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selling annuals from home

18 years ago

Does anybody know/understand if it is legal to sell your own plants grown at home? I grow my plants from seed every year and always grow too many! I'd love to have a little plant sale of sorts but definitely don't want to if I'm going to get into legal trouble. Any advice would be appreciated!

Comments (11)

  • 18 years ago

    Why not? A neighbour lady used to have a little sale every year of all the extras that she grew. I think that she used to grow some extras just for that purpose, plus she sold the divisions of her perennials. When my kids were small they used to love it because they could get me a present for a quarter or fifty cents.
    Even now, I stop at roadside sales that have plants out. Many yard sales have plants for sale. Those are the yard sales that attract me most! :) I got a nice big pot of yellow iris for fifty cents about five years ago, and this last couple of years, I have looked forward to a sale of hostas that a lady has to make money to buy more hostas. :)
    gg

  • 18 years ago

    In Maryland, it is legal to sell plants you grow from home. I've done it as part of a yard sale and by taking a table at the local farmers market. I usually case the prices at the local nursery for the perennials and the specialty annuals and then go under that by several dollars. I get my pots by donation from gardeners and neighbors.

  • 18 years ago

    Be on the safe side and call your local authority. One year our business (not garden related) ordered tulips on a package deal to increase store foot traffic. As soon as we displayed them we were hit up by the city to buy a nursery license. We already had a city business license but needed another for selling a few bulbs. It took the profit out of the bulb sales and we did not do it anymore. Al

  • 18 years ago

    Yes, if you are selling just annuals, chances are they'll tell you to go ahead and good luck. Perennials are an whole different ball game. They are nursery stock and nursery stock is regulated in most states. If I ship annuals across state lines, then I have to have those inspected too.

  • 18 years ago

    The question about selling from home came up in another forum last summer. This only applies to Marylans as the issue is state regulated and differs by state. But this was an oficial statment from the Maryland Department of Agriculture:

    "...You need to maintain a current and valid Nursery Inspection Certificate or Plant Dealer's License if you sell, distribute, give away, or advertise the sale of WOODY plants or if you sell ANY plant outside of the state of Maryland.

    Common examples of regulated woody species would be trees (ash,oak,crabapple), shrubs (rose,lilac,azalea) or bamboos, i.e. plants that maintain woody above ground portions throughout the entire year.

    Examples of plants that are not currently regulated and do not require a license would be: annual bedding plants, tropical houseplants, or herbaceous perennial species such as peony, hosta, or asters. But remember, they may only be sold within the state of Maryland.

    Maryland law also requires that a separate license be maintained for each sales location within the state for the above mentioned woody plant types. If you do not sell the regulated woody plants, you have no requirement to obtain a license. However, we highly recommend that any unregulated plant sold in Maryland be free of dangerously injurious insects or diseases and be labelled correctly..."

  • 18 years ago

    In ohio, even perennial edible herbs, garden mums, any bulb, perennial fruits like berries and rhubarb and all ornamental perennial plants woody or not, are regulated and need a license to sell.

  • 18 years ago

    How could one check this kind of information? Does anyone know about the regulation in Michigan?

  • 18 years ago

    I think that I'd review your homeowner's insurance policy, as well.

  • 18 years ago

    Exactly. It would be a tragic time to find that your homeowner's policy won't cover accidents incurred in a home business. I carry a separate business policy. I wouldn't even DREAM about letting people on my property without it.

    As for finding out your state's regulations......call the Department of Agriculture.

  • 18 years ago

    Local authorities also have regulations regarding selling from home. Better check with your town clerk, city clerk, whatever.
    Homeowner's policies do not cover business activities and companies vary in what they consider business (a garage sale? two garage sales? weekly garage sales?).
    For instance we had an Avon lady whose customer tripped on the front step. No coverage for broken leg, pain and suffering - the whole thing ran into thousands and it was the Avon's lady who paid. Sort of takes the profit out of things.
    Now if you gave them away.....

  • 18 years ago

    Can one sell seeds through mail order? I can check the plants that are prohibited in some states, but other than that, does one need any license to sell seeds?

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