Drugs must meet different requirements. Thanks so much! I told her that I would handle her online marketing and sell the above products for her on Etsy etc. Yes, hard to deal with Florida I dont think they realized there are so many small manufacturers that are covered by the law they dont want the headache. on Etsy. We definitely recommend advising your accountant before making any final decisions. So I cannot make these in my kitchen? I was wanting to add salt scrubs and bath bombs to my inventory to sell. Shareholders elect board members to run things, Requires an annual meeting with stockholders' meetings every three months, Provides extra protection for investors by limiting their liability exposure, Allows flexibility in operating their businesses, Bootstrapping by tapping into your own savings account, Sourcing investment from outside investors, You can use an online accounting software like QuickBooks or Xero. Am I being a Debbie-downer here or am I being realistic and saving myself and my family from losing tons of money? Thank you so much for putting all this work and time into answering all the questions! A free gift must be a FREE gift. I printed an application for a permit, and on one of the questions it asks: If the product is clearly NOT meant to be applied to the human body, then it would not be a cosmetic. Second, the facility must be licensed, registered and approved as a drug manufacturing facility. If you are using melt and pour soap, check the ingrediets to make sure they are primarily lye and oils (or are listed as sodium ____ate i.e. Fla is the hardest place to try to work from I think. Thinking of tourists, travelers, boutiques, hair salons, health food stores, etc. They will then review your application and decide whether or not to issue you a license.. Youve done all of the hard work up until this point and prepared your sugar scrub business for launch Now, its time to get your sugar scrub business name out there and start generating customers! 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. 2. Also depending on your local city or county, you may have zoning requirements for manufacturing (soap or anything else) some places have stricter rules for what can be done in residential or downtown areas. The ingredients of the sugar scrub you want to make are probably the most important part of your expenses. If you receive bulk product and repackage it, you would need a cosmetic manufacturers license (unless you are otherwise exempt). I can sell my soap here in florida without much hassle. Hello Marie!! Can I use a Post Office (P.O.) Drug Controller General of India. Best Things to Do in Auvergne Rhne-Alpes, France So, if I live in Tampa, Florida and I make just make melt and pour soaps, (goats milk and honey soap bases), with no detergents, that means that I dont need to contact the Florida Cosmetic Regulation Department for anything. Just double-click and easily create content. Thank you for all the help. There is a small business exemption (implemented in 2021) which is covered further down in this post. 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 have renovated it. Thank you SO MUCH for working through all this stuff to make it easier on us! The definition of a cosmetic in Florida statutes is, for all intents and purposes, identical to the definition in US law. But, you DO work under the good faith standards (on a federal level) where everything you make, your ingredients are correct, etc, etc. I havent seen anything definitive from the State of Florida. I can sell my homemade soaps online, farmers markets, etc., without registration of each soapbecause its just soap. 1. Also, give them more information about what it contains. I like to ensure that I follow all of the rules and laws. They dont cover cosmetics (although the names are very similar). Thank you in advance. I honestly dont know whether the products you are making would qualify you as a cosmetic manufacturer. You should put together an expense list and figure out how much money you need to spend in order to produce your product, market it, reach customers and get paid. Keep in mind that the inspectors are pretty savvy. The first would eliminate manufacturing at a home. If you are doing it as a business in Ohio, then youll need to do whatever is needed to have a business in Ohio. The best way to find out which licenses and permits you need is to contact your local business licensing office or chamber of commerce. I am in Florida. Some areas dont allow a buisness on a residential property; some allow some types of businesses, but not all. For soap to be exempt from the definition of a cosmetic (and thus the cosmetic manufacturer regulations) the bulk of the product must be the alkali salts of fatty acids (that is, it is made from the saponification of oils with sodium or potassium hydroxide) AND it must be marketed only as soap AND it can only claim to clean. If a florida-manufactured cosmetic is going to be SOLD, then it needs to have a Certificate of Free Sale (registering the cosmetic, ingredients and label), and it has to be made is a registered facility. (without making medical claims) If you buy lip gloss containers (or other non-cosmetic products) in bulk and then sell them in