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View Full Version : NYS Nursery Dealer Certificate


metro36
04-03-2011, 06:18 PM
Can anyone help me out here. I am unsure if i need to obtain this certificate. I only but small amounts of plants, mainly annuals and the occasional installation. I can't figure out what the wording is trying to say. This info come from the NYS OPAL site.

“Nursery dealer” means any person, firm, partnership, association or corporation, NOT A GROWER OR AN ORIGINAL PRODUCER OF NURSERY STOCK, in New York which or who buys, acquires, or receives on consignment nursery stock for the purpose of reselling, transporting, or otherwise disposing of the same. The certificate registers nursery dealers as selling only certified stock and is required as a condition of sale. Persons desiring to sell, or handle for sale, or otherwise dispose of nursery stock in New York must register unless they are registered as or plan to register as a Plant Grower.

Does anybody from NY know if this is necessary for a landscaper.

lukemelo216
04-03-2011, 06:34 PM
I could be wrong since I am not in NY, but from the sounds of it, you dont. I think they are referring to an idea such as this:

I run XYZ Growers. We specialize in growing and supplying local nurseries with perennials. You own ABC Nursery. You purchase these plants to put in your store/nursery to resell to the potential buyer

metro36
04-03-2011, 06:39 PM
Yeah thats the way I understand it. Its just on the application they have a box to check off if you are a landscaper. None of the landscapers in my area have one either.

lukemelo216
04-03-2011, 07:08 PM
you could always just call the department about it too. Explain that your a landscaper that installs plants and trees on an occasional basis, but doesnt store them, or sell them in a nursery setting. They will tell you if you need to have that form/license

metro36
04-03-2011, 07:14 PM
Yeah I am gonna do that tomorrow. I was just trying to see if anyone knew so I could save myself the call. Thanks

Angelo585
04-16-2011, 05:38 PM
This was confusing for me as well, when I formed my corporation, the DOS online site asked a series of questions pertaining to the type of business category I was incorporating in order to guide me to the proper forms. one question asked if as a landscaper, if i would be installing plants or flowers, when I checked yes, it asked if I would be purchasing them from a wholesale nursery for resale to my customer, i again answered yes. The system then asked if I would be removing or disposing of plants or flowers on a customers property as part of my business, again yes. A link came up saying I required NYS Nursery Dealers Certificate. I called the DOS and posed several scenario's about my business, the representative said even if I only sell flowers 1 time to 1 customer that I need the certificate, she proceeded to tell me that, "many people do not get the certificate and never get caught, but do you want to be the company that does get caught?" I asked, "What if I plant flowers for a customer that the customer buys and asks me to plant" and the response was, "technically no but we are splitting hairs here" so it appears that it is necessary to get but many do not bother, my luck I would get caught so it was worth it for me to just do it, the cost is minimal for the return.