner of the patent to produce the material and they will setup an account for you.


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## MaineFarmMom (Dec 29, 2002)

barelahh said:


> Look the ag guy isn't out to get you. He comes out and checks your facilities for disease, pests like fireants, things like that. He looks at your plants to make sure their healthy, and that your controlling pests like whiteflies, powdery mildew and thigns like that. You need a phytocertification if you wish to sell plants over state lines.


It's important to understand this. Few people with limited experience can say "no problems" and truly know that. I met people who were surprised to find out they had pests or disease and didn't know. I took a greenhouse business management class five or six years ago. We toured several businesses during the course. Some of the owners were pulled aside to be told they had a problem. Some were in greenhouses and others were in outdoor plants. All of them were selling plants. Our ag dept is understaffed so they hadn't been inspected.


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## jnap31 (Sep 16, 2005)

MaineFarmMom said:


> In Maine the fee is based on your retail space. Since I have no retail space my license is only $5.


Wow !! wish it was $5 in AR.


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## jnap31 (Sep 16, 2005)

MELOC said:


> nothing to do with the license, but it is a part of the business i am curious about. if i were propagating plant material that was subject to royalties, who would i pay and how much?


If they were arapaho,navaho apache thornless blackberries or others it would be the university of AR you would pay usually 20 cents each plant but it varies by variety and older ones require no royalties


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## Hillbillybob (Jul 30, 2007)

Here to sale to the public you need first a tax number and if only selling annuals You don't need anything from the state but if selling any perennials you must have a license.

Something that will get you every time is tomatoes as they are grown as annuals here but are really perennials where they come from to begin with. 

It is best to get the license to be sure. They don't seem to do much but help if they come out. I have had greenhouses for 20 years, never got any fines but sure got a lot of help from our Ag people over the years.

Hillbillybob


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## shadowwalker (Mar 5, 2004)

Mid TN Mama, I live in Lebanon, Tn.You have to have a nursery license if you sell plants to the public. Yuo get frm the Tennessee State Ag. Board, in Nashville. It's cost is $200.00 a year. It dosn't matter how big or how many greenhouses you have. Just a long as your selling plants. They will have a state inspector come to your site and inspect the area and plants. These people are full of information and help. The application is good for December through December of the next year. If you get rootstock, or starter plants out of state, it has to be a approved vendor. Most vendors, if they are approved for out of state shipping, are already approved. It's just a paperwork trail thing.
Oh, I almost for got. Check out what your getting from out of state or selling. We have some very common plants. That I see on web,ebay,box storeds, ect. That are on the invasive list. And if they want. They can make you distroy the entire strain of plants. The inspector can tell you more. I didn't sell plants this year (I just grew for my garden and some friends) and don't have the exact phone number to call. But your local Ag. person can give you the right numbers. I know that people are selling plants at farmers markets, flea markets, ect. But without the license it's ilegal. Hope it helps.


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## Jennifer Brewer (Aug 3, 2005)

I am REALLY interested in this, because I just got on the Wholesaler list for David Austin. In Missouri do you need a nursery license? I'll just be growing them for the farmers market, a few (maybe 10-15) for a local nursery, and some for landscaping jobs I do myself. This will be my first year and I am soooo excited - I'm going to work harder than a cat trying to bury poo in marble! :dance: :dance: :dance: 

Should I look around the Mo ag dept website? Does anyone know the rules for Missouri or where I can find them? Do I need to get an LLC?

Again, I am SOOOO excited! :dance: :dance: :dance:


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## Freya (Dec 3, 2005)

Bumping to find out more info on MO.


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## Marcia in MT (May 11, 2002)

Freya, contact the state's department of agriculture. They will tell you all that they require.


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## Daryll in NW FLA (May 10, 2002)

Here in Florida $25 a year-had mine for ten years now, I've seen the inspector twice-both times at my request.


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## How Do I (Feb 11, 2008)

Freya said:


> Bumping to find out more info on MO.



MO Nursery License Info - MO Plant Laws


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