do you need a license to sell sugar scrubs

The HSCG has a petition in to the FDA to allow it. Had to refund everyone and move my home, my facility, my family out of state. Yes. Florida Regulations physical facility requirements of smooth floor and smooth ceilings. I assume when you are talking about the FDA here, you are referring to the State of Florida licensing for cosmetics? Tell please, and if soap has flavor orange or the other flavor, i.e. Wouldnt be surprised if these regulations of cosmetics were made by the giant corporations who already have all the money to protect their empire from falling. Mail or deliver the application and all required attachments to: Is it possible to give me one example of a small soap company making their own handmade soaps and creams with a state license? The requirements are covered in Florida Rules 61N-1.010. Thank you very much. Some personal care products are regulated by FDA as medical devices or as dietary supplements, while others, including some soaps, are regulated by the Consumer Product Safety Commission. May I Use t hat area as a place to make bath bombs for resale. Now, we're at $7.00 per tin. I didnt planned on saying spray on clothes and body. You can use that number for your business instead of your own social security number. how i just learn alot just by finding your page! Of course this means that I will not be able to sell my cleanser on Etsy or anywhere else, but I was wondering if I could manufacture my cleanser (its only four ingredients) in my cousins house in North Carolina, have her send me the unlabeled jars, and then just label and sell them here from my home on the internet. Its an unfortunate law for the small handcrafted soap/cosmetic maker. Or I keep just one in NJ and pay all sales taxes to NJ state. I intend to read your good manufacturing practices book, but I wasnt sure if that would give me info on what they are looking for in the inspections? Zoning restrictions are usually handled at a city or county level. If you make less than $25,000 in annual gross sales, you do not have to get a cosmetic manufacturer permit. Hi Marie, And as far as the fees go, well if there is a $950 application fee, it should be worth your while other wise dont sell or make that product. The items will be labeled as soap and bath bombs. Im ok with going back to Pa once a month and setting up business there for making product. Thank you again for this blog!! These tubes are used so other people can put lip oil or lip gloss in it. You should contact the state for additional information if you are planning to go ahead. If you are working with a reputable and experienced manufacturing company, they should be able to walk you through all the requirements. Step 3: Research and vet financing options. Cant hurt to try! Would they be considered cosmetic? Note: When you're first starting out your sugar scrub business, you can definitely use your personal phone number and email address, but as it grows, be sure to look into other communication options! However, savings accounts typically have lower interest rates than checking accounts and may have withdrawal limits. I also sell loose organic tea. You cant have the manufacturing in a residence. If you want to say the products are organic you probably need to be a certified organic producer under the National Organic Products program (under the USDA). So would moisturizing salt/sugar scrubs as they are also cosmetics. We have to get the word out to people who have no clue what they are doing to their bodies. If i work with a FDA approved manufacturer facility that will help to create the product I desire, will i still have to do anything as far as permits? Soap is exempt from the definition of a cosmetic, IF it is 1) the alkali salt of fatty acids (made with lye and oil), AND 2) is identified as soap AND 3) only claims to clean. A free gift must be a FREE gift. Youll have to check locally to see what ordinances apply. Thank you so much for your help! Animal testing is not a specific requirement for marketing a cosmetic; however, whatever testing you rely on should be scientifically sound. I planned to make mosquito repellent using essential oils to sell. Any lotion or cream IS a cosmetic, regardless of what label claims are made about it. That being said, if you are purchasing the products packaged, and are selling them under your own label, you dont qualify as a cosmetic manufacturer in Florida. Add decorative micas, colors? Living near the GA border I plan to take my RV across state lines to manufacture, package, and label my products before bringing them back to Florida. Do I have to have license for every single kind of soap: ie: goats milk, olive oil, oatmeal, aloe Vera bases? This includes, for example, making sure that all your labeling is truthful and not misleading. However, state or local authorities may require licensing or have other requirements you need to know about. A commercial kitchen covers many of the requirements but not all. I just moved to FL. If I were to make a liquid soap that contains no Lye, but contains oils and xanthan gum as a thickening agent, would this still be classified under soap? However, cosmetics must not be adulterated or misbranded. Thank you so much for making things easy to understand! I could also purchase handmade lotions wholesale from someone else in another state and be allowed to sell them here in Florida with my handmade soap. I asked these questions because based on what you tell me and recommend, I would know what should not probably sell. Looking to begin the registration and inspection process soon. Start and Grow Your Side Hustle or Dream Business withZenBusiness for $0 plus state fees. We need your stories and accounts ( all confidential) of how tough and confusing it is to be