Plant & Garden Products Regulations: EPA Pesticide and Organic Certification Rules

If you're selling handmade plants, seeds, fertilizers, or garden products, you're operating in a heavily regulated space. This guide covers EPA pesticide rules, organic certification, fertilizer labeling, plant quarantine regulations, and what you actually need to comply with.

The Regulatory Landscape: Who Makes the Rules?

Plant and garden products fall under the jurisdiction of multiple federal agencies, each with their own enforcement mechanisms:

Federal Agencies Involved

EPA (Environmental Protection Agency): Regulates pesticides, herbicides, fungicides, and insecticides. If your product kills or repels pests or disease, the EPA is involved.
USDA (Department of Agriculture): Oversees seed quality, plant varieties, and quarantine regulations to prevent disease spread.
FTC (Federal Trade Commission): Regulates advertising and labeling claims. "Organic," "natural," and "chemical-free" claims are monitored.
State Agricultural Departments: Enforce state-specific requirements for seeds, plants, and pesticides.
CDFA (California Department of Food & Agriculture): If you ship to California, additional requirements apply.

The key distinction: If your product is a plant or seed with no additives or treatments, regulations are lighter. If you're adding anything—fertilizer, pesticide, coating—compliance becomes more complex.

EPA Pesticide Regulations: The Major Compliance Point

This is where most plant product makers get tripped up. The EPA defines "pesticide" broadly—it includes any substance intended to prevent, destroy, or repel pests or disease.

What Counts as a Pesticide?

✓ Insecticides (anything that kills insects)
✓ Fungicides (anything that prevents/treats fungal disease)
✓ Herbicides (anything that kills weeds)
✓ Growth regulators with pest-control claims
✓ Products marketed as "disease-resistant" or "pest-proof"
✓ Neem oil, sulfur, or other "natural" sprays with pest-control intent
✓ Beneficial insects marketed to control pests

The Registration Requirement (The Big One)

If your product is a pesticide, it must be registered with the EPA—even if it's a natural product. This is not optional. The EPA registration process requires:

Research Data:

Efficacy testing showing your product actually does what you claim. This costs $2,000–$10,000+ depending on testing scope.

Safety Data:

Toxicology and environmental impact data. For most small makers, this means using published data or contracting a lab ($5,000–$50,000+).

Application Fee:

EPA registration filing fees ($3,000–$8,000 depending on pesticide type).

Label Approval:

All claims, instructions, warnings, and ingredient information must be pre-approved by the EPA before you can sell.

Total cost to register a new pesticide: $10,000–$75,000+. This is why most small makers work with exempted products or partner with existing registrants.

EPA-Exempt Products (Your Route as a Small Maker)

The EPA provides exemptions for certain low-risk pesticides. These don't require pre-registration, but you still must follow labeling and advertising rules:

Minimum Risk Pesticides (40 CFR 152.25):

Products containing only approved ingredients (garlic, peppermint oil, neem oil, sulfur, spinosad, etc.) and making minimal claims don't require EPA registration.

Requirement: You must register with the EPA (free online form) and follow strict labeling rules. You cannot claim your product "kills" pests—you can only say "derived from" or "contains" the ingredient.

Beneficials and Microbials:

Beneficial insects, microbes (like Bacillus thuringiensis), and similar biological controls have lighter registration requirements but still need EPA classification.

The Labeling Trap (Where Most Makers Get Caught)

You cannot claim your product prevents or treats disease without EPA registration. Here are phrases that trigger EPA enforcement:

❌ "Prevents powdery mildew" → Pesticide claim

❌ "Repels aphids" → Pesticide claim

❌ "Disease-resistant variety" (if caused by treatment) → Pesticide claim

❌ "Kills fungus" → Pesticide claim

❌ "Chemical-free pest control" → Pesticide claim

Safe alternatives: "Derived from neem oil," "Contains sulfur," "For use with beneficial insects," "Works with Bacillus thuringiensis."

Fertilizer Regulations: AAFCO Standards and Labeling

If you're selling fertilizers, compost, soil amendments, or nutrient products, the EPA and state agricultural departments regulate nutrient content and labeling.

