vendor Any rules of being vendor/selling?

Trying to find some specifics answers about the business of selling seeds or peppers. I am growing a vast large variety of peppers to build my seed stock. However is their any rules about off limit peppers seeds you can not sell. For instance are their some peppers that fall under public domain. So those you can grow and sell freely with out worrying about legal ramifications down the line. Last thing I want is to start growing peppers that can not be sold with out the consent of the original grower/creator. If such peppers do exist by all means please list them for me. I want to become full time grower and quit my day job to just hone my pepper breeding skills. Last thing I want are any set backs in the late stages of the game. Trying to avoid any blowback from the community or in business world when it comes to growing and selling seeds when it comes to this specific matter.
 
 
 
 
midwestchilehead said:
Good luck! Read up on the plant variety protection act, and then stay away from selling pvp seeds unless you are licensed to do so.
 
Warning, US Centric Question Incoming:
 
I was under the impression that most pepper breeders don't apply for PVP through the USDA, as they do not want to list the "full geneology" or pay the application fee of $4,382. In the US we have no "Plant breeder rights" beyond PVP.
 
I imagine you could find the list of PVPs awarded, and cross them off the list of varieties you want to grow. You'll be left with a list containing only unprotected varieties.
 
Best advice: Be honest and Fair

PVPA and Copyright - Before growing a variety, look it up.  If it has a PVPA or copyright, then contact the owner and ask permission.  Frankly, I am not bright enough to work with contracts so I ignore variety like that.  On copyright, you can look up the copyright and see what the rules are.  Example: Smoken Ed's Carolina Reaper is protected, but the copyright says Carolina Reaper is not.  So folk sell Carolina Reaper instead of dealing with what ever rules Smoken Ed has for using his name.  Its all good.

Exit Rules: Puckerbutt and some others have a list of rules as you exit / purchase.  Most people dont read those sort of things.  You should read them and be honest.  Puckerbutt says no commercial use of their seed stock, so I dont buy from Puckerbutt.  Its nothing against them.  I just want to be honest.  Even if I purchase for my own personal use, since I am in business I might give the wrong impression.

What I said in PM about check with your extension office and how much is state by state means I cant really help with details because I am not in your state.  But a couple other things came to mind.

Sales Tax - Kentucky does not collect sales tax on food or seed for growing food.  Your state might be different.  You might need a sales tax license.  We have one, but mainly because I sell hand made knives and metal work.  Because I have the license, they send me a form every three months.  I fill it out and mail in a check.  Again, nothing but a thing.  Very easy.  I live with brain damage and I can do the math.  You will do fine.

DBA - Unless you sell under your own name, many states require you to obtain a Doing Business As sort of thing.  Again, nothing but a thing.  It actually protects you because nobody else will be able to get a DBA in your state under your name.

General Business License - Now this is a weird one.  Some states want you to have an actual Business License even if you are not collecting sales tax.

LLC - Not required, but a good idea.  Again, this is nothing but a thing.  Dont let it scare you off.  In my state, once you get it all you have to do is fill out a post card once a year saying it still exists.  Lets you get a checking account in the name of your business.  Other than that, well it is good as a form of legal protection of your personal assets.

For this and other goofy legal stuff, contact the Small Business Association.  For anything specific to your product, contact the local extension office.  If you have something like SCORE in your area use them.  Google something like SCORE and small business to see who they are.

Biggest thing to remember, dont let any of this scare you.  It sounds really intimidating, but its nothing but a thing until you get big time and have to deal with the federal laws.  For now, you have exemptions.  By the time you are earning enough to be stuck with the federal laws, well you will be bright enough to realize even those are nothing but a thing.

You will do GREAT and anything I can do to help just ask.
 
If a variety has PVP protection, you can't grow and sell it without permission. For example, the red savina habanero used to have pvp, so you couldn't grow it and sell it unless you were licensed to do so by the pvp holder. PVP protection only lasts 25 years though, so once the protection runs out, anyone can grow and sell it without a license.
 
I'm not aware of a current list of pvp protected varieties, but I'm sure there is a list out there somewhere on the interwebs.  I know the Prairie Fire and the Black Pearl both have pvp protection.
 
 
MonsterPeppers said:
Thank you midwestchilehead but as I am reading all this...I don't quit understand or can interpret what it all means  :cry:
 
 
midwestchilehead said:
If a variety has PVP protection, you can't grow and sell it without permission. For example, the red savina habanero used to have pvp, so you couldn't grow it and sell it unless you were licensed to do so by the pvp holder. PVP protection only lasts 25 years though, so once the protection runs out, anyone can grow and sell it without a license.
Kind of a Funny - Red Savina is an odd ball.  When PVPA ran out, the creator got a trade mark on the name.  So you can sell the same thing as Red Sav or another name, but Red Savina is a no no.  Is one of my favorite peppers cause the thick walls make it great for stuffing.
 
MonsterPeppers said:
Thanks you AJ :D You save me hours of searching for various things.
Also thanks you  midwest for the example. 
 
Just dont trust anything we say cause most things are state by state.  Small Business Association and the Extension office are your friends.  Heck, I have seen different laws by county and city.

Best advice is be honest and friendly.
 
 
It is the variety. You can't protect the genes of the original species. According to the PVPA,
 
The breeder of any sexually reproduced or tuber propagated plant variety (other than fungi or bacteria) who has so reproduced the variety, or the successor in interest of the breeder, shall be entitled to plant variety protection for the variety, subject to the conditions and requirements of this chapter.
 
7 U.S.C. § 2402(a).
 
You can also protect the name, but that is done through trademark law rather than PVP.
 
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