a cosmetic manufacturer in Florida. I know I called at least 20 states during this time, and none of them cared what you did. So, to name the product, you could use some sort of creative name Peppermint Passion, for example. No cosmetic claims no claims that it will do anything more than clean. . If I live at one address and rent a tiny studio apartment at a completely different address and use that studio solely for manufacturing, is that OK? 2. I submitted my application and stated that I didnt have any typed procedure forms because I am a one-woman show and I dont need to write down what Im doing because Im not going to forget. If l produced, packaged and labeled in another state and just brought back to sell could l get in trouble.no answer? small cosmetic factory in USA. Thank you! I just want to sell soap. Cosmetics do not have to be sterile, but they must not contain any harmful microorganisms, and the number of aerobic microorganisms per gram must be low. TV/Newspaper: Though this may seem like a basic tip, watching the right TV shows and newspaper headlines can save you a lot of time. I live in Florida. i dont really add anything into them other then scents and color. I appreciate your assistance! 11 Reasons Why You Need Labels for Your Sugar Scrub Products Of course, the point could be argued either way. The items would be delivered to me, I would put labels on them and mail them to purchasing customers. So if I make a facial soap and I label it soap for the face would that be ok as well? If you say much else about it, then it will probably become a cosmetic. Obviously that means making the products in your HOME is not acceptable. But do I need another liscence to sell the soap? There's no need to use shower gel or soap following your scrub. All of these regulations are so confusing. They offer free templates which makes it easy whether you are designing your own label or printing mailing labels. For extra hydration and smoother skin, let the scrub sit on your body for a couple of minutes before rinsing thoroughly. Keep in mind that if you are manufacturing OUTSIDE THE US, then the FDA will scrutinize the products when they are imported. Cosmetics include scrubs, creams, lotions, serums, bath fizzies and bombs, oils, bubble bath, shampoo, make-up, bath salts, bath milk, bath tea, masks, etc. Opening abusiness bank account for your sugar scrub company can be a daunting task, especially if you're not sure what you're doing. While it is true that glycerine is a byproduct of saponification and that it is a humectant once you make claims that the soap (or one of the ingredients) will do something more than clean (as in, in this case, moisturize or keep moisture on the skin) then technically the soap is no longer exempt from the definition of a cosmetic. First, you need to make sure that your melt and pour soap qualifies as soap. How about aromatics? Hi Everyone, properties of the article are due to the alkali-fatty acid compounds. You can read the actual requirements in Florida Rule 61N-1.010. If you make more than $25,000 you are not exempt and you would need a permit to make body butters no matter what you say about them because they are a cosmetic. Products that are not applied to the human body are not cosmetics. Also, give them more information about what it contains. Have you included evidence of $100,000 bond security required by 499.012 (2) a or c Drug Controller General of India. Sorry, I cant help with that. We live in Florida about 30 miles from the AL state line. When you register as a manufacturer, you explicitly give permission to the state to inspect, monitor and investigate (during business hours) to ensure you are following the regulations. If you're just starting out and selling to family and friends, a sole proprietorship may be enough. Ingredients soap base: Olive Oil (Grade A Extra Virgin), Coconut Oil, Palm Oil,Safflower Oil, Glycerine (Kosher, of Vegetable Origin), Purified Water, SodiumHydroxide (Saponifying Agent), Sorbitol, Propylene Glycol (Made from VegetableGlycerine), Sorbitan Oleate (Emulsifier), Oat Protein, Titanium Dioxide. What is NOT a manufacturer? From what Ive read I can make soap using water, lye, and oil from my home and sell it in the state of Florida. Hello, I want to start making and selling my own brand hair products that will initially include shampoo, conditioner and keratin treatment, I already have the manufacturer that will make the products for me, I will only sell my own brand of cosmetics online. Remember, however, that not all personal care products are regulated as cosmetics under U.S. law. In addition, that means that the restriction on making cosmetics in a residence does not apply (since it is part of the permit requirements). I read the section on melt and pour and from what I understood soap must be free of detergents? Ill be so sad if I cant do it. In order to be exempt, the bulk of it must the the alkali salt of fatty acids, and it can only be labeled, marketed and sold as soap. Thank you so much for your help and all of the time and care that you have spent answering these questions!!! And then some detergent properties would come from the Sodium Laureth Sulfate, which is a synthetic detergent. A company (with all the registration and such in place) makes the product for you, complete with seal and label. So long as you dont OPEN the packages, you dont need a permit. This article has been very informative, and youre graciousness to answer questions in the manner that you do, doesnt go unnoticed. Where are all of the locations and ways to sell, not requiring the licensing, permits, fees, (being exempt)? This will allow you to legally operate your business in your area. I think it would depend on whether you can meet the standards for good manufacturing