In, Texas, license for selling veggie plants

Keger · October 19, 2015

So the topic came up last week at our market. One of the guys who likes to mind everybody else's business ran over and said I need a license to sell my lettuce bowls at the market. In the fall and winter I put 10 or so lettuce plants in a nice oval plastic bowl and sell them so customers can pick their own fresh. Kind of a fun deal.

Anybody in Texas know what the policy is? All I can find is that no license is required for selling produce, doesn't say it matters if it is still growing or not.

Thanks
in advance!

Worth1 · October 19, 2015

The jerk is taking about a nursery floral license.
You do not need nor do they regulate herbs for culinary purposes.
https://texasagriculture.gov/Regulat...FloralFAQ.aspx
Look at question 4.
I will find more information for you but it is going to be an up hill battle with the guy.
My best reply to him would be to go pee up a rope.
Because you are selling for people to eat.
I had the same problem working on guns and hand loading ammunition for people.
I finally told the guy to turn me into the BATF and be done with it because L knew I wasn't breaking the law.
That was the last I heard of it.

Worth

Keger · October 19, 2015

Thanks Worth. I am guessing lettuce and so on qualifies, as we eat it. I also guess tomato plants are ok too, as we eat tomatoes.

Funny you mention gun work and so on, I am a gunsmith. FFL and all, that's what I do along with the farm.

I am going to tell him to discuss it with the market manager. So I don't take it to the point where it gets ugly.

Worth1 · October 19, 2015

Quote:

Originally Posted by Keger

Thanks Worth. I am guessing lettuce and so on qualifies, as we eat it. I also guess tomato plants are ok too, as we eat tomatoes.

Funny you mention gun work and so on, I am a gunsmith. FFL and all, that's what I do along with the farm.

I am going to tell him to discuss it with the market manager. So I don't take it to the point where it gets ugly.

I have looked and looked and got completely lost in the Texas statutes for tomato starts.

As for the hand loading it is simple they bring you the empty shell casings and you are good to go.
The gunsmith is described as someone who gains most of his income from gunsmithing.'
They have what you call a hobby loophole for people like me.
You have to go to two places in the book to find it.
I called the BATF and asked them and they said no I didn't need one nor did I need a manufacturing license as long as I took in brass and didn't sell from new brass.
Every customer had their own custom load for a particular rifle for accuracy not so called Hot loads.

Worth

Keger · October 20, 2015

Quote:

Originally Posted by Worth1

I have looked and looked and got completely lost in the Texas statutes for tomato starts.

As for the hand loading it is simple they bring you the empty shell casings and you are good to go.
The gunsmith is described as someone who gains most of his income from gunsmithing.'
They have what you call a hobby loophole for people like me.
You have to go to two places in the book to find it.
I called the BATF and asked them and they said no I didn't need one nor did I need a manufacturing license as long as I took in brass and didn't sell from new brass.
Every customer had their own custom load for a particular rifle for accuracy not so called Hot loads.

Worth

That is correct, I do the gunsmith thing along with the small farm, do transfers as well, a lot of Glock work for LE ( I am a certified Armorer). Only time I have seen the hobby guys get in trouble is when they regularly set up at gun shows.

Thanks for researching all of that, I appreciate it. If nothing is said on vegetable starts they must not fall under the floral catagories.

Worth1 · October 20, 2015

Quote:

Originally Posted by Keger

That is correct, I do the gunsmith thing along with the small farm, do transfers as well, a lot of Glock work for LE ( I am a certified Armorer). Only time I have seen the hobby guys get in trouble is when they regularly set up at gun shows.

Thanks for researching all of that, I appreciate it. If nothing is said on vegetable starts they must not fall under the floral catagories.

I just cant find anything on it I guess a person could call and find out I have no idea.
But then another can of worms could be opened.

Worth

Cole_Robbie · October 20, 2015

In Illinois, it's called a "Nurseryman's License." And it's only required if a grower overwinters nursery stock. The idea is to prevent the spread of disease, through required inspections.

Wi-sunflower · October 21, 2015

Wisconsin has a "Nursery" license too. It's for perennials.

Goofy thing about ours is - if I dig up the big clumps of wild catnip growing around the farm, I need the nursery license. If I start the catnip from seed in the greenhouse, I don't need the license.

But there is no license for anything you start from seed here as far as I know. And the market I sell at is license crazy and would tell us if we needed anything.

Carol

October 19, 2015	#1
Keger Tomatovillian™ Join Date: Aug 2011 Location: Richmond, TX Posts: 327	In, Texas, license for selling veggie plants So the topic came up last week at our market. One of the guys who likes to mind everybody else's business ran over and said I need a license to sell my lettuce bowls at the market. In the fall and winter I put 10 or so lettuce plants in a nice oval plastic bowl and sell them so customers can pick their own fresh. Kind of a fun deal. Anybody in Texas know what the policy is? All I can find is that no license is required for selling produce, doesn't say it matters if it is still growing or not. Thanks in advance!

October 19, 2015	#2
Worth1 Tomatovillian™ Join Date: Feb 2006 Location: Den of Drunken Fools Posts: 38,539	The jerk is taking about a nursery floral license. You do not need nor do they regulate herbs for culinary purposes. https://texasagriculture.gov/Regulat...FloralFAQ.aspx Look at question 4. I will find more information for you but it is going to be an up hill battle with the guy. My best reply to him would be to go pee up a rope. Because you are selling for people to eat. I had the same problem working on guns and hand loading ammunition for people. I finally told the guy to turn me into the BATF and be done with it because L knew I wasn't breaking the law. That was the last I heard of it. Worth

October 20, 2015	#7
Cole_Robbie Tomatovillian™ Join Date: Jun 2012 Location: Illinois, zone 6 Posts: 8,407	In Illinois, it's called a "Nurseryman's License." And it's only required if a grower overwinters nursery stock. The idea is to prevent the spread of disease, through required inspections.

October 21, 2015	#8
Wi-sunflower Tomatovillian™ Join Date: Nov 2008 Location: Wisconsin Posts: 2,591	Wisconsin has a "Nursery" license too. It's for perennials. Goofy thing about ours is - if I dig up the big clumps of wild catnip growing around the farm, I need the nursery license. If I start the catnip from seed in the greenhouse, I don't need the license. But there is no license for anything you start from seed here as far as I know. And the market I sell at is license crazy and would tell us if we needed anything. Carol