To get things started, below are a few marketing strategies you can steal from: Again, remember, marketing is never a said it and forget method. My understanding is that the facility cannot be on a residential property but there might be some exceptions and/or discretionary enforcement. I am new to Florida and live in an apartment, so a separate building is not possible at this time. Note, however, that some soap bases state their ingredients are sodium olivate or sodium palmate and those are the result of saponification of oil with lye even though there is not lye in the ingredient list. http://www.myfloridalicense.com/dbpr/ddc/documents/productregistrationcosmetics.pdf NEXT STEP: Confirm your subscription. My state is Florida. In a private Facebook Group specific to FL-based soapmakers, some of the members were sharing phone call experiences to the DBPR on the topic of whether the place of manufacturing to be permitted can be on your residential lot, or not (and not attached to the residence). on Etsy. The Florida regulation puts a damper on things since I live in Central Florida. Best approach is to put the ingredients on the package and tell people they should research any soap or cosmetic ingredients before purchasing (if they are unfamiliar). Tricky. The provisions for the approvals and registration have to do with manufacturing (so thats the mixing and filling). Selling Handmade Products (FAQS Series) - The Nerdy Farm Wife It apparently comes down to how establishment and is (as in is a place of residence) are being defined. What if I have someone make my products and deliver to me already packaged so all I have to do is apply a label. Heres mine, since I havent seen it yet. So long as YOU arent making the statements about your ingredients or products you arent specifically linking to statements about the properties from your product or ingredient descriptions, you should be okay. Would that be legal? Thank you. Get educated on good manufacturing practices (because thats really all they are looking for) and get them in place from the beginning. Anything that is applied to the human body for beautification, promoting attractiveness or changing appearance is a cosmetic. FDA does not have a list of tests required for any particular cosmetic product or ingredient, but you are responsible for ensuring that your product is safe when it is used according to labeled directions, or in the way it is customarily used. I am hoping that I can get away with renting a studio that is used SOLELY to store my ingredients and manufacture my products, and avoid trying to find a commercial space, which are considerably more expensive per sq ft. If you want an ultra hydrating scrub, use 1/2 cup oil to 1 cup sugar.You can also mix and match the oils. If you're selling online through Etsy or another marketplace like Shopify, there's no need for advertising as they'll take care of driving traffic to your shop. COSMETIC MANUFACTURER However, that is NOT the case now w.r.t. They would carry your label etc. The laws for small cosmetic manufacturers recently changed in Florida see Florida 2021-Changes to Cosmetic Manufacturers Law. If you are mixing up the soap from lye and oil, it meets this criteria. This may seem like a lot of work, but it will save you a lot of headaches in the long run. I believe the determining factor would be the suitability of the premises rather than where its located. Can I give them away instead of selling them and not need a permit? Shes dealing with all the paperwork and stuff down there. c. Sell cosmetics that are not adulterated or misbranded in accordance with 21 U.S.C. Thank you in advance 4. that is, a product is 1) primarily made from oil, lye and water (added stuff okay); AND 2) is identified as soap; AND 3) is marketed as cleansing (no other claims), then it is not a cosmetic and none of the cosmetic regulations in Florida apply (or at the federal level). Hi Assuming, of course, that it meets inspection and is GMP compliant. I believe that applies even if the products are private labeled for you, but you might want to check on that point to make sure. Question if im not selling or charging do i still need to register as a manufactor and what are my guide lines for only using not sellinh. First, you want to make sure the name is memorable and easy to spell. Thank you! Just as an FYI I reached out to the powers that be in Florida regarding a separate building on residential property and I was sent a response with a big fat NO that is not allowed. What is a cosmetic? Specific sugar scrub business-related content so you can keep up with trends, and consumer behavior over time. Ive tried to find what the laws are related to religious establishments, but couldnt find anything. Does any of this still pertain if you are only selling at farmers markets? Why cant I make what I want and sell wherever I want (and if I have