Summer before last I sold a few plants along with my junk at a community yard sale. (The plants went first.) I didn't get a permit for that any more than any of us got a permit for a yard sale.

Last summer I had so many extras from winter sowing (after I gave away and traded with neighbors and MAGEers), I took a table at the Kensington, MD, farmers market. I had to pay a vendors license fee to the town of Kensington to get the booth.

So it depends on where and how you plan to sell. On your own property informally, most likely no one will bother you if you just set up and go ahead. On some one else's or public property, there are rules and licenses.

Thanks for sharing your experience (here in Laurel yard sales require permits--I've been at yard sales and have seen the city official arrive to make sure the sellers have one)! I have purchased plants at various types of sales that seemed to be just individuals' personal overstock, so I'm hoping that I can sell some without hassle.

Maryland does not require that you have a permit to sell plants on your property. Go for it!

The Maryland Dept. of Agriculture website says I do, so I would greatly appreciate it if you can point me to an official source for your info. Thanks!

MDA has a permit for this online for $110.

I'm sure you'll need to collect taxes, and fill out and pay a business taxation form quarterly or annually.

I believe that if you sell less than a few thousand dollars annually, it's considered a hobby rather than a business, and you can do it on your own. But the State is rightfully concerned about people raising and selling potentially invasive plants, so I'm guessing that you should make sure you do it properly. Personally, I wonder if it will be worth the hassle.

Here is a link that might be useful: Business with a combined growing area, sales area, and landscape holding area of 1 acre or less:

I've now called the MDA and got shuffled from one person to the next until I was transfered to one who was not in. No one knew the answer for sure! I left a message which has not been replied to, yet.

I run my own business (glasswork), so I know how to do that, but it has given me chronic tendonitis and I can't work at it for at least months, possibly ever again. I had hoped selling a few plants would be simple, but if it is going to be complicated, then I have to decide if I want to start a new business.

I have actually talked to MDA about this (when I was a full-time flower farmer/plant grower in 2003). Their attitude was that if I was not selling trees and shrubs, I did not need my "nursery" inspected and did not need a nursery permit (that's the $110 that Mike was talking about). I think we also had a discussion about my projected sales being low - that may have also contributed to their advice not to get a nursery permit.

I sold annuals, perennials, herb plants, veggie plants and cut flowers at farmers markets. I did get a tax license, though (which is cheap), because I reported and paid sales tax on the non-edibles. I will be selling flowers again this year (but keeping my day job) so I'll go back to reporting.

In your case, though, you are having what's essentially a yard sale. Someone who has a once in a while yard sale doesn't need any state permits (though it sounds like there could be local ones) and does not have to pay sales tax, as I understand the law.

I have a benefit plant sale every year and have never had a problem. Also keep in mind all of the church's, garden groups, and schools that have spring garden sale's.

K

Ok, thanks for all the replies! I posted a "thank you" earlier today, but it's not here. I also got an official reply from the MDA this afternoon--I'm enclosing it here. I have asked him if woody plants include lavender, thyme, hyssop, winter savory, and rosmary (technically, it should, but I'm asking anyway just in case it doesn't). I'll let you know what he says.

"...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..."

Don't forget the ultimate places for individuals to sell things without permits or licenses...ebay and Craigslist. I have bought hostas off ebay from reputable sellers.

Jen

Oh yeah! I've done a bit with cragslist, but not plants. Plants are legal only within the state, according to my info.

The reply I received regarding lavender, winter savory, thyme, hyssop, and rosemary:

"The species mentioned in your reply are currently unregulated items in Maryland. Although woody, they are only marginally hardy within zone 7. For your purposes, they are unregulated perennial plants if sold or distributed within the state of Maryland."

Great info to know! I've bought and sold plants at yard sales over the years and would like to sell more on the side as I have time.

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