I wouldt be making things per sey, but mostly decanting. The Division of Drugs, Devices, and Cosmetics has an official application form that must be submitted. I am in the process of writing another blog post about Florida Regulations to bring the information up to date it should be ready in a week or two. I just want to sell soap. From my point of view, Product registration is nothing compared with the actual facility requirement. The definition includes things like make-up, shampoo, lotions, creams, lipstick, lip gloss, beard oil, shaving cream, bubble bath, etc. You should check that out as well. If you are making a non-cosmetic soap that is, a soap that is exempt from the definition of a cosmetic, then you dont have any legal requirements or restrictions at the state level. In that case you would be more like a distributor or retailer. I have big plans to grow my business, but I am starting with the lean start-up method so I am launching with essential oil roller bottles only I have 15 variations. It really depends on how you market the tattoo balm and what it is intented to be used for. It has been verbally confirmed that the this applies to sales of cosmetics, not sales of other products. Why couldnt Rebecca just have Distributed by on her label. Would I need a license if I decide to make my own lip gloss or lip scrub and sell them online? If you make less than $25,000 from cosmetic products, you may be exempt from the licensing and registration, but you can only make lotions, creams, moisturizers and soap. But one of the most important things you need to do is set up a proper accounting system. If the product is never touched, then it is just relabeling and a permid is apparently not required. 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). I had just finished getting all my labeling stuff and shipping info together, when I decided to give the Fl. You can get it at Amazon.com here. Hi Marie, To register your business, you'll need to file the appropriate paperwork with your state's Secretary of State office. I am just starting out my business in Florida. They would be in New York. I launched at 2 different festivals in Florida and I have just now learned about these ridiculous rules and regulations. There are two types of approvals over the counter and new drugs. Is it okay if I purchase ready-made soap (wholesale) to repackage and sell to customers? I am a licensed massage therapist and often blend massage oils and lotions with different essential oils to use in my sessions. I doubt you can give them away with soap, because purchase is required in order to get the product so they are essentially buying the product. The departments authorized officer or employee may enter and inspect the premises of an exempt cosmetic manufacturer to determine compliance with this chapter and department rules, as applicable. But that cosmetics manufacturer isnt registered or legally domiciled in Georgia and there is no proof that it exists (or that you exist in Do I need to get a license from FDA to manufacture or market cosmetics? I am new to Florida and live in an apartment, so a separate building is not possible at this time. If that doesnt work, try going to your local state representative to see if you can get some help. if she would mail me the products once a month. FDA has not defined the term natural and has notestablished a regulatorydefinition for this termin cosmetic labeling. 1940 North Monroe Street soap that wasnt already not a cosmetic (that is, it was already exempt from the definition of a cosmetic). No, cosmetics are applied to a human body. Just like any other state, Florida has business and tax regulations that apply to all businesses. Does any of this still pertain if you are only selling at farmers markets? (30) Manufacture means the preparation, deriving, compounding, propagation, processing, producing, or fabrication of any drug, device, or cosmetic. Florida Department of Business and Professional Regulation 2) the layout plan for manufacturing cosmetics has to be approved by the authorities If you purchase products to sell (handmade, homemade or not), then you are just reselling product like any store or business so the cosmetic manufacturing regulations dont apply. Hello, Your blog is very informative. COSMETIC MANUFACTURER Laundry soap bars are not cosmetics theyre household goods, not intended to be applied to the human body. Do you really need to find a place outside the home to manufacture them if you are not making claims that would identify them as a cosmetic per the terms you posted? 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. Heres the ingredient list. Read it all the way through or use these links to jump to specific sections: The current Florida statutes covering cosmetics are in Title XXXIII, Regulation of Trade, Commerce, Investments and Solicitations, and particularly, Chapter 499, Drug, Cosmetic and Household Products. You may have local zoning regulations pertaining to where a business is located. I would be purchasing bulk dry items (flour, sugar, frosting) and sending them in a box with a recipe. Answer: Hi John, you do need a seller's permit County Metro Government because if you sell Cosmetics, you will need the seller's permit to buy items wholesale. Go to https://www.flrules.org/ and then search for Cosmetic. Voila! (1)(a) A permit issued pursuant to this part may be issued only to a natural person who is at least 18 years of age or to an applicant that is not a natural person if each person who, directly or indirectly, manages, controls, or oversees the operation of that applicant is at least 18 years of age. They even looked at the product name to make sure I wasnt adding any types of drugs. A rich text element can be used with static or dynamic content. I also want to sell this online and it seems with the manufacturing rules, I would still have to get a license and a place. Correct about manufacturing at home if you make any cosmetic product (lotion bars, lip balms, bath bombs, lotion, cream, bath salts, etc.) I make bath bombs and soaps. 2. 