to, not ship anywhere in FL??). I have a part of my residence that I used to rent out. When the product is a SOAP that is exempt from the definition of a cosmetic, then no licensing is necessary and it CAN be made at home. thats just the way the regulations are at the moment. However, we do take CIR reviews into consideration when we evaluate cosmetic ingredient safety.). or if it has the intended use to improve appearance or beautify in other ways than just cleansing. As a government agency, FDA does not provide referrals for private testing labs. Learn how to turn your passion into profit with these 11 easy steps to start a successful YouTube channel business. Do you have any information on this ? Thanks for the response Marie! Ive searched and searched. You are still responsible for making sure your ingredients are safe when used according to the labeling, or as they are customarily used, no matter what kinds of ingredients you use. PS If you receive them already made, packaged and labeled, you do not need a cosmetic manufacturers license. Im not sure what the regulations are for those who teach in Florida; the regulations I was discussing have to do with cosmetics manufactured for sale. 7. a seller's permit. I printed an application for a permit, and on one of the questions it asks: and let me know what happens! You dont have to register as a cosmetic manufacturer for non-cosmetic products. I am starting my Deodorant llc. Did they waive all fees yet? I dont exactly know how Florida interprets their laws in this case. Technically, Sunbiz isnt a phone directory. I will be opening a small retail bulk store in Florida. This is just too costly for a small home-based business. Are you aware of an issue? I would suggest contacting the state agency and seeing if you can get a helpful person to talk to you about whats needed. If its just to fizz in bath water and feel nice, that doesnt look like it fits the definition of cosmetic any more than pool maintenance chemicals would. The permits are only required for cosmetic manufacturers located in Florida. I just want to say THANK YOU SOOOOOOO MUCH for putting all this very useful information on here. Again, that would make you a commercial cosmetic manufacturer. Order . Technically, they are not applied to the skin. You dont have to be a certified anything in order to manufacture cosmetics, although you must show that you can manufacture cosmetics safely. So long as its exempt from the defintion of a cosmetic, you can make it in your home and sell it. No, cosmetics are applied to a human body. There was recently a successful move to remove the requirement (and cost) of registering all products, but removing the registration not that I know of. They probably dont have proper licensing. Step 3: Research and vet financing options. Thank you in advance. Do you know anything about the licensing and manufacturing issues related to these products? Do I need a license to sell my product? - Legal Answers - Avvo This will allow you to legally operate your business in your area. We heard a year or so ago, the governor said it was a mistakeand they were working on reversing the law (sorry if I am not explaining this in the way they said it, lol), but they were saying how badly it impacted the Fla economy, because the small businesses couldnt afford the fees, understand how to follow all these guidelines, the paperwork, etcso people left and moved, and went to states that were easier to work with. Once too many people are in violation of some law or regulation, the typical path is that it starts getting enforced before the fact. This is a short article to read- http://saintpetersblog.com/rick-scott-signs-bill-loosening-regulations-florida-cosmetic-manufacturers/, Here is the HB 211 law in full-https://www.flsenate.gov/Session/Bill/2017/211/ByVersion, Click on the hyperlinks PDF or 2017-51. For all of you that are just starting out, this is the end. For more information on finding jars please read my post How To Find The Perfect Jar For Your Sugar Scrub Business Here! Did you try to open cosmetics manufacturing in Florida? A local business license may be required (depends on the city and county in which you live). You had help me a lot with this information. Im curious about the specific regulations applied to soap. Javier. I would be sure to document it all so that theres evidence that its not being done in FL whatsoever. Such great information! A cosmetic is an article, with the exception of soap, that is: (a) intended to be rubbed, poured, sprinkled, or sprayed on; introduced into; or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness or altering the appearance; or (b) intended for use as a component of any such article. Any product that makes those claims that is not otherwise approved by the FDA is an unapproved new drug. Considering another state. FDA Rules & Regulations For Selling