This leads me to the belief that BUYING and receiving handmade products (made elsewhere) within the state of Florida is no problem, its the MANUFACTURING of these products within the state of Florida where these regulations apply. What if I add Fragrance oil and micas? You should check with the state for the requirements. Powder tint for the hair would be a personal cosmetic, so the cosmetic regulations apply. 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! 3. You cant claim that the product OR the ingredients will have any effect on the function or structure of the body or that they will treat, cure, mitigate or prevent disease (or any physical issues). If you manufacture elsewhere, you can still sell within Florida as far as I know. If the soap claims to make your skin softer, smoother, brighter, happier, etc. Laundry soap is a household product. I took my time to read through this thread and I have a question that I dont think was answered. What is required if I want to start a lip scrub business. Some MP soap is true soap and some is not. Since Im for sure going to be making less than 25,000 a year, would I be exempt from getting the license? What date will the establishment be ready and available for inspection? An example: A double batch of one of my popular salves will fill six 2 ounce tins. Castor oil would be listed as an ingredient, but I would not make any direct claims of cosmetic features. Scoops - It's important that the jars are properly filled with sugar scrub when a customer purchases them from you. There are two types of approvals over the counter and new drugs. 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. Before you begin prepping your homemade items for selling to the public, get familiar with your state's Cottage Food Laws to ensure that you're able to sell homemade items publicly. I appreciate any your help Below are some more business ideas you can epxplore as options. I am looking for a Chemist to start a hair cosmetic company in south Florida. If the products say that they COULD be used for the body, that implies that one of the intended uses is to be applied to the human body which would make them cosmetics. Perfumery is also a cosmetic, if there is any intent for that. How do we go about receiving a copy of the Webinar. Thank you for this great information. Nothing I find really talks about what salves are really considered. I also want to mention that you have the patience of a saint by answering so many repetitive questions! There is some question as to whether shower gel or batch bombs would qualify under the exemption. Correct no cosmetic license if youre not making cosmetics (and lye/fatty acid soap is exempt from the definition of a cosmetic unless cosmetic claims are made). If it is intended to promote attractiveness or beautify or cleanse then it would be a cosmetic. She said she didnt think it would be an issue but will check into that one. If you are adding EXFOLIANTS, and you STATE that they are exfoliants, then your soap is more than just soap and is doing more than just cleansing its exfoliating, which makes it a cosmetic. In most other states, no license is needed. Moved to fl. Simply scent and oil that doesnt beautify or improve appearance? What are the requirements for the space? Hi Marie My understanding is that the facility cannot be on a residential property but there might be some exceptions and/or discretionary enforcement. (If yes, an Over-the-Counter Drug Manufacturer permit is required). If you have a business making cosmetics in Florida there are other regulations that apply. The OTHER things you need (licenses, etc) arent about soap, but arer about your BUSINESS (same as most any other business). Can you tell me if a movement has been started somewhere that I can join or if maybe you can point to a state with reasonable regulations whose policies we can propose to the powers that be in Florida? It certainly gives an idea of what the process entails! Would you happen to know a number that I could call to get the information ? And, of course, if you get caught youll probably have a MUCH long road to getting finally certified and approved. Do I just need to get a business license to collect sales tax in Florida when Im physically here selling? Can I label my cosmetics natural or organic? Sell prepackaged cosmetics affixed with a label containing information required by the United States Food and Drug Administration. intended for use as a component of any such article. If you purchase labeled products, then you are just selling so thats not an issue as far as I can tell. Youd probably need to check with an attorney. The requirements are covered in Florida Rules 61N-1.010. I live in florida. Okay so though about it, it was a stupid question, if I would be making the products in Florida I would still have to follow Fl regulations and law. Products that are APPLIED to the human body are cosmetics. That depends on where you manufacturing is located and what the regulations are there. 