smaller quantities, you are not a cosmetic manufacturer. There are several different kinds of tests that can be done both onsite and by a third party testing facility. There are about 6 of them. We live in Florida about 30 miles from the AL state line. Do I need a permit? Hi. You must have a complete SOP manual for all details of running your business. In the explanation of the permit, it clarifies that you dont need a permit if you dont open the container. What goes on the actual product is a label. What goes WITH the product (brochures, website information, signage, etc) is labeling. Both are considered when determining the intent of a product. And, of course, you need your business registration, tax filing and all that normal business stuff. Yes in order to do what you are describing, you would need to be licensed as a cosmetic manufacturer in Florida. Shall we have any License/Permit if we are buying bulk of cosmetic products and fill products ourselves? Depending on the city and/or county you are located in, you may need a business license. Marie, love your site and you are so helpful and patient with people very impressed. In most other states you CAN make cosmetics to sell in your home. Finally, use customer segmentation to identify the distinct groups within your target audience. Could I use this as my shop/place of manufacturing or will it still count as our place of residence? While there I can mass produce my bath bombs, lip balms, bubble bars, etc and bring them back to FL. I am so glad I found your site Marie! Thank you, Joan. You can also write checks from your checking account, which can be helpful for paying bills or suppliers. I just want to say THANK YOU SOOOOOOO MUCH for putting all this very useful information on here. 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. Im planning on making and selling homemade hair prodcuts such as hair masks, hair oils, shampoo , conditioners etc. 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. A federal tax id is required if you have employees, if your business is not a sole proprietorship, or if you dont want to use your personal social security number for your business. Thank you Marie! 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). Oh Florida. Step 4: Open a business bank account for your sugar scrub business. You should write the governor of Florida, Ron DeSantis, and tell him that you were planning to move there but probably wont be doing so because the small/home business restrictions. Firstly, I love that everyones questions was answered! I tried calling them yesterdaywere not helpful.. almost argumentative. (b) Intended for use as a component of any such article. The only entrance is from the outside of the apartment. The label could say manufactured for or distributed by a Florida based company, however. I live in Fl. We have a commercial production space for our soap production already, but wondering if we can legally expand our product line. Thank you. If you have any questions about setting up your accounting system, talk to your accountant orfinancial advisor. If you say much else about it, then it will probably become a cosmetic. 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. Then would it be legal since your not actually manufacturing? My other concern are spiritual businesses. Starting a handcrafted cosmetic business in Florida can be a challenge. Would she have to put on a rudimentary label so that I would have to re-label it? If the soap claims to moisturize. Pharmaceutical compounding regs should have nothing to do with handmade cosmetics and/or soap, but you know they say, it rolls down hill and it landed right on us lol. If you receive them already made, packaged and labeled, you do not need a cosmetic manufacturers license. . There are people working to change the regs. Is it ok in FL? I just want to sell soap. Since you have a registered business in Florida, you probably already have your basic business requirements in place (taxes, filing, accounting, business registration and all that). 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. I make salves. With the new Florida law, I am still a bit confused about what I need to do to sell my homemade lotions and potions here in FL. which you still took the time to answer for each individual! It is intended to alter the function or structure of the body and/or to mitigate, prevent or treat disease. She doesnt know a lot about marketing or have the time to do the shipping and labeling. I wont sell what I make. So I will call next week since after 2 days she hasnt called me back. First, let me say that I am grateful for your website and collection of information and the fact that you share it openly with the community. I have read the bill content and then I did go to the DBPR website. Visit Lyon. I also make salves for different purposes. Does perfume oil fall under the cosmetics? The law does not require cosmetic products and ingredients, except for color additives, to be approved by FDA before they go on the market. I registered 63 products and spent over $2000 just to get it done. Suspension or revocation of a federal, state, or local government of any permit currently or previously held for the manufacture of cosmetics. The