Handmade Goods Remember, when you are making soap (so long as it doesnt have cosmetic claims), then youre not making cosmetics so the cosmetic manufacturing regulations dont apply. But I also need to register for an EIN even though I will be the only employee? Im in Florida and I have a second home in Georgia. If you're just starting out and selling to family and friends, a sole proprietorship may be enough. Therefore I expect people there to take seriously the for cleansing, beautifying, promoting attractiveness, or altering the appearance phrase and start marketing products with disclaimers of cosmetic purposes. So I cannot make these in my kitchen? You may also need to do toxicological testing to fill in any gaps in the information thats available. However, manufacturers & marketers of a lot of products for application to the human body that arent for those purposes including massage oils, sexual lubricants, some aromatherapy products, some bubble baths have voluntarily been complying with cosmetic regs in the knowledge that: (1) theyre not very onerous; Develop a unique logo that represents yoursugar scrub brand. Tax-wise, you might be able to claim gifts from people who get your products, but the IRS is pretty savvy about getting around business income. I live in Fl. Be sure not to mix too much into each batch because then there won't be enough room left over in the jar once all ingredients including carrier oils plus fragrance oil has been added before sealing up container with lid on top tightly secured by screwing down tightly first then wrapping around once or twice with clear tape just below mouth opening where liquid could potentially. If so, would I just need a business license to sell. Powder tint for the hair would be a personal cosmetic, so the cosmetic regulations apply. If you purchase labeled products, then you are just selling so thats not an issue as far as I can tell. Seems so crazy but Im hoping I can avoid the craziness that Florida has. Best bet would be to call the state and see how they are interpreting it. If your cosmetics are marketed to consumers on a retail basis, such as in stores, or by mail order (including online), or by personal sales representatives (for example, door-to-door sales), they also must meet ingredient labeling requirements under the Fair Packaging and Labeling Act. Just to be sure I understood all of that: So just to make sure I understand this correctly I can add milk, exfoliates, and whatever else my imagination comes up with to my handmade soap but the label cant say that it moisturizes, exfoliates, helps with acne etc. Hi Marie, My second question is around policy and procedure forms. The FD&C Act requires cosmetic labels to identify the name and place of business of the manufacturer, packer, or distributor. If you are working under a business name, then youll need to register that with the State of Florida (dont have to if its in your own name). Easy Emulsified Sugar Scrub - Oh, The Things We'll Make! Its a large fee for the permit and I want to be sure we are properly prepared to go into this line of business. Im only using household ingredients like baking soda, salt, oils, etc.. Also, I was going to make bubble bars but I use SLSA sometimes and Cocamidopropyl Betaine (Coco Betaine) which is made from coconuts. In other words, people have been acting as if anything to be smeared on the body is a cosmetic if it has no drug purpose. I put no claims on anything, but still did it legal. Already have a Homemade Organic / Natural soap business in Florida and our customer are always asking about EOS. We left the state. The Florida statutes (499.012(1)(a) says: An establishment that is a place of residence may not receive a permit and may not operate under this part., Establishment means a place of business which is at one general physical location and may extend to one or more contiguous suites, units, floors, or buildings operated and controlled exclusively by entities under common operation and control. Lip balms are a cosmetic. So long as you are making finished cosmetics for sale to consumers (or wholesale and then to consumers) then you are not a cosmetic manufactuer. I just wanted to start off with thank you for doing what you do Marie. 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. Are salves considered cosmetics then? Am I missing something? Licenses start at $39 depending on your state. You may have local zoning regulations pertaining to where a business is located. There might be some legal ramifications if your RV is registered in Florida and you have no business or other residency in Georgia. Does that include melt and pour soap? I feel lost in the crazy rules in Florida, Ive found some people that charge a hefty hourly fee for consultation but I simply cannot afford to pay it!! Will all required records be stored and maintained at applicants physical address?