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.. You will probably need to get an Employer Identification Number, even if you dont have any employees. They have their own quality control, but of course you can and should always inspect your own product. According to their webpage and the regulations, salt scrubs and deodorant are cosmetics and WOULD require a Cosmetic Manufacturers license. Thank you so much. If you dont go through with the permitting process for whatever reason, the $800 is non-refundable. Shower steamers are somewhat questionable I dont know how the State of Florida interprets them generally. Something went wrong while submitting the form. From my point of view, Product registration is nothing compared with the actual facility requirement. Is that correct? As far as I know, the Florida regulations apply to products MADE in Florida. If you are just starting out, you will probably meet the less than $25,000 annual sales requirement. We live in Florida about 30 miles from the AL state line. I have read the bill content and then I did go to the DBPR website. See Florida 2021-Changes to Cosmetic Manufacturers Law for the most current info. Yes, This is how I make soap PURE soap. farmers markets, festivals, online, local stores, etc? But i feel like its a very grey area and would like a clear answer. Trying to figure out, before I contact them. But there isnt an INCOME tax in Florida. or just have knowledge of manufacturing? There is no exemption (I checked with the state office by email). 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 wont have a store in Florida. Could I make bath bombs but just call them scent bombs and store them in a clear glass container in the store and people can pick out a few they will just have a sign that says scent bombs I can tell people you can drop them in your toliet, or your bath tub to release the fragrance. That said, you should be VERY careful if you are going to attempt to do this and realise that you will have the expense of registering and running two completely separate companies in two different states with registration, bank accounts, check, accounting, income tax, sales tax and other issues for each. Have you heard of anyone being able to rent a commercial kitchen and use that space to be licensed as a cosmetics manufacturer? Your destination for buying luxury property in Grenoble, Auvergne-Rhne-Alpes, France. Fla., because the difference in regulation there between cosmetic and not-a-cosmetic is enough to make people decide not to be in the cosmetic biz AT ALL. Colors can communicate a lot about a brand, so it's important to choose wisely. Oops! Is this correct? How are people making out with these regs and cost. If you are labeling them in-house in Florida, then you are a relabeler, which needs a cosmetic manufacturing license as far as I can tell. 1. If you make cosmetics for sale, you must get a permit (unless you meet the exemption requirements). I know that I must not make any claims or use any descriptive language on the soap that I am actually manufacturing but am I allowed to make claims and use that language on cosmetic items that Im simply relabeling? The Stephenson soap base you are using may qualify (youll need to check the ingredients or check with them) but is also depends on how you market the it and what you say about it. That doesnt change that the soap is still primarily soap. 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. Specific sugar scrub business-related content so you can keep up with trends, and consumer behavior over time. 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. I ordered your labeling book from Amazon and I finished it in one day it was extremely helpful and enlightening thank you so much for putting the book together. I am a liscensed cosmetologist in fl, i make my own skin care products do use on my facial clients, i make on the spot to use on them at that moment< i do not sell any products just for my use on there skin at that moment am i violating any florida laws. Cold process soap, provided it is marketed and sold only as soap (with no other claims than cleansing) is not a cosmetic. Many of the ingredients theyre dealing with in large enough quantities that they can purchase cheaper than you could. 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. They can target students, busy families, travelers, or people who don't have access to a washer and dryer in their home. You could check with the licensing department, though they could probaby give you a more specific answer. Hello! Congratulations! I started making soap and I am afraid it may fall under the cosmetic law. (For example, you cant say that it contiains moisturising shea butter. There may be general business requirements (business name registration, local (county level) business license and such). I have learned so much reading all of this, so thank you. Are they two different businesses, one selling to the other in which case you probably need business registration in EACH state, with taxes and such (and the Florida business buying from the Arizona business)? Either way, they are going to be looking for things that could cause your products to become adulterated or misbranded. The department of health has told me that they do not regulate Makeup artist. The first would eliminate manufacturing at a home. Its not worth it. Any color additives they contain must be approved for the intended use, and some must be from batches certified in FDAs own labs. Yes, perfume is a cosmetic. Weve called the state numerous times and no one seems to know how to answer our questions! 