Where to sell extras?

[Wi-sunflower]

Here in Wisconsin if you are selling perennials from roots or cuttings, you need a nursery license of $10. But for annuals and those same perennials from seed you don't need a license. But you are supposed to collect sales tax.

Carol

[tam91]

Thanks Carol.

We'll see, maybe I'll just give the little guys away too. I know I'll be giving some to friends, we'll see how many they want.

[dice]

You could perhaps trade them instead of selling them,
in the Craig's List barter sub-forum.

[tam91]

Interesting, I hadn't heard of that. Not sure what I'd trade for though, I'd have to think about that.

[JackE]

There are two places where EVERYTHING is illegal - The Peoples Republic of San Francisco and Long Island Surf4grrl lives on Long Island.

[tam91]

ROFL. Got it.

I'm hoping I'm far enough out in the country to be uninteresting.

[surf4grrl]

There are two places where EVERYTHING is illegal - The Peoples Republic of San Francisco and Long Island :-) Surf4grrl lives on Long Island. :-)

Yeah out in the land where we don't start seedlings in peat pots with miracle gro!

[stormymater]

You'll be fine - just post a nice cheap "Heirloom Tomato Plants" sign (use the really fat Sharpies & borrow a real estate or political sign holder) & you will be fine. You'll meet a bunch of nice folks who will be really enthusiastic & encouraging of your green thumb... and if you give them your number or email, a whole bunch will come back next year... & it is still a hobby not a business.

Heck I grow far too many each year because it is either feast or famine - & my grow logs prove why I overseed & sling a few and donate a lot. Besides until one makes $400 profit it is a nonissue for fed taxes (need to check your state - ours does not expect sales tax on annual vegie plants) - it's your hobby (eg avocational interest).

It's hard for me to imagine who would buy a plant from someone in their driveway & then lodge a complaint with the "State". Must be a regional kind of thang.

[tam91]

Cracking up at your edit

I'll probably give it a try. Given that I had to purchase the shelves, lights, and all the seed starting stuff this year, I don't think the tax man would make out on me.

Of course, I still have to get the little guys to grow up healthy, in order to be sold.

[stormymater]

You'll have a ball!

FTR - I have traded & gotten a little pig - his name was Mr. July. Loved the double entendre & he sure was delicious! He loved all the extra garden produce & I loved feeding him.

Imagine - all garden extra made into BACON! Ought to be a law LOL!

[tam91]

Hahaha a pig. My husband would divorce me. But too cool!

[Mischka]

Originally Posted by surf4grrl

I think Mischka sells seedlings, maybe he never had a complaint yet but -snip-

I sure do; well over 3000 tomato plugs in flats, destined for a couple of local garden centers next month.

BUT... there's no sales tax on vegetable/fruit seeds/plants. If you can grow it and eat it in Massachusetts, the money-grubbing tax man gets nothing.

From the Mass. General Laws:
"Household items generally are taxable. Seeds used to grow food for human consumption are exempt. Here is a listing of the tax status of specific items:"

Exempt items

• Commercial gun safes and trigger lock devices
• Fertilizer
• Flags: U.S. only
• Fuels: Charcoal; Combustible fireplace logs; Firewood, kindling; Lighter fluid for grills; Propane gas for grills
• Gas, steam, electricity and heating fuel
• Infant supplies: Baby buntings; Bibs; Diapers: cloth and disposable; Linings; Receiving blankets; Rubber pants
• Plants and seeds that produce food for human consumption
• Telecommunications services (up to $30 per month for residential use)

Massachusetts Tax Law and Exemptions

Originally Posted by tam91

Usually Mischka seems pretty reasonable to me.

Thanks, tam91. I appreciate your faith in my judgment.

Many states do have a version of this Mass. statute:

Casual and isolated sales:

Infrequent and nonrecurring transactions made by people or businesses not regularly engaged in the business of making such sales are exempt. For example, sales of used appliances by a homeowner or sales at infrequent yard sales are exempt.

Hope this helps dispel any fears of being fined or arrested for selling leftover tomato plants.

[stormymater]

Thanks Mischka - that's about the way it rolls down here too though we APPARENTLY are supposed to get a permit for yard sales ($1 a pop & the local Guvmint limits one to 2 sales a month & 4 sales a year - go figure)

Oh Mr July was hidden from DH at a friend's place. DH was never really in the loop until the Fourth of July pick picking & there wasn't too much he could say as he gobbled up Mr July...

[kevinrs]

The sales tax issue interested me, so I searched and found what the laws are in California.
http://www.boe.ca.gov/pdf/pub61.pdf
on the 5th page of the document, which is numbered page 1, it lists as exempt :

ANIMAL LIFE, FEED, SEEDS, PLANTS AND FERTILIZER, DRUGS AND MEDICINES—The sale and use of animal life or feed for animal life, seeds, and plants the products of which normally constitute food for human consumption are exempt from tax.The sale and use of fertilizer to be applied to land the products of which are to be used for human consumption are also exempt. In addition, the sale and use of drugs and medicines including oxygen that are administered to food animals, the primary purpose of which is the prevention or control of disease, are exempt from tax. This is an expansion of the general food exemption.

I find it interesting to learn that fertilizer for food plants is also exempt. I'm thinking the stores do charge tax anyway though.

[JackE]

Surfgirl--

For the second time, we do NOT start seedlings in peat pots. We germinate the seeds first and THEN transplant them to the peat pots. It would be ridiculous, if not impossible, to actually start them in peat pots because, among other reasons, we only have 8 sq ft of heating mat surface.

What's wrong with Miracle-Gro for a starting medium? It's readily available without freight costs, reasonable in price, always been disease-free, easy to handle, etc. I've never had a problem with it. A couple years ago, a large nursery down the road gave us a huge bale (5 or 6 hundred pounds) of their starting mix (for flowers). We didn't like the way it handled at all -too dry for one thing. We spread it in the field and bought MG

We buy 4000 Jiffy 2" peat pots for less than $150. Transplanting seedlings from the starting containers to the pots is fast and efficient - a matter of minutes to do a 50 pot tray and they are easy to transport and plant (we do tear the bottom out). It might be cheaper if we had reusable containers, but the convenience is worth it.

You plant a lot more than we do. We only do four plantings of 1000 each - and it's easier for the volunteers - one digs holes and sets-out the plants, one plants them and another follows with water. We're non-profit and have lots of free labor. We don't need a planting machine and bare root plugs, etc. It only takes a few hours for us to plant 1000 - and we're all retired with nothing better to do.

I wouldn't hesitate to recomment our system for any market gardener who only plants a few thousand. There's a grower over on another forum who plants more than 100K - all at one time. I'm quite sure he doesn't use peat pots LOL - all bareroot, which is the commercial way. Is that what you use - bareroot plugs?

Jack