Federal Requirements

The Association of American Feed Control Officials (AAFCO) sets standards for fertilizer. States enforce these using an agricultural input labeling law:

NPK Labeling Requirement:

All fertilizers must display the NPK ratio (Nitrogen-Phosphorus-Potassium) prominently. "10-5-5" means 10% nitrogen, 5% phosphorus, 5% potassium. You must guarantee this analysis.

Ingredient Declaration:

List all ingredients by their common names, sorted by percentage. "Composted poultry manure 45%, peat moss 30%, perlite 25%."

Minimum Statement:

Your label must include net weight, manufacturer name and address, and recommended use directions.

Testing:

Most states require third-party lab testing to verify NPK claims (typically $200–$500 per product).

State Fertilizer Registration

Most states require fertilizer products to be registered before sale. Registration typically requires:

• Product label (as described above)
• Lab analysis certificate showing NPK accuracy
• Application fee ($50–$200 per state)
• Annual re-registration (in some states)

If you ship nationwide, register in your home state first, then in major states where you expect sales (CA, TX, NY, etc.).

Organic Fertilizer Claims

"Organic" fertilizer claims are heavily regulated by the FTC. You cannot claim "organic" or "natural" without third-party certification from an approved body.

Key rule: If you want to use "Certified Organic" on your label, your product must be certified by an OMRI (Organic Materials Review Institute) approved certifier. This involves:

• Certification fee ($1,000–$3,000 per product)
• Source documentation for all ingredients
• Annual renewal and audits
• Limited to approved ingredients (no synthetic chemicals)

Seed Regulations: Germination Testing and Variety Rules

If you're selling seeds (even packaged seeds you didn't grow), USDA Seed regulations require labeling, germination testing, and variety documentation.

Federal Seed Act Requirements

The Federal Seed Act (7 U.S.C. § 1551 et seq.) applies to any seed sold for planting:

Label Requirements:

Every seed packet must include: kind, variety, lot number, germination percentage, test date, and net weight. Example: "Heirloom Tomato, Cherokee Purple, 78% germination, tested 01/15/2024, 0.5 oz."

Germination Testing:

You must test your seeds for germination using AOSA (Association of Official Seed Analysts) protocols. Testing costs $50–$200 per batch at approved labs. You cannot sell seeds below the standard germination percentage for that species.

Variety Documentation:

For heirloom or specialty varieties, you should maintain documentation showing variety name, parentage, and characteristics. Some states require Plant Variety Protection (PVP) certification for patented varieties.

Noxious Weed Standards:

Seeds cannot contain certain noxious weeds defined by USDA. Testing ensures compliance.

State Seed Regulations (More Restrictive)

Many states have their own seed laws that are stricter than federal requirements:

• California requires specific labeling in multiple languages
• Some states require seed dealer licenses
• Certain states prohibit seeds of specific crops (e.g., agricultural varieties)
• Most states require AOSA lab testing through registered testers

Action item: If selling seeds nationally, check state agricultural department requirements for your top 5 markets.

Plant Quarantine Regulations: Moving Plants Across State Lines

If you're shipping plants across state lines (especially to California or Hawaii), USDA and state plant quarantine regulations apply to prevent the spread of diseases, pests, and invasive species.

Federal Plant Quarantine Rules

The USDA APHIS (Animal and Plant Health Inspection Service) regulates interstate plant shipments:

Phytosanitary Certificate:

For some plants (especially imported plants or rare varieties), you may need a phytosanitary certificate proving the plant is disease-free. This requires inspection by state agricultural officials ($100–$300 per inspection).

Restricted Plants:

USDA maintains a list of restricted plants (invasive species, federally protected plants) that cannot be shipped interstate. Examples: certain bamboo varieties, aquatic plants, and federally endangered species.

Packing Requirements:

Plants must be packed to prevent soil spread and disease transmission. Some states require soil-free growing media or certified clean soil.

California and Hawaii Special Rules

California and Hawaii have their own plant quarantine systems stricter than federal rules:

California:

Requires a California nursery inspection permit for commercial growers shipping plants into the state. If you're shipping TO California, your plants may need CDFA inspection.

