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Legality Of Selling Plants Grown From Seed


Question
Dear Mr. Alonzo,

You once received a question regarding the selling of perennial flowing plants. The person inquiring wanted to know if they needed permission from the producer of the seeds to sell their plants. They also mentioned they planned to commercialize their growing. I am in a similar situation, however, I have grown annuals and plan to sell once only. I have the same questions for you now; do I need to get permission or attain a license of some sort? You responded by offering to direct the inquiring person to a contact associated with the state university. I live in Winnebago County, Wisconsin. It is perhaps worth noting that I want to use the profits to purchase items to donate to a local charity. Thank you very much for your time and effort.

Sincerely,

Daniel

Answer
Hi Daniel,
Thanx for your question.  Some states regulate selling plants and some do not.  Anytime you start selling something on a regular basis or in a large quantity, the government is going to want its share (taxes, license fees, etc.).  I doubt that if you are selling on a one-time basis that the tax man (or woman) is going to come and hunt you down.  Also, a lot of organizations like Master Gardeners have plant sales and I don't recall this being regulated but one never knows.  I would check with the local county extension agent.  For Winnebago County Wisconsin here is your contact information.

http://winnebago.uwex.edu/index.html

Give these folks a call.  I'm sure they can give you the exact answers but my initial reaction would be that you can probably safely grow and sell your plants for the reasons that you stated without fear of breaking any laws.  I hope this helps.
Tom

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