After a hectic week of the "small" plant growers of the UK collectively shouting at APHA (Animal and Plant Health Authority) concerning the unworkable and unenforceable new Plant Passports (PPs) Directive which, as it stood, was the DEATH of plant sales in the UK - cheers and applause, APHA have changed their guidance.
For a while, they were telling us that we needed to undergo Registration (free, quick, easy) AND to also apply for Authorisation to Issue Plant Passports (PPs), which is potentially very expensive.
This is now their policy concerning the new Plant Passports (PPs) Directive, as it applies to those of us who propagate our own plants at home:
" For all these situations you would only be required to be
registered. (ie You are growing the plants yourself, and selling them
face-to-face; you are growing them yourself, advertising them online,
but handing them over face-to-face with money exchanging hands on the
doorstep; you are growing them yourself, advertising them online, taking
payment online (ie Paypal etc) then handing the plant over
face-to-face.)"
In a nutshell, if you sell plants by post/courier, ie not local, then you need to do Registration, and you also need to go through the (expensive) Authorisation process as all plant movements require the plants to have PPs.
However, if you sell plants face-to-face, ie from your garden, at boot fairs, locally, then you do need to do Registration, but you don't need to issue PPs.
Thank heavens for that! A huge sigh of relief is now wafting up from all the millions of specialist "amateur" growers, the hobbyists, the clubs, the charities, and all of us who supplement our jobs/pensions with selling a few plants on the side.
The email finishes:
"Our guidance on this has changed following feedback and a review of the
application process. As we deal more with the application side rather
than the specifics of policy, we can only follow the guidance we are
given, but I apologise that the initial guidance you were given on this
has changed."
Yay! That beeping sound is APHA reversing their decisions, changing
their minds, responding to our somewhat heated feedback, and amending
the restrictions! So hooray for common sense, and well done to everyone who pestered APHA with endless emails!
UPDATE JUNE 2020
Guess what: there's another squiggle in this ridiculous story.
The latest twist is that APHA are now saying that Amateurs and Hobbyists do not need to Register ("if they are only selling face to face".... if you sell by post, you still have to do the full Passport thing).
And what is their definition of an Amateur/Hobbyist? Someone who does not make a profit, does not have a website offering the plants for sale, and does not have a Price List.
If you do any one of those three things - make money, have a website, or have a price list - then you are officially a business, as far as APHA are concerned, and need to Register.
They seem to be trying to exclude the very, very small people who just flog off half a dozen plants once a year. Anything more than that, and you have to Register.
To the best of my understanding so far, if you sell them by post - then yes, you still have to have Plant Passports, which means by definition, you have to Register first, then apply for permission to issue PPs. Some people are being told that the first inspection will be free, but this has NOT been confirmed officially by APHA.
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I don´t see any positive changing here. For a tiny,tiny intended grower ( like me) having to pay around £123 in half hour to have an inspection to see if I am eligible to issue any passport, it does not make any sense, as I haven´t started any business yet. My current job (in Hospitality Industry) pays me low wage, £ 8,71 per hour and If I want to become a self employed having a business of cuttings for example I will to pay a money that i don´t have for myself! What is the point?
ReplyDeleteI feel your pain, Vanessa: but going up against professional nurseries, and the big garden centres, you are always going to struggle to make a decent profit, APHA or no APHA.
DeleteI know that you are too far away to come and be my trainee for a year (*laughs*) but if you love plants, and want to become self-employed, have you considered becoming an actual gardener? There is a ton of work out there, there is a drastic shortage of competent, professional gardeners, and you can very much set your own hourly rate - within limits, obviously - and your own working hours. And once you have gardening Clients, you will have a built-in outlet for all those plants!
Check out my book - the bright blue box, top right of this page, is a link to Amazon Kindle Store, where you can find it: if you have Kindle Unlimited or Amazon Prime then it's free!! And don't worry if you don't have a Kindle - Amazon kindly provide a free programme (or "app" as the kids call them) to allow you to download it to your laptop, to your pc, even to your phone. Go on, give it a go!
