Legal ramifications of selling tomato plants

[newatthiskat]

Lots of thoughts on this! I have about 200 seeds already planted and looks like they are popping up as we speak. I will plant about 80 total for me. I have another 36 seed started that I was going to plant. SO not tons of plants just what I do not use and what happens to pop up. Also if people come to my business it is instant advertising for us. O that mkes it even more complicated. Who woul have thought that trying to sell about 50-60 plants could cause difficulty
Kat
Ok just did math it would have to be about 200 plants to help with deposit

[stormymater]

50 - 60 plants - really think you have no worries... coming from one who tends to be a worrier, LOL.

[newatthiskat]

Isn't this crazy I took the day off work so I can sit and relax due to stress levels, and here I am worried about this
Kat

[ireilly]

Chocolate is good for the soul......

[Stepheninky]

This is actually a really good question I would call the local agriculture deptment for your state.

Here is a link for Texas and the wording is pretty strict actually

http://txmg.org/files/Nursery-floral-certificate1.pdf

For anyone in my home state of KY the certificates and inspections are only required for trees, shrubs, and any plant that could reasonably survive winter. Annuals and herbs do not require such a permit in KY.

Here is the KY regulation as listed at the state Entomologist website that is current for 2011

Plant Sales at Farmers’ Market
The Kentucky Office of the State Entomologist requires that every resident nursery or dealer selling nursery stock in the state obtain a nursery license through the State Entomologist office (KRS Chapter 249). If the plants being sold can be placed outdoors, survive through the winter, and then start growing the following spring, a nursery or nursery dealer license is required. Plants will be subject to inspection by an agent of the state entomologist once a year to check for presence of insect or disease pests. The agent may collect plant material for further identification of plant pests. Licenses are not required if the seller is only selling herbs, annuals, cut flowers, or garden mums.
Any person soliciting orders for or delivering trees or plants in the state must carry a copy of their license to show prospective buyers, county officials, or state entomologist inspection agents on demand.
Trees, plants, or parts of plants, whether nursery-grown or not, that are sold, shipped, or transported into Kentucky from another state must bear a copy of a certificate of inspection from a state or United States government inspector.
To obtain a nursery license or if you have further questions please call the State Entomologist office at 859-257-5838 or visit www.KyStateEnt.org.

[whistler]

The going price for my heirloom tomato seedlings here in PA last season was $3 each, most in 3.5" square pots (the deep ones). I did pot about half of my 600 seedlings up to 17cm euro pots, and kept the price at $3. I had one or two customers who walked away after learning the price, but most people thought it was worth it for the selection (100+ heirloom varieties). I did my best to recommend (sell...) varieties and get them interested in the possibilities available with heirlooms, and I had a flip book of photos made from plastic badge holders so my customers could envision the final product. Bottom line - differentiate your product from the nursery hybrid 6 packs, and you can price accordingly.

[matermaniac]

You may want to look into something the IRS calls a Hobby Tax.

My local town requires a Peddlers Permit for selling anything at the farmers market in town or from a roadside stand. But the county requires no such thing and doesn't care. So what I could do and may do is set up on the way into town before crossing into city limits.

[feldon30]

Originally Posted by newatthiskat

I reallllly don't want to end up in handcuffs OL.

For a civil matter? LOL

Just stay under the radar. Don't go nuts with sales, don't make a big deal or publicize what you are doing. I wouldn't post a lot of details on Facebook, etc. If it's a few hundred bucks or less, it's no big deal.

If you get caught, worst they can do is charge you a fine for not paying sales tax.

[Barbee]

You might want to check with your place of employment, too. Some places get a little upset when you sell things at work. I think as far as the rest goes, you'd be fine, as long as you're not setting up a big market and doing heavy advertising.

[newatthiskat]

I know work will not care. My husband, daughter and I own it. . We only took over in middle of December so there is no way we can support the tuition yet. I even have help of administrative assistant. It is a construction type company.
Kat

[Alpinejs]

By now this reply is too late for you but not for others, maybe. I sold about 1000 seedlings last year and like Whistler, I got $3 each for the 3 1/2 inch pots. I only had 5-6
varieties. This year, I am shooting for 16 varieties and about 3000 seedlings. I never had any permits or problems selling along the roadside except one location where the
Highway Patrol said I needed a roadside permit. I asked how to get one and he said
"you can't!". I movced to a non-state hwy. location. IMO, by the time you figure the cost of soil, amendments, the plastic pots,
water, heat, labelling, transportation and yada, yada, yada, a price of $1 or $2 only keeps
you from feeling like a murderer if you trash your excess plantings. Actually, I started out
at $5, but backed off to $3 due to buyer pressures. I don't advertise except for a sign
saying "Heirloom Tomato Seedlings" at my roadside table (2 tables this year). Like others, I am already getting phone calls for next spring.

OT, thanks to Tomatoville posters, I have just finished re-sheeting my two hoophouses
with 6 mil. UV plastic. The old 6 mil stuff was a total mess to clean up and discard but this
stuff is supposedly good for four years.

Gotta go as it is time for the weekly meeting of Seed Junkies Anonymous. I still get the
shakes just looking at the cover of a seed catalog and revert to the fetal position and
just sit there and whimper.

[Worth1]

I sold homemade Bratwurst and knackwurst to German friends out of the trunk of my car.
They would only buy from me as they said it was the only stuff that tasted like it id in Germany.
My wife was worried that the FDA was going to kick the doors down and haul us off to jail.

I can see it now, "What are you in for, "selling cocaine" next guy "rape" next guy "murder" next guy "serial killer", and then me "selling Bratwurst".

Worth

[Alpinejs]

I am just mortified to be on the same thread with an illegal Bratwurst distributor/dealer.
What will my friends think? Oh, the shame of it!!

[ScottinAtlanta]

I wouldn't worry at all if you are low key about it. We still live in a mostly free country.

[Fusion_power]

A BRATWURST DEALER! We'll just have to get you kicked off of this forum! There is no way that I am going to hang around with a person of such criminal evil intent.

DarJones