361 and 362. d. Sell cosmetic products that are stored on the premises of the cosmetic manufacturing operation. Make customers find your products in stores much easier thanks to your labels. Sell at craft shows and expos in FL. Assuming Florida is using the definition provided in the federal regulations: Note that these types of soaps fall within the allowed products under the permit exemption, so if you have less than $25,000 annual sales, you can make these types of soap (which are not otherwise exempt) under the permit exemption. You can make body butters and claim that they are moisturizing. Some craft shows required tax id # to participate. If its used to beautify or improve appearance (soften, moisturize, exfoliate, etc) then its a cosmetic. Is it ok in FL? Im wondering if a residence had an attached apartment that was its in dwelling, if that would meet proper qualifications. So long as your soap isnt a cosmetic, then you are not a cosmetic manufacturer. If they are DETERGENT based, then they ARE cosmetics, and you must jump through all the hoops to be a cosmetic manufacturer. Do you know what is legally considered an acceptable facility for manufacturing or is it just anywhere that is not a residence? This will allow you to legally operate your business in your area. (Hey, if you find out who it is, please email me so I can pass on the information to other people who have asked!). I have registered submitted to register one product with 14 duplicate products. Maybe somebody can help me to start my hair cosmetic company or knows someone who can be partner entering with low budged. As far as I know, there arent any requirements. 3. So I think you probably DO need to be registered even if you are only relabeling (Ive updated the page accordingly). Step 2: Form a legal business entity. If you touch the product, then you are a manufacturer or repackager. First, I dont know if they state is likely to inspect each time you submit additional products. So say youre ordering gallons of lotion and only adding fragrance, do you have to batch test each gallon? Since salves are applied to the human body, they are either a drug or a cosmetic in Florida and everywhere else. If the product you are using contains Disodium Lauryl Sulfosuccinate, then it is a detergent-based product. Hi If I include products in my soap that have moisturizing properties but do not advertise that they moisturize am I exempt? . Selling Handmade Products (FAQS Series) - The Nerdy Farm Wife Third, I highly recommend you join the Handcrafted Soap and Cosmetic Guild. I am trying to find information about cosmetics manufacturer compliance and how to open cosmetics manufacturing facility in Florida. STEP 4: Obtain All Sugar scrub Licensing Here. In Florida, for the SOAP it depends on whether it is exempt from the definition of a cosmetic. The Cosmetic Ingredient Review (CIR) website has information on the safety of cosmetic ingredients that they have reviewed. My life can be prttey unpredictable, and it would be great to have a copy to watch at my leisure and share with all who may be interested. You might even be able to talk to the inspector and find out exactly what the requirements are for getting your facility approved. The definition of a cosmetic in Florida statutes is, for all intents and purposes, identical to the definition in US law. Niurka. If you open the gallons and are handling them, they have a chance of becoming contaminated. Forcing small businesses to flee the state to support ourselves and families makes no sense at all for Florida. Or I keep just one in NJ and pay all sales taxes to NJ state. 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. The label design is another one-time expense that can be included under packaging costs with the exception that it will have recurring printing fees when youre ready to get new labels printed up for your products. I am close to becoming a certified Aromatherapist. Keep in mind, though, that this does not apply to purchasing a base, adding scent and/or color and then packaging. With a well-thought-out plan, new business owners can increase their chances of success. If you are making soap that fits that definition, then it does not fall under cosmetic registration requirements in Florida. From what I was told, all labels must be FDA approved first before selling the product. We had to have an engineer draw up the design for the slab alone. if I understand correctly i can make the soap in the home and sell no problem. I live in NJ and moving next month to Florida. For small batches, its always a balance between testing everything and the real economics of it all. it is not a cosmetic and not a drug. I just want to say THANK YOU SOOOOOOO MUCH for putting all this very useful information on here. You may need to check with your local city or county zoning ordinances about what sort of business you can have in your home. Ive been scouring the Internet trying to find details, to avoid trying to contact anyone with the state. If its part of your residence, I think its still considered residential even if you rent it out. 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. I expect not, but they could. Thank you again for this blog!! 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. And Florida has sales tax, so if you are selling retail, youll need to get a sales tax license (or whatever they call it in 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. They might want to come and take a look if your products change to more complicated ones (like lotions or creams) to make sure you have safe manufacturing in place. Im not sure what you mean by body butter soap without lye but it sounds like a cosmetic and a soap that is not otherwise exempt so it would fall under the new exemption. From my understanding, the oils are not considered cosmetic but lotion is. I see now that I can probably use some of your labeling suggestions and be well within the regulations here in Florida. Javier Guandalini, Product development & Quality Engineer Pharmaceuticals. Regards. If you have any questions or need help getting started, feel free to contact us and we would be happy to assist you. I am making various sized bottles and was just going to label them Bug Spray and list the ingredients. I called Florida DBPR but could not talk to anyone. I already have already registered as a fictious name here in Florida, but dont really know what I need to do in Ohio to make this work?? The non-Florida business would be clearly a business from which the products were purchased.