Do we know what the rules are on Houseplants? I have seen very little advice that confirms whether houseplants are included in these rules?
ReplyDeleteAPHA keep changing the interpretation of the rules, but the last time I looked, they applied to ALL plants being sent by post, so yes, that includes houseplants. Plants, bulbs, seeds, cuttings, hydroponics, air plants: although the actual wording is "all plants for planting" APHA have said that this rule covers all plants and seeds.
DeleteHowever, it does appear that different APHA reps are giving different advice, so the best I can offer, is to suggest that you speak in person to your local APHA rep: they are the one who would report you, so they are the one whose viewpoint you need to understand.
Sorry I can't be more helpful!
So if I'm selling just face-to-face, I have to register (which is free?) but I don't need to issue plant passports?
ReplyDeleteHi Ruth, yes, that does appear to be the situation.
DeleteThey want to regulate plants being moved any distance around the country, ie being posted. Because that's a great way to spread diseases.
But if you are selling face to face (or "mask to mask" as it is these days) then the plant is not going to be moved more that a few miles, so it doesn't need to be traced.
Of course, with C-19, selling face-to-face has it's own set of problems...!
Thanks very much for an informative post, just to clarify If I am selling structures like bespoke shelves etc that come with plants, and I go to fit them in someone's home, that would still be considered face to face sale?
ReplyDeleteHi Lozza, I don't think that structures of any sort are part of the APHA rulings, so I really can't comment on that.
DeleteIf you are selling the plants as part of the shelf-and-plant package it is still a plant, and if you are taking them there yourself, then I would think it would count as "face to face" sales... but if in doubt, contact your APHA rep - they seem to be trying hard to be as helpful as they can.
Just don't make it sound as though you are trying to find a loophole!
I was on the understanding that aslong as you are not making profit on the plant . So selling a Plant in a home made pot/ stand & charging for that & "giving the plant for free" I think is ok. ?
DeleteHonestly, Maz, APHA haven't quite got their act together on this point yet: the reason for introducing this legislation is nothing to do with profit, it's about tracking plant movements. So really, if you are moving plants from one area to another (ie selling by post) then records should be kept. Best advice: contact APHA and ask your local rep for their opinion: they should have the most up-t0-date information.
DeleteHow to I register for APHA ?.I just want to sell plants face to face.
ReplyDeleteHI Kev,
DeleteSimple - just type "how to register with APHA to sell plants"..... and follow the link: the first one that pops up will be the Gov.uk site. Yes, it says to issue Plant Passports, but follow that link anyway.
Scroll down at (at them time of writing!) the second item on the list is "Apply to be authorised". click on that one, and away you go. There are two documents - the first one is application to register, which is the one you want. This is for the UK, if you are in Wales or Scotland then you may need to dig a little deeper to find the right details - but you are, at least, now in the right place!
A word of advice: the info given out by APHA changes with the wind, so before committing yourself to filling in the forms, you might want to contact your local APHA rep, to discuss what you are doing. Every page has a link to Contact APHA, just keep following them.
Depending on how many plants you sell, what sort of plants, etc, you may not even have to register.
Good luck!
Hello! Thanks for the update!
ReplyDeleteBefore the apah reviewed their regulations, they initially stated 'all plants for planting' however under the seeds section it stated a list of around 20 seeds that would need plant passports. Its my understanding that if I'm only intending to sell seeds (not the ones on that list) then I only need to apply for registration? Do you know if this is correct?
Thanks!
HI Chelsea,
DeleteHonestly, I'm so confused that I can't give a solid answer to that one: I'd suggest contacting APHA, they will assign you a rep: yes, and actual real live person! Ask them: they will be the person who "enforces" your area, so it makes sense to ask them what their interpretation of the rules is.
And good luck with the seed sales!