short answer is no. Like and arts and crafts party. If you make your own cosmetics to sell, you need a cosmetic manufacturers license. The law was changed in 2017 and that portion of it was removed. . Hi Marie, Are shower gels ok to make in your home in the state of Florida. SeeFlorida 2021-Changes to Cosmetic Manufacturers Law. Well, the list of prohibited activity looks long, but its pretty much the same as the federal regulations. If it meets those criteria, then it falls under the definition of soap that is EXEMPT from the definition of a cosmetic (its not considered a cosmetic) so you wouldnt be a cosmetic manufacturer, so no cosmetic manufacturer permit and license is required. The law also specifies what is required in the application. They will not be getting paid or benefiting in any way. They dont define soap in the statute, and I didnt see it in the regulations that I have reviewed. In my humble opinion, since I used to help customers open businesses and register licenses that have to deal with state, city and/or county licenses and fees; if you are selling a product that customers will either consume or apply to their body, we should have such regulations. Luckily Florida doesnt have income tax, but I dont know what other taxes in Florida and/or New Jersey would be applicable. If you get the product in the container it will be sold in, and you dont open the container but only put your own label on it, then you dont need a cosmetic manufacturers permit. STEP 4: Obtain All Sugar scrub Licensing Here. Good manufacturing practices are not REQUIRED (and no one will be checking what you have in place) but they are still a good idea. (she has 3 beautiful children). It seemed that it wouldnt be a problem as so many others were doing just that with home made looking labels and all. The laws and rules apply to cosmetics, the definition of which exempts soap. If you know who the specific department to ask that question Id appreciate that. I dont have the names of contract manufacturers in South Florida. So youd have to be licensed as a cosmetic manufacturer in Florida. For example, the recipe contains: Olive Oil, Shea Butter, Vegetable Glycerin, Xanthan Gum, Water, Castile Soap, and fragrance oil. Thats good to know that they are thinking about reversing the law. An establishment that is a place of residence may not receive a permit and may not operate under this part. Hi Dennis. the said Licences have also to be approved by Central Licensing Approving Authority i.e. It is just very frustrating that soap is literally applied to your body but not regulated and everything else is. I just find out about the laws in Florida is different then NJ. It sounds like you are looking at private label manufacturing. Again, thank you for all you are trying to accomplish. The actual definition, for a soap to be exempt, is that the bulk of the non-volatile matter is lye/oil soap. Im sure the bubble bars fall into the cosmetic area. 2) the layout plan for manufacturing cosmetics has to be approved by the authorities just not sure about the other products. My questions is: if there is anyone here in Miami that can guide me on all the legal procedures to make this proyect a reality. Any suggestions on doing this? 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. Florida Cosmetic Regulations - Marie Gale Its an unfortunate law for the small handcrafted soap/cosmetic maker. In a normal circumstance, products sold in Florida but not manufactured there would be manufactured by a company that has a facility (even if its a person with a kitchen) that is set up as a business to manufacture cosmetics in another state. Its just like any other business that buys and sells products. If yes, I would eliminate this from my plan for sure. Hello, Im planning on opening an Organic skin care product online business. Can we make those as well? FINALLY- As of 6/2/2017, these fees and regulations are null and void. If you are starting a business, youll need all that stuff in order to have a bank account in your business name. I called Florida DBPR but could not talk to anyone. I started making soap and I am afraid it may fall under the cosmetic law. Sell prepackaged cosmetics affixed with a label containing information required by the United States Food and Drug Administration. I see now that I can probably use some of your labeling suggestions and be well within the regulations here in Florida. 5. If interested, lmk! I am wanting to start a handmade vegan soap business, but am confused on how it legally has to be packaged or what licenses I need. I got that to produce soap where the bulk of the non-volatile portion is the alkali salt of fatty acids dont need permission and dont fall in cosmetics matter. Trying to figure out, before I contact them. The facility/space has to be totally located in a different area than the residential property. For melt & pour to qualify as a soap (and be exempt from the definition of a cosmetic), it must be from oil/lye/water saponification. My state is Florida. My daughter lives in New Orleans and makes homemade soaps, lotions ,bath bombs etc. Is it acceptable to state on a soap website that glycerin is a natural byproduct of saponification, and that glycerin is a humectant that draws