practices required for the inspection. Two people recently told me that the can make butters and scrubs in Florida for resell at markets and events as long as they do not have a website. My second question is around policy and procedure forms. I want to be sure that this true even if I add some ingredient like parsley or avocado or honey or whatever but dont claim for their properties. So if your soap is lye, water and oil, then the non-volatile portion consists principally of an alkali salt of fatty acids. The state looks at everything from good manufacturing processes to the manufacturing area, storage area all the labeling and they do read the entire label so that needs to be setup correctly. If I include products in my soap that have moisturizing properties but do not advertise that they moisturize am I exempt? Wow, that is a really awful tale. Ive been scouring the Internet trying to find details, to avoid trying to contact anyone with the state. The labeling regulations cover the misbranded part. The different sections are in Word documents that need to be downloaded separately. I am trying to find a way around not being able to produce my products at home. a lotion or cream to treat acne or reduce itching). A federal trademark is important if your business will do business across state lines. and I would supply the materials needed to make them and we all make it together. what about other processed soaps? If so, would I just need a business license to sell. However, if i am not required to registered/licence, and if i get insurance (to protect myself) would that be sufficient? Yes, bath salts and sugar scrubs are cosmetics. Some people prefer less abrasive scrubs while others crave exfoliation so give them options if possible! If you arent actually making (or repacking) the cosmetics in Florida, then no manufacturing license is needed. ", Microbial contamination: Cosmetics are not required to be sterile, but microbial contamination can pose a health hazard, making a product adulterated. Thank you! And, of course, you need your business registration, tax filing and all that normal business stuff. Of course, these are the same rights that the FDA has over ALL cosmetic manufacturers, so those who live in Florida shouldnt think theyve been singled out on the enforcement issues. So if the item has a seal on it, they can relabel it without a permit. You should check with the state for the requirements. I dont know what if there are any restrictions that apply to professional products used and/or made by cosmetologists in Florida. Visit Lyon. Im located in Florida and am attending an event where people will be buying and selling. I dont know about using CBD in Florida. Hello, I live in Florida. Answers to some common questions about "organic" cosmetics are available on our website under Organic Cosmetics.. No. Face Soap with ingredients listed on the back. (Shea butter, yes, but not moisturizing). You might have some licensing or zoning issues in your town or county (for example, having a business in residentially zoned area). My batches are not going beyond three pounds at a time, this includes my soap loafs. I have a few questions that you may be able to help me with. You do need to be licensed as a cosmetic manufacturer to make those products in Florida. (See the. Thank you! Hello, Im planning on opening an Organic skin care product online business. The new drug approval process is long, complex, and expensive (think about how much a company goes through to get any new drug on the market. I know that will not work in the state of Florida. Glycol, Coconut Oil and Triethanolamine are the largest percentage ingredients. So I will call next week since after 2 days she hasnt called me back. I took my time to read through this thread and I have a question that I dont think was answered. Could be the BUILDING, could be the PROPERTY. Checking accounts are easy to open and offers a variety of features and benefits that can be helpful for businesses. (310) 455-6675 * * * Follow these 11 steps to start a profitable business and watch your success soar. At a federal level, bug repellents are overseen by the EPA (Environmental Protection Agency). We also have a home in Florida, ( we are in florida 4-5 months out of the year) If I make and label all my products in Georgia, can i sell them in Florida? However, "Good Manufacturing Practice (GMP) Guidelines/Inspection Checklist" is a list of factors an FDA investigator will look at during an inspection. If I make soap with goat milk at my home, can I sell it at craft shows as soap and not get in trouble? Some cosmetic labeling requirements are regulated by other federal agencies. To learn more, see Key Legal Concepts: Interstate Commerce, Adulterated, and Misbranded. My state is Florida. Then would it be legal since your not actually manufacturing? Sellers need to obtain licence from FDA ( Food and Drugs Administration ) for hand made cosmetics . Since salves are applied to the human body, they are either a drug or a cosmetic in Florida and everywhere else. Its my understanding that we have to have permits too, no? It is not covered by the Florida cosmetic manufacturer regulations. All you have to do is to mix melted coconut oil with green tea and add some ginger root sugar or coffee grounds in it. Are the sprays considered cosmetics? I like to use a little less than 1/2 cup oil per cup of sugar. (r)Cosmetic manufacturer permit.A cosmetic manufacturer permit is required for any person that manufactures or repackages cosmetics in this state. I had no idea of the laws in FL until I started researching on what legal steps to open up bath buisness. Hydrating and moisturizing healthy cells instead of dead cells can promote smoother, softer skin. Apparently this company sells alcohol for