Tuesday, January 5, 2010

02 NCAC 48A .1206

No person shall distribute, sell or offer for sale nursery stock or collected plants without a valid nursery dealer certificate,
plant inspection certificate or nursery registration certificate as required in these rules

There's also this.

A certificate is required to distribute or sell nursery stock or collected plants. Nursery stock is defined as all wild or cultivated plants or plant parts, trees, shrubs, vines, bulbous plants and roots, grafts, scions and buds. Included in this definition are strawberry plants, turfgrass and bulbs. Also included are vegetable and tobacco plants when required by other regulations. Excluded are other annual plants, cut flowers, true seeds, decorative plants or plant parts without roots not intended for propagation, and perennial plants intended for indoor use that are produced in North Carolina. A collected plant is nursery stock ( other than currently certified nursery stock ) which is dug or gathered.

When nursery stock is grown at a location for distribution or sale, that location is considered to be a NURSERY

From what I'm reading, it seems as though I could sell cut flowers or annuals, but not perennials or other items like shrubs, figs, etc, unless I apply for certification. So let's assume I do that. I would then be required by my town to apply for a business license. The state would require me to pay sales & use taxes. I would effectively become self-employed again in the eyes of the Federal government and the local/state municipalities. Once that happens, any items I've purchased with my employee discount would be subject to review by my employer. If I have used my discount for business purchases, I could be subject to termination. Long story short, I'm going to have to dig a lot of holes in my yard this spring. It's going to be beautiful come early July. So that's the end of that.

It's currently 25 degrees and sunny. The hoophouse temperature dropped to 29 overnight and is slowly rising. Yesterday, the temperature reached 51 degrees inside. Outside, it was a blustery 37. We might actually hit 40 today. Thursday, rain and snow is expected for much of the Southeast.

11:29am - I've cut and split more firewood. Off from work tomorrow, I'll spend half the day getting more sawed into manageable logs for the splitter. Don't want to deprive my nephew of the joy he gets operating that machine. He's excited about coming for a visit. Last year, he went home and built his own "hoophouse" from some sticks and a piece of plastic my dad had in the building. I'm also planning to pick up some stones from the gully to finish the edging on the rose garden. If I'm feeling plucky enough, I'm going to see if I can at least toss enough out of the gully to complete the shrub island too. I hardly think I will get them all in place in a single day, but one never knows. I've got plenty of coffee in the cupboard.

It's 49 degrees in the hoophouse.


Darla said...

that sucks! We have people selling plants on the side of the road all the time...BUT...the law is only for those who obey it...can't wait to see your beautiful gardens come July..Got an idea, buy semi-nice containers (or paint some old ones) put a plant in them, sell the containers
with the plant 'free'!! Taadaa!!!!
We actually had a 'whorehouse' (seriously) in a neighboring town, that sold condoms---sex was free!!! Just had to share that one..LOL

Jimmy said...

I guess you'll have to moved to the country. Or, transport and sell in the country. Or, PLAY STUPID. It does have its merits.

Tom - 7th Street Cottage said...

There certainly are ways around the law. I can't be 100% certain, but selling at a farmer's market seems to exempt one from having to be certified as a nursery. I'm sure all those people who sell rooted cuttings in GSO are not certified nurserymen. So there may be other options.

Darla, I love the idea of selling $3 plastic cups. I may have to look into that.

gld said...

Tom, if you get certified as a nursery that means any inspector can come around anytime and see if you are illegally propagating patented plants or if you are carrying any over. Anyway that's what happened to my sis's small operation. A federal guy came around to be sure she had tossed all pantented plants at the end of the season. Thankfully she had moved them down to the garage out of the greenhouse before just planting them out in her own yard.

They treat the little guy the same as a mega greenhouse. I think here you have to have a license to sell at the farmer's markets.

Anonymous said...

Sometimes I'm just so glad I live in Africa. Sure lots of things don't work smoothly, but the law is not a nanny - and where it is one, she's usually asleep on the job. Three cheers for the pioneering spirit!

Randy Emmitt said...

NC is entirely stupid! I have to have a photographers license that costs $50 to sell a $1 photo. Yet I do handyman work and can do work up to $30,000 before I need a contractors license. Anyone ask you if I'm licensed hell yeah as a photographer!

Tom - 7th Street Cottage said...

Glenda, see, I don't want to get into that mess. I don't want to ruin the fun of gardening with people snooping around my house and yard.

Sequoia, the laws here really are problematic sometimes. See Randy's comment.

Randy, amazing isn't it? I ran into the same problems when I was building models. The state considered us a resale business. I actually paid sales taxes on all materials just so I could claim I was only charging for labor.

Anonymous said...

You have to love those crazy NC laws. Maybe you could sell the plants only on the weekends and say you are having weekly yard sales??