Hundreds of thousands of people want to grow vegetables in their backyard. This is rather than buying the product from a grocery store. But, new homeowners and urban gardeners might have concerns about their produce.
Many need to know if they need a license to grow their own vegetables in America.
In this article, we’ll be tackling the question: Do I need a license to grow vegetables? The simple answer is no. Still, it’s essential to understand the regulations and restrictions of growing vegetables because there are some restrictions.
That way, you can see what states is it illegal to grow your own vegetables and under what circumstances.
State or County Agricultural Regulations
State and county regulations vary depending on your state. You may need to look into your area’s zoning restrictions. Or look into homeowners association covenants restrictions. These restrictions are the set of guidelines that apply to homegrown produce.
You have to establish the need for a license. And see whether it’s required for your backyard vegetable garden. This is regardless of the quantity of your vegetable growth.
Zoning and Covenants
Many of the restrictions put in place depend on whether you plan to sell the vegetables you grow. The local government and your homeowner’s association restrict home businesses with this information.
Zoning laws restrict homeowners from growing plants beyond a certain line. There are also circumstances that zoning laws make criminal. Such as using fertilizer or other substances. With those materials, zoning laws make planting vegetables a crime.
Homeowners Association (HOA) Rules
The HOA’s primary focus is implementing rules. These rules prohibit things that will devalue your property.
Restrictions set by the Homeowners Association are in place to regulate the city laws in your area. But, most local governments refuse to overturn these restrictions. This is because the landlords’ involved properties lose their value without these restrictions.
Everything can be alright in moderation. For example, keeping a small, neat garden in your yard keeps the operation controlled. This way, you can balance your need for fresh vegetables with the HOA.
PACA License Requirements
If you plan to cross state lines with your product, then federal regulations must be followed. The Perishable Agricultural Commodities Act (PACA) was created to ensure that buyers and sellers meet the contractual obligations laid out under American law.
The PACA license applies to both in-state and interstate commerce. It is based on the amount of product you sell in a day.
PACA license requirements:
- Buying or selling more than 2,000 pounds of fresh or frozen fruits and vegetables.
- Negotiators of the sale on behalf of another person.
- If negotiated sales or purchases exceed $230,000 in a calendar year.
These requirements ensure that the product will not diminish because they are perishable. This is whether the vegetables are fresh or frozen. It is important to understand the need for a PACA license when to get one.
This action gets you one step closer to selling your homegrown fruits and vegetables.
Do You Need a License To Sell Produce in California?
Do you need a license to sell fruits and vegetables in California? Paperwork is required in California if you plan to sell your homegrown produce. But, you don’t need a state permit to grow farm produce in most parts of the state.
Here’s what you need to know about permits and licenses when selling vegetables in California:
You’ll need to apply for state certification to sell at a farmer’s market. In the application, you’re required to state where you’re growing your vegetables. And identify which of your products you plan to sell to vendors.
You may also need to have your property inspected and cleared by the state. This need depends on where you’re growing these vegetables.
Circumstances That Don’t Require a Permit
California doesn’t require a license to sell homegrown vegetables if you plan to deliver your products to customers. Also, having them pick up the product directly from where you’re growing doesn’t require a license.
Selling to local retailers or restaurants in California requires you to apply for a business license.
Can I Sell Vegetables From my Garden in Texas?
Yes. Texas doesn’t require a permit to sell vegetables at a Texas farmers market. Sanitary safety measures must be followed if you’re selling vegetables in Texas. Still, permits and licenses aren’t needed to sell your produce.
Selling Cottage Foods
Public health and safety are most important to local governments. So there are regulations when selling cottage foods. There’s a significant difference between selling homegrown produce and food that’s cooked, baked, or processed.
State laws make the final decision on which foods are non-potentially hazardous and can be sold.
Approved cottage foods:
- Baked bread
Disapproved cottage foods:
- Pickled products
- Dehydrating herbs and vegetables
Certain states have heavier requirements for selling cottage foods. These requirements are based on if you sell to restaurants or retail stores. Many of the state laws vary based on the climate and region of the United States.
Selling Vegetables Roadside
There’s a high demand for fresh vegetables, and selling them is complicated based on the season. Selling roadside vegetables is an easier way of making money because of foot traffic. People are often walking by on the sidewalk or streets.
Selling vegetables on the roadside is legal in most of the United States. But you’ll need to obtain an Agricultural Dealer’s License to do so.
Roadside vegetables should also be dependent on where you live in the United States. Some states have more popular fruits and vegetables. It’s important to know what is most prevalent in your area.
That way you can guarantee a high-profit margin for your products. It is also important to know if you need a permit for a farm stand.
Can I Sell Vegetables From My Garden in the UK?
Selling vegetables are required to meet quality and labeling standards. These standards go by the term marketing standards. Any vegetables in the United Kingdom that meet these marketing standards can be sold.
The GOV.UK website states that salad crops, nuts, and cultivated mushrooms must meet the marketing standards when growing and selling vegetables.
Rules to meet marketing standards:
Homeowners that wish to grow vegetables in their gardens or backyard are in luck. The United Kingdom has seed companies that sell “patio” vegetables to small-time gardeners.
The term “patio” is for selling seeds that are suitable for the most miniature gardens.
The legality and ethics of selling vegetables from your garden in the United Kingdom have been widely debated over the years. But, it’s only in recent times that the marketing standards have been set in stone in the United Kingdom.
Do You Need a License to Sell Fruits and Vegetables?
Anything labeled organic needs to meet the United States Department of Agriculture (USDA) standards to be sold. The laws vary based on the state. Check your local laws, HOA regulations, and restrictions.
For example, Pennysylvania law states that you don’t need any permit or license to sell anything that is grown in your home. But if you live in Wisconsin or Texas, that might change.