non-beverage uses. Hi, Im wondering. Ive done a blog post to answer it:GMP Requirements for Manufacturing Facilities. If your business in Georgia is legally making the products, then the product are legal to sell in Florida. Hello, I create oils for pain and other purposes. Do I Need A License To Sell Body Scrubs Part Three 3 Of 6 Body Scrubs What if I have someone make my products and deliver to me already packaged so all I have to do is apply a label. If you are mixing up the soap from lye and oil, it meets this criteria. So in Florida, in order to make (manufacture) cosmetics and lip scrub is a cosmetic you must get a license as a cosmetic manufacturer from the state, pay the fees and get inspected. On the other hand, it IS a searchable directory and is easily publicly available and findable and the FTC determined that that would meet the requirements of the Fair Packaging and Labeling Act. Could I have someone from out of state ship them to me and then label them or would that be a nono? . Also application page 8 section VII Manufacturing Activities requires written policy procedures to be included in the filing of the application. We had to have an engineer draw up the design for the slab alone. If I am selling essential oils for use in diffusers would this be under the same laws? it (the product) and you cannot even sell it, until they approve it (and they are sloooooooooow). The facility/space has to be totally located in a different area than the residential property. If your soap is exempt from the definition of a cosmetic thats right. From my point of view, Product registration is nothing compared with the actual facility requirement. No cosmetic claims for the product OR the ingredients. Is there a lobby or special interest group that we can join to push further changes in these Machiavellian cosmetics regulations in Florida ? This allows you to pick the cheapest days to fly if your trip allows flexibility and score cheap flight deals to Grenoble. Partner. The labeling you described is basically correct. Can I label my cosmetics natural or organic? Making soap is not covered by the Florida cosmetic regulations, so there are no applicable provisions about where you can (or cant) make it. In general, when it comes to alcohol, the typical rule is that if it is no longer consumable for the alcohol content, you are okay to use it. A person that only labels or changes the labeling of a cosmetic but does not open the container sealed by the manufacturer of the product is exempt from obtaining a permit under this paragraph.. Would this application fall under this law? i would list everything thats put into the soaps and other products Can we make those as well? Hi Marie! I was so excited to start fresh here in FL and actually build my business but its sounding like the $$ involved in the uber expensive permits/licenses and the added expense of outside (the home) workspace on top of the cost of starting a business and product costs Im feeling like this is the end of the road, before it truly ever started. Its unfortunate that regulations often dont make sense! Is there anything I should know or do first? Not being an attorney, and not having some insight into how the State of FL is interpreting it, I dont really know whether a separate unattached building on the same property as a residence would be considered a place of residence or not. A cosmetic manufacturer cannot make consemtics (including bath bombs) in a residence. My other concern are spiritual businesses. In order to be exempt from the definition of a cosmetic it must be an oil/lye/water based soap AND marketed and sold only as soap. The soaps make no claims but do not contain lye as we use only water, coconut oil, oils, etc. So, I will focus my business on what does not need a license. Why cant I make what I want and sell wherever I want (and if I have to, not ship anywhere in FL??). Meantime, I will say that the criteria for the space and the inspection are generally based on good manufacturing practices. Its also important to stress the importance of decisions and only make the decision you believe is the best fit for your current situation. The law was changed in 2017 and that portion of it was removed. Soap, so long as the bulk of it is the alkali salt of fatty acids (lye/oil/water) AND it is marketed and sold only as soap, isnt a cosmetic. So long as you are not manufacturing, you dont need to deal with the regulations covering cosmetic manufacturers in Florida. You really are wonderful to spend so much of your time helping others. 1. I havent seen anything definitive from the State of Florida. Thank you so much for your time and help, and again, my sincerest apologies if this is the same, or similar, to a question already asked and answered. That is, you arent actually MAKING anything in Florida. The definition of a cosmetic says except soap. Presumably, the federal defintion of exempt soap is used here, which is: Products which are intended to alter the function or structure of the body or to treat, mitigate, or prevent disease are drugs, even if they are in the same FORM as a cosmetic (i.e. SO many shops sell homemade soaps, lotions, scrubs, serums without proper labels, let alone proper registration and licenses. Do you know what is legally considered an acceptable facility for manufacturing or is it just anywhere that is not a residence? There seems to be some consensus that they will allow a separate building on a residential property, but thats not written in the regulations so may be up to interpretation by the inspector. where the ingredients are literally in almost everyones kitchen pantry, you cannot sell them without a permit and you cannot obtain a permit because youre making them at home.
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