moisture to the skin? 3. Maria-have you heard anything about Cottage industry being set up in Florida for soaps, lotions and the like? The material used must be FDA approved and from what I am finding its an epoxy. You will need a business license and a place to do business, and because you will be selling a product that is meant to be applied to the skin you may need health department or other approval and you should also have insurance to cover you when a customer blames your product for some issue. SO I am wondering.could this be our out?? Feel free to contact me if you need some help. Can I label my cosmetics natural or organic? You might run into some business registration, tax and accounting issues. Would I be able to rent a commercial kitchen space and make/package and label from there? There can be products which are used as part of a religious practice, and the PRACTICE and USE of those products may be covered by religious freedom. How are people making out with these regs and cost. IMPORTANT! The provisions for the approvals and registration have to do with manufacturing (so thats the mixing and filling). What are the legal steps that I have to take? Well I did some research. It used to say the cost of the permit may not be less than $250 or more than $400 annually., With the change, the regulation will say the cost shall be sufficient to cover the costs of administering the cosmeting manufacturer permit program.. Im not sure where to get a definitive answer on this and I keep going in circles on the Florida sites. It might actually be cheaper for me to fly to NJ a few times a year to make a bunch of product. The Handcrafted Soap and Cosmetic Guild has good insurnace options available. The Florida Divison of Drugs, Devices and Cosmetics handles cosmetic manufacturer permits. The Florida statutes (499.012(1)(b)say: There are so many factors to consider, from the logo design to the colors you use. Is that correct? Each OTC drug has a monograph which details the allowed active ingredients and the claims that may be made. Sorry, I cant help with that. 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. So the vast majority (bulk) of it needs to be oil/lye/water soap (the alkali salt of fatty acids). Or would this now fall under the Cosmetic classification? Generally, the rule is that if purchase is required to get the free gift then the gift is actually purchased. or just have knowledge of manufacturing? I read in a previous post that the governor was planning on making some changes. As for me, I am trying to figure out how to get exempt from the FDA smooth floor requirements with different easy to clean flooring since their regulations has very little to do with the harmless nature of soaps, cosmetic and or repackaging. Our property is zoned as agricultural land because of our grapefruit grove, if that plays any factor into it. , rather than me selling someone elses handmade products. You dont have to register as a cosmetic manufacturer for non-cosmetic products. I think I have also seen people in other blogs mention that they have even had their guest homes registered to start manufacturing in as ling as they werent using it as a living space? As for selling products that are made and packaged in another state I believe that would be like purchasing products from somewhere to resell the florida cosmetic manufacturer regulations apply to manufacture IN florida. Talking apples and oranges here. We decided to have our home reappraised recently after spending a considerable amount on our shop, outbuilding, shed, etc., and they had to appraise it under a commercial outbuilding because of the specsnothing else in the vicinity to compare it to (2K sq. You WOULD need a permit if the soap were made from detergent-based surfactants, regardless of whether you claimed it could do anything more than cleanse or not. Also If i have an establashed manufacturer in the state of florida manufacturer my products and send to a fullfillment center or to my home for storage and shipment, I dont need to have a lic/registration to sell online correct? An official website of the United States government, : You can reach me at jray@johnrayconsulting.com or 850.445-5044. Even so, the regs are the regs. Could be considered either a cosmetic (because youre in the shower and the steam is in contact) or a room freshener (as you say). Sugar Scrub Business Plan Template & Guidebook, Best Beauty Business Ideas & Examples in 2023, Marketing Your Sugar Scrub Business: 9+ Ideas to Get Customers, https://www.sba.gov/about-sba/sba-locations. Complying to regulations can be done in my dedicated business space just the same as complying in a leased business space. If the Florida State inspection folks came looking, I would expect that youd have to have some sort of proof that the products were manufactured (and packaged and labeled) somewhere other than Florida. Thanks. What are the florida rules on that? If you have a partnership, LLC, or Corporation, youll need to register your business with the Dept. Already have a Homemade Organic / Natural soap business in Florida and our customer are always asking about EOS. They can help you choose the right system for your business and make sure you are using it correctly.