I hope i didnt discourage anyone out there Ive been researching setting up my business as a FL company, but after reading all this, Im also looking into setting up a workshop at the company in NJ. You cant have your manufacturing in your home. Create a page for each style of scrubs, and include product photos and descriptions that will encourage customers to buy. I have renovated it. You can also write checks from your checking account, which can be helpful for paying bills or suppliers. In Florida, there are many establishments that sell dried herbal bags, which I know how to make, and the customer follows directions to create their ritual bath. According to the state, the commercial kitchen can only be used for cosmetic manufacturing, no food commercials kitchen qualify. (The definition of part in this case is Part 1 of Chapter 499 of the statutes). Best, John Ray, Florida Cosmetic Manufacturers Coalition jray@johnrayconsulting.com. Big difference there! Well just the fact that I have to purchase them instead of making them myself is soooo wrong! If you say that it will moisturize, or do anything other than cleanse, then it is no longer exempt from the definition of a cosmetic. They were there taking photos, going through all my supplier invoices, it took them about 5/6 hours to totally comb over things, then they hand you a cease and desist notice. Add that to the label content if you want to explain. In administering the act, the Food and Drug Administration interprets the term soap to apply only to articles that meet the following conditions: weight They can target students, busy families, travelers, or people who don't have access to a washer and dryer in their home. Do those items fall under the cosmetic manufacturing requirements? There are a few things you should keep in mind when choosing a name for your sugar scrub business. A state tax id is probably required if you sell retail (for collecting and reporting sales tax) thats what craft fairs normally required. I will post the Ingredents later so you can help me decide. If I am, its sad because I want to produce handcrafted soap for online, craft fairs, etc, but dont have the income to rent a commercial facility. 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. You may find the answer. I was the only soap producer at the time that did this and it use to make me mad that the state didnt enforce it for everyone. Similarly, importers of cosmetic ingredients that are also classified as food products must meet the registration requirements of the Bioterrorism Act of 2002. What is required if I want to start a lip scrub business. Is MP soap a soap or cosmetic? Before moving here I just started making and selling salve. The key is the definition of soap from the regulations it has two parts: 1) If the bulk of the non-volatile portion is the alkali salt of fatty acids (that is, it is made with lye & oil) it is considered soap. For example, a 16 oz container holds 2 pounds of sugar scrub which might sell for around $10 retail (or wholesale if sold to a store). I have learned so much reading all of this, so thank you. This allows you to pick the cheapest days to fly if your trip allows flexibility and score cheap flight deals to Grenoble. What is NOT a manufacturer? Hello Marie, I can make soap (water, lye oil) and add whatever I want to it & bypass all of this mess just by labeling it as soap, making absolutely no claims. SO many shops sell homemade soaps, lotions, scrubs, serums without proper labels, let alone proper registration and licenses. So I truly thank you for clearing everything up. Its in the Florida Statutes, section 499. So I started making my own beard oils and balms. Florida requires the business register here, so they can potentially collect sales taxes for products sold retail within the state. Sorry I didnt get Maries question answered. Here are some of the ways in which a cosmetic can become adulterated: The same requirements for safety and labeling apply to all cosmetics, no matter what their source. You do need to be licensed as a cosmetic manufacturer to make those products in Florida. In answer to your first question I dont know what the State of florida would think about your manufacturing in AL. I doubt it; the regulations prohibit cosmetic manufacturing in a residence. In that case, the cosmetics are being sold and a permit would be required if you are making the cosmetics in Florida. I started making soap and I am afraid it may fall under the cosmetic law. Only cosmetic manufacturers are limited to not making products in a residence. Yes, thats true. Hello I live in Florida I want to make a face oil for myself and friends and give it away just to see how well it does. I registered 63 products and spent over $2000 just to get it done. But can I make soap (for Cleansing) from home and sell it from home? I allow $1.00 for the cost of each tin itself plus the paper and ink to label it. They said the regulations only apply if you do not sell on line and they can make these products from their home and resell locally in their community. This would be prohibitive for me. Any business can purchase packaged cosmetic products to sell on their website, in person, to stores, etc. I am new to Florida and live in an apartment, so a separate building is not possible at this time. Youre a gem on here for us!! The items will be labeled as soap and bath bombs. Shampoo bars would be considered cosemtics. Can I buy them in bulk and repackage in smaller quantities if I use the companys name that manufactured them? Its from Stephensons if that helps any. In most other states you CAN make cosmetics to sell in your home. It can be done but its a challenge. Whether things like lip balms or bath bombs qualify as moisturizers is still unclear. Unless you call it something other than soap (shampoo bar, exfoliating bar, etc) OR you make cosmetic claims for it, it should still be classed as soap, not a cosmetic. Also, a bath bomb is probably primarily other ingredients than the soap, so it wouldnt be exempt from the definition of a cosmetic because of that as well. 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. The only info I could find that a facility could not be the residential type of property. From my understanding, the oils are not considered cosmetic but lotion is. 4. I would be purchasing bulk dry items (flour, sugar, frosting) and sending them in a box with a recipe. For the next 12 months, we plan to do hand made lots of our products and will only set up our manufacturing equipment (portable induction burner, roll up silicone work surface cover, dedicated kitchen tools, etc) once a week or so to make a new lot of product between working on other, non-cosmetic products with our main s-corp (separate from the body product llc). So I source a legal supplier, and simply re-label for my business. I can see it going either way. Luckily Florida doesnt have income tax, but I dont know what other taxes in Florida and/or New Jersey would be applicable. You might have some licensing or zoning issues in your town or county (for example, having a business in residentially zoned area). If the appraiser considered it a commercial outbuilding and the county is taxing it as such, you might have good grounds for getting okay to manufacture cosmetics there. 