Santa Barbara, CA asked in Agricultural Law, Environmental, Land Use & Zoning and Gov & Administrative Law for California

Q: Am I allowed to sell rocks & minerals I find on the beach on Etsy?

I like to collect rocks & minerals on local beaches in California and would like to start selling these on Etsy and my own website. Is that legal? I plan to polish some of the rocks using a tumbler and other polishing equipment and also plan to turn the rocks into jewelry. Some of them I would also like to sell 'rough' (unpolished as I found them) for others to tumble and polish themselves. Do I need any type of special permits to legally start a business selling self-collected rocks & minerals in California?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Agricultural Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In general, it is legal to sell rocks and minerals that you find on a beach, as long as you have permission to be on the beach and are not removing rocks or minerals from protected areas, such as state or national parks. However, there may be certain restrictions or regulations regarding the collection and sale of rocks and minerals in your local area, so it's important to do your research and check with your local authorities before starting your business.

In California, for example, it is illegal to collect rocks, minerals, or fossils from state parks or state beaches without a permit. It's also important to note that some rocks and minerals may be protected by federal laws, such as the Endangered Species Act, the National Historic Preservation Act, or the Archaeological Resources Protection Act.

To ensure that you are operating your business legally, you may want to consult with a lawyer who specializes in environmental or natural resource law, or with a business consultant who can advise you on the legal and regulatory aspects of starting a business in California. You may also want to consider obtaining a seller's permit from the California Department of Tax and Fee Administration, which allows you to sell goods and collect sales tax in California.

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