I have hundreds of named varieties of daylilies, hostas and irises.
After dividing them, I have lots of extras that I want to sell. Can I legally sell the divisions?
What are the legalities involved with starting a small perennial and seed business?
Thank you for your replies.This message has been edited. Last edited by: sunnysunflowers,
You may sell your excess perennials if you obtain a license from your local unit of government and as long as you make sure any of those plants that are patented you send the fees to the patent holder. You may also need a permit from the patent holder to sell those patented plants.
As with setting up any business it is best to consult with an attorney.
The sign of a good gardener is not a green thumb, it is brown knees.
I agree with Kimm regarding the patented ones and actually setting up a business. Otherwise, at least down here, you can sell divisions at roadside stands so long as you don't charge tax. Another way to get around local government is to set up a jar or bucket for "contributions". That way the plants are basically free and people are on the honor system to pay or not.
Also you can set up at farmers markets, charge a flat rate per plant, no tax......still I don't know how patented plants would work there...you would definitely need to check with an attorney on that one. I have bought plants at farmers markets here very cheap.
Here people sell divisions at church sales. I don't know how it works.
Check on the sales tax thing. Not all states are the same. Here they want to collect tax on anything possible...even at fairs, festivals, farmer's mkts., etc. If you don't collect it, you are still responsible for paying it. A tax man will come around with a form for you...if you refuse...you can go to jail...or get a state sales tax number and collect anyway...and pay the state.
"The soil is the source of life, creativity, culture and real independence." David Ben-Gurion
People around here sell their divisions at garden club plant sales and along the side of the road near their homes. Don't think anyone has ever questioned about patents??
The difference between annual and perennial plants is simple: annual plants complete their life cycle within a year, while perennial plants live for over two years. A third classification, biennial plants, refers to plants with a two-year life cycle. Annual plants may have a life cycle of any duration under a year; some have life cycles of only a few weeks. Perennials may live for just a few years or for well over 20 depending upon the species of plant.
Annual plants that naturally complete their life cycle in under a year are known as true annuals, but some biennials and perennials may be grown as annual plants in certain contexts. For example, some annual plants may be perennial in their native habitat, but are not hardy enough to survive winter in the environment in which they are grown. Certain root vegetables, such as carrots, are biennials that are treated as annual plants, harvested in their first year for the strong root that grows to provide nourishment to the plant in the second year.
Thanks and Regards,
"I've decided to quit my job, drop out of society, and wear live animals as hats."
Are we a little off topic??lol Must like to hear himself type.
click, click, click, clickity, click, click click, etc.....silence.....crickets?
Its my cold medicine again! Duh~~ is right!
Interesting about selling...all these years
I never heard much about this on here but then
on here we trade or giveaway!!!
Sunny share your blooms with newbies here!
"Those that throw mud, lose ground!" :>)
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