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. lotion bars scrubs (salt and sugar) We definitely recommend advising your accountant before making any final decisions. I completely understand having to have a separate facility to manufacture in, my question is this, although we technically can not manufacture cosmetics within the residence, can we have a small facility set up on the same property unattached? STEP 4: Obtain All Sugar scrub Licensing Here. This is crazy! And, of course, if you get caught youll probably have a MUCH long road to getting finally certified and approved. Furthermore, new business owners need to be realistic about their goals and expectations. I know this refers to just Cosmetic manufacturers. I will make them myself. I am making various sized bottles and was just going to label them Bug Spray and list the ingredients. (, The bulk of the product is the alkali salt of fatty acids (lye/oils soap); and, The cleaning properties come from the alkali salt of fatty acids (not from any added synthetic detergents); and, No other claims than cleaning are made for the product. Thanks for that info! Do I have to have two business. Ready to Eat Foods and Drinks. I assume when you are talking about the FDA here, you are referring to the State of Florida licensing for cosmetics? Doctoral Degree. Either way, they are going to be looking for things that could cause your products to become adulterated or misbranded. I have been searching for the FL regulations. I live in Florida. Melt and pour soap may or may not be a true soap (and meet the exemption criteria) youd have to check with your supplier for the formulation of the soap you use. That tax can really up your product costs. Powder tint for the hair would be a personal cosmetic, so the cosmetic regulations apply. You can use that number for your business instead of your own social security number. I dont know about using CBD in Florida. Shes dealing with all the paperwork and stuff down there. Answer:Yes, you need a couple of licenses: For example, to Buy Wholesale, or if selling Body Scrubs, you need a SELLERS PERMIT. This is where Im getting confused. Thank you very much. This will allow you to legally operate your business in your area. Suspension or revocation of a federal, state, or local government of any permit currently or previously held for the manufacture of cosmetics. Thinking of tourists, travelers, boutiques, hair salons, health food stores, etc. I definitely decided to stick to making soaps, but I was wondering if I could describe the soap as mild? I want to open a business in FL to offer workshops of soap making, lotions, mist, etc. Selling cosmetics that are already packaged is a completely different thing. Shower steamers are sort of borderline. Like buy 3 soaps and get a free bubble bar? Hi Marie! Does this make sense? Rinse with warm water. Do I need a permit or license to sell body scrubs at a farmers market? Literally. Also wondering if I have any more range in how I market it as any claims would be in the area of metaphysical benefits not physical healing or body claims? What about if I have a true soap that I would like to call Sugar Scrub Soap because I put sugar in it but Im not claiming it as an exfoliant? If you are making soap that fits that definition, then it does not fall under cosmetic registration requirements in Florida. I would have jars of different oils and essential oils for them to mix themselves with a percentage recipe for them to follow. I really dont have the funds right now to rent a commercial space to do all this. (If yes, an Over-the-Counter Drug Manufacturer permit is required). They would carry your label etc. Youd have to check with the inspector. If you purchase lotion or cream, for example, in bulk quantities and then repackage it into smaller bottles that have your label, I believe you still fall under the overall label as a manufacturer, but again, check on the regulations to be sure. The list of best things to do in Auvergne-Rhne-Alpes includes sightseeing, pretty towns, history, and natural wonders! STEP 3: Sugar scrub Retailers/Wholesalers Need a Seller's Permit. Prohibited and restricted ingredients: Violating the restrictions on the use of these substances makes a cosmetic adulterated. Sorry, I cant help with that. But there isnt an INCOME tax in Florida. Im incredibly surprised and grateful that this thread has lasted this long. 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). A seamless linoleum floor could be a cheaper alternative but not sure if its FDA approved. That may be due to the interpretation of the inspector, or it may have to do with the actual facilities. Our Site does not include all software companies or all available vendors. However, state or local authorities may require licensing or have other requirements you need to know about. I live in NJ and moving next month to Florida. I dont have much on Tennessee what I do have is on my States page. If your business in Georgia is legally making the products, then the product are legal to sell in Florida. The good news is that you do not need to notify the Department of Business & Professional Regulation or the Division of Drugs, Devices and Cosmetics before you start making products. As a government agency, FDA does not provide referrals for private testing labs. I do have a question that hasnt yet been asked. So long as you dont OPEN the packages, you dont need a permit. But if the purpose is as a decongestant or other medical reason, then it is a drug. Remember, however, that not all personal care products are regulated as cosmetics under U.S. law. Depending on how technically savvy the city or county is, you may be able to find a zoning map and the regulations for each zone on their website. Name, business name and address, telephone number. and let me know what happens! The best way to find out which licenses and permits you need is to contact your local business licensing office or chamber of commerce. 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. Youll likely already have worked on a bit of your marketing plan during the build out of your business plan, but now youll take a magnifying glass to your strategy and plan out how youll obtain your first few customers. Even so, the regs are the regs. Hi. You would need to meet the cosmetic record-keeping requirements and other stuff.