Hawaii:

Extremely restrictive. Most plants require a Hawaii Department of Agriculture permit and inspection. Some plants are completely prohibited due to invasive species concerns.

Practical Guidance

If you're shipping only common houseplants or garden plants within the continental US:

✓ No phytosanitary certificate needed (unless shipping imports)
✓ Pack carefully with disease-free growing media
✓ Avoid shipping to CA/HI unless you've cleared specific plant varieties with their departments
✓ For rare or specialty plants, contact APHIS or state ag dept before shipping

Nursery Licenses and Plant-Specific Business Permits

Many states require a nursery license if you're growing and selling plants commercially, even from your backyard.

Who Needs a Nursery License?

If you grow or propagate plants for sale, most states require a nursery license. This includes:

• Growing plants in a greenhouse or nursery
• Propagating from cuttings or seeds for resale
• Reselling plants you've grown (different from reselling retail products)

Exception: If you're only reselling nursery plants without propagating or growing them, you may not need a grower license—just a regular business license.

Typical License Requirements

Application and Location Inspection:

The state ag department inspects your growing area for pest control, disease management, and sanitary conditions. Cost: $100–$300 for initial inspection.

License Fee:

Annual nursery license fees typically range from $100–$500 depending on state and growing size.

Record Keeping:

You must maintain records of plants grown, pesticide use, and pest/disease management. Annual reports required in many states.

Plant & Garden Product Compliance Checklist

For Pesticide/Disease-Prevention Products

Review product claims: Does it claim to prevent, cure, or repel pests/disease? If yes, it's a pesticide.

Check EPA exemption status: Is your product on the EPA's "minimum risk" exemption list? If yes, register for exemption (free).

Avoid prohibited claims: Never claim "kills," "prevents," or "treats" without EPA registration or exemption status.

Create EPA-compliant label: Include required warnings, directions, ingredient list, and net contents.

For Fertilizers

Get NPK analysis: Test your fertilizer for nitrogen, phosphorus, potassium percentages through AOSA-approved lab.

Create compliant label: Display NPK ratio, ingredient list, net weight, manufacturer info, and use directions.

For "Organic" claims: Get OMRI certification if using "Certified Organic" label ($1,000–$3,000).

For Seeds

Get germination testing: Test through AOSA-approved lab ($50–$200 per batch).

Create compliant label: Include kind, variety, germination %, test date, lot number, net weight.

Check state requirements: Some states require seed dealer license or have stricter labeling rules.

For interstate shipping: Check for prohibited varieties; avoid shipping unusual varieties to CA/HI without checking first.

For Live Plants

If growing/propagating: Get nursery grower license (cost: $100–$500 annually).

Ship carefully: Use disease-free soil/media; pack to prevent soil spillage.

For unusual varieties: Contact APHIS before shipping interstate if plant is restricted or imported.

CA and HI shipping: Check if plant is allowed; get permits if required.

Key Takeaways

Pesticide claims trigger EPA regulation: Any claim that your product prevents disease or repels pests makes it a pesticide. You either need EPA registration ($10,000–$75,000) or exemption status (free). Watch your language—use "contains" or "derived from" instead of "kills" or "prevents."

Fertilizers need NPK testing and state registration: All fertilizers must be lab-tested and registered with your state ($50–$500 per state). The NPK ratio you claim must be guaranteed.

Seeds require germination testing and federal labeling: Every seed packet must include germination percentage from lab testing, variety name, lot number, and test date. Some states add additional requirements.

Plant shipping is regulated federally and by state: Growing/propagating plants may require a nursery license. Shipping interstate requires attention to phytosanitary rules, especially for CA and HI. Unusual plant varieties may be restricted.

"Organic" and "natural" claims require certification: You cannot claim "Certified Organic" without OMRI certification. Simple ingredient-based claims need FTC substantiation.

Ready to Build a Compliant, Profitable Handmade Business?

TrueCraft helps you navigate regulations while focusing on what matters: pricing for profit and scaling sustainably. Track costs, automate compliance, and grow with confidence.

Start Your Free Trial