Hi, it says face to face selling is ok no pp needed. If i went to a plant fare 150 miles away and still sold face to face to customers,can i do this?
DeleteHi Simon,
DeleteYes, that's correct, you can: and that's exactly what's wrong with this legislation - it just does not make sense.
How can it be ok to travel 150 miles, and hand over a plant (or to be on holiday 150 miles from home, and buy a plant, for that matter), but if you post it 10 miles, you have to do the PP?
It's a really badly-thought-out piece of legislation.
The idea behind it is sound: if you sell face to face, you are probably only going to be doing it locally, so plants are not moving around the country - that is, if your plants are diseased, you are only going to be spreading it around locally, and the disease/pest is already in that area.
APHA clearly had no idea of how many people (ie individuals, not nurseries) sell plants, nor how far they are prepared to travel to find their specialist interest.
The only "good" aspect is that anyone prepared to travel 150 miles to sell plants, is probably selling high-end/rare/specialist plants, and would therefore be very particular about their plants being healthy, clean, etc.
It's the front-garden honesty-box stalls, church sale stalls, WI stalls, etc, which pose the threat, because they are cuttings taken by amateurs, who probably can't recognise plant diseases. But luckily, they are all very local, so they're not spreading anything up and down the country, with no record of where it came from, which is what this legislation is intended to prevent.
I plan to run a Charity plant sale to which others contribute, ie we will be selling plants propagated and donated by other professional and amateur gardeners. Are you able to explain to us where we and the contributors stand in these circumstances? As I read it, we are a third party between the face to face transaction, but I am not clear how we would have to proceed?
ReplyDeleteHi there Seonaid,
DeleteThe advice from APHA keeps on changing, so here is my interpretation of the current state of events, for the situation you describe: if you are selling face-to-face, ie not posting, then you don't need to do Plant Passports, thank the lord.
If you are selling plants face-to-face for Charity, then you don't need to do registration either, as long as you have grown the plants yourself.
But as you going to be selling plants contributed by people other than yourself, my interpretation would be that you will still need to do Registration - which is free, and very easy to do.
My advice would be to go to the Registration site (instruction on how to find it are in the text of the article) and get the contact number of your local APHA rep. Contact them and ask them what their view is.
And good luck with the plant sale, hope it goes really well!
Hi, I'd like to sell plug plants on Ebay. Do you know what the inspection involves? Ie, what they are looking for, things that will make me not pass the inspection etc. I don't want to have to pay for an inspection before knowing what they're looking for. Thanks
ReplyDeleteHi there,
DeleteThat's an excellent question, and the answer is too long for the comments box, so I've made a new article for it.
https://rachel-the-gardener.blogspot.com/2022/03/apha-plant-sales-and-plant-passports.html
Hope that it helps!
Hi there, so after reading through all the information am I correct in thinking if I am selling my plants, mixture of house and garden at my local car boot/table top event I don't require to be registered?
ReplyDeleteMany thank,
Devon Rose
Hi there,
DeleteAssuming that nothing has changed, then selling face-to-face (ie not posting them) does not need Plant Passports. Thank god!
As for registration - the Gov.uk website still says "If you deal with plants professionally you need to be registered with the UK plant health service."
Registration is free, quick, easy, and you only need to do it once.
You could argue that if you are only doing it as a hobby, and only sell plants once or twice a year, then you are not doing it professionally. Although the official definition of "professionally" is "for money". So if you are selling plants, you are making money, you are declaring the income on your tax return (you ARE declaring your income, aren't you? *laughs*), and this could be considered to be doing it professionally.
It's up to you, no-one can force you to register, but I would say, why not? It means you could put up a banner on your stall saying "APHA Registered Professional Operator No. xxx" which will impress customers!
OOF well there goes my hopes and dreams of growing and selling to try making a living!
ReplyDeleteSo I was thinking, as I have social anxiety, I wanted to post plants from eBay sales as I couldnt do car boot. I am thinking about alternatives like selling to resellers but then I wouldnt make anywhere near as much.
