Mississippi direct-to-consumer compliance, guide 20 of 24
Plants & Flowers
Selling nursery stock takes MDAC certification; retail resellers use a dealer certificate.
State License RequiredWhat is covered
- Commercial growers certified as a Nursery
- Retailers buying plants for resale certified as Nursery Dealers
- Retail seed sales with an annual seed permit
Needs a different path
- Selling nursery stock without MDAC certification
- Assuming plants are tax exempt at a certified farmers market
- Selling seed without a permit
Three compliance steps
- A
Pick one certificate
A Nursery grows most of what it sells; a Nursery Dealer buys plants for resale. MDAC says select only one.
- B
File with the Bureau
New nurseries send the contact form to nurseryprograms@mdac.ms.gov when stock is ready for inspection. Dealers file the Nursery Dealer Agreement and receive a certificate.
- C
Permit seed and collect tax
Retail seed to consumers needs a $25 annual permit. Collect sales tax on plants; farmers' retail seed and vegetable seedlings are exempt.
Quick reference
| Item | Rule | Regulator |
|---|---|---|
| Nursery | Certificate for operations selling over 50% own-grown stock; inspection of stock | MDAC Bureau of Plant Industry |
| Nursery dealer | Retail operation buying plants for resale; agreement form and certificate | MDAC |
| Retail seed | Annual permit, $25 for seed sold at retail to consumers | MDAC |
| Landscape plants | Must remit sales tax, even at certified markets | MS DOR / MDAC |
| Seeds and vegetable seedlings | Retail sales by farmers are exempt from sales tax | MS DOR |
| Renewals | MDAC emails renewal notices to existing nurseries | MDAC |
Common questions
Do I need certification to sell at a market?
Selling nursery stock falls under MDAC's nursery programs. Contact nurseryprograms@mdac.ms.gov to confirm your category.
Are flowers and plants tax exempt at certified markets?
No. MDAC criteria say landscape plants must remit sales tax.
Are vegetable seedlings taxed?
Retail sales of seeds and vegetable seedlings by farmers are exempt, but plants sold at a market follow the market's tax rules.
Printable checklist
- Certificate type chosen
- MDAC form submitted
- Stock available for inspection
- Seed permit if selling seed
- Sales tax permit active
- Renewal notice monitored