Here's the question tho. If I sell face to face, as in, someone came to my home or boot sale, I need nothing but to register. Now, that person drives across the UK back home. Is that any different to posting? I dont believe it is. And what if the person sends a courier? Does it make any difference that a courier collected and takes it across uk? No.. and Im not saying I found a loophole or anything, Im pointing out that a person taking a plant miles away themselves still makes a plant be in a far away location without a pp. This is so crushing. I cant afford multiple hundreds of pounds in inspections before I even start making money. Just seems a non starter.. I wish people would stop asking to be controlled as this is always the outcome!
Ive since seen that selling to retailers requires passport even if not posted. AND Ive seen that if no money changes hands then you dont need one! now how is THAT ok if its about spreading diseases and not targetting people making money??
DeleteHi Darkly,
DeleteI feel your pain... this is EXACTLY what we have been saying to APHA. Once we sell a plant face to face, we have no control over where it goes.
But those are the rules. Face to face keeps any pests and diseases local: posting spreads them all over the country. End of.
But there are still some ways to make money from plants without having to endure the face-to-face horror of standing on a stall.
I started to type out a reply to you, but it got too long for a comment, so I'll put it up as a new post, shortly. Watch this space!!
I will do.
DeleteI have the feeling that telling apha these things will be something they will lock harder more than anything. Having a passport isnt the worst thing when sending a plant. Yes it will be some form of cost to them for providing you a number so a yearly subscription of £12 (£1 per month) is perfectly reasonable for that, bearing in mind how many people will be subscribed. I look forward to your post mentioned.
Darkly, replying to your first comment (which has only just popped out, sorry!) about selling to retailers: if you sell to a retailer, a passport would be needed because they are selling it on. You will have seen that now, every plant you buy from a proper retailer has a passport, as part of the label. So the retailer needs your passport, in order to produce their passport. However, anyone who is producing plants to sell on to a retailer is going to be producing them in large numbers (because that's the only way you'd make money, as the retailer will only pay you pennies for the plants), or producing high-cost plants, so they would be able to justify the cost of passports etc.
DeleteThe bit about "no money exchanging hands" was eventually allowed, to cover people simply giving plants to their neighbours - which, initially, was also to be covered by this law, believe it or not! Bear in mind that when no money changes hands, you are almost by definition talking about a very small number of plants, and a face to face transaction. Which they have grudgingly allowed.
Not sure how accurate it is but I read it at https://www.plantheritage.org.uk/conservation/conservation-cultivation-advice/plant-legislation/
Delete"If you send plants through the mail but without any money changing hands (except to cover postage and packing) you do not require a plant passport."
which if true goes beyond sharing with a neighbour and is purely about money and not disease control.
Two points here: firstly, I think they may be wrong: unless they have a direct quote and link to it, from the government site, then I would be wary of this advice. It smacks of wishful thinking! And any sales platform which takes a commission - eBay etc - take a very dim view of inflated p&p charges to cover "free" items.
DeleteSecondly, and more to the point, the number of plants which are going to be mailed around the country for "no money" is going to be vanishingly small compared to the number of plants which were/are mailed around the country for money.
And looking for loopholes like this is not the point: the point is to have records of plant movements so that when outbreaks occur, there is traceability and control.
Yes, I know this legislation is flawed, but it's the LAW and we must obey it. It has completely wiped out the plant sales side of my own business, so I hate it as much as the next person, but I have seen the devastating effects of Ash Die Back, and now of Box Moth Caterpillar, both of which were "introduced" to our safe, secure little island, when there were no controls, and now they are ravaging the countryside and our gardens, respectively. We are the people who shouted "something must be done!" and this is what the government are doing.
I have created a new article detailing some ways to continue selling plants despite APHA, it will be published on the 25th August, so hang on until then and see if any of my suggestions are helpful.