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. Hi, Im wondering. They can still investigate complaints, carry out inspections and so forth. FDA does not have regulations specifying good manufacturing practices (GMP) for cosmetics. you venture into a(n) Sugar Scrub Store business and you give it a trade name such as "Excellence Sugar Scrub Store & Associates". The thing about a smooth floor is that it has no seems. *name of soap* The main on is rule 61N-1.010, Guidelines for Manufacturing Cosmetics (amended 2015). You can purchase and resell just like any other store. Also, can I make shower steamers? What do you want to achieve with your business? Just basic salt blends for soaking in the tub with herbs, botanicals and essential oils- Specifically with CBD isolate, but I know that comes with completely separate licensing. ?any restrictions ? IB. Soap becomes a cosmetic if either of those things are violated - for example: If the soap is made with detergents (not lye/oil) If it is just to moisturize and make the tattoo LOOK better (improve appearance) then it would be a cosmetic. This will help youtrack your expenses, revenue, receipts, taxes owed, and much more. I dont sell or charge for product just usage . And I think that Veracity Insurance Solutions, which provides the insurance offered to HSCG members, also has a program for Massage Therapists. Being made via cold/hot process without making any claims other than soap, I just moved to Fl and made soap mostly for myself and family members do i need to register or do anything if my soaps are melt and pore base nothing added but color and scents? Thank you Queen for responding! (Shea butter, yes, but not moisturizing). How do you check zoning restrictions before renting a commercial place to manufacture cosmetics? If you are SELLING the product, then all of the FDA regulations apply, as well as any regulations in your state. See note above about which sugar to use. 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. I want to open a business in Miami, my goal is buy powder tint for hair (ready to use) and re-pack it into personal amounts. I was shocked to find out what was required if you live in Florida. If yes, then what application we should fill out? Our #1 recommend business formation partner: Find out how to form an LLC in your state: Choose a professional business formation service: To define your target audience for a How to Start a Profitable Sugar Scrub Business in 11 Steps business, you should first identify the demographics of your ideal customer. Through our extensive research, we've pulled together all of the details needed to begin your entreprenuership journey. Third, I highly recommend you join the Handcrafted Soap and Cosmetic Guild. IF they are intended to moisturize. Just double-click and easily create content. The correct department is the Florida Department of Business and Provession Regulation, Division of Drugs, Devices and Cosmetics, Cosmetic Manufacturer. You are legally responsible for making sure your cosmetics are safe and properly labeled, in compliance with all the laws and regulations that apply to them. 1. Since I spend time in another state that doesnt have these requirements, can I just make all my products there, label them and sell them in Florida so long as they are labeled as being crafted and packaged in other state? As far as I know, there arent any restrictions in Florida on making and selling soap. I want to start my own handmade natural bath bombs from my own home do I need a business license or anything also I have gone to school for beauty as a full specialist license so I have is a nail/skin specialist license from the state im in Florida is my license would be okay to start my own bath bomb business its that I want to sell online on etsy im not sure what to do. To be exempt from the definition of a cosmetic, the bulk of the product must be the alkali salt of fatty acids the end result of the reaction of soap and lye. I put no claims on anything, but still did it legal. Use of the Site and reliance on any information provided on the Site is solely at your own risk. The regulations apply to manufacturing cosmetics. 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? Room and linen sprays arent cosmetics unless you say they can be used on the human body. For example, the U.S. Federal Trade Commission regulates claims of Made in USA.Other country of origin labeling is regulated by U.S. Customs and Border Protection (seeChapter 13-Country of Origin Marking). Also, give them more information about what it contains. ? Bath bombs are cosmetics and to legally manufacture them in Florida, you need to be licensed as a cosmetic manufacturer (unless, of course, you are making them for yourself and not selling them). If you plan to expand and grow your business, keep in mind that as soon as you hit that $25,000 mark, you ARE required to get a permit and will need a commercial space outside your home. Work with a professional designer tocreate a logo that's both visually appealing and reflective of your brand values. In Florida, a COSMETIC manufacturer must be licensed and inspected and cannot make the product in a residence. In order to do this I suggest using a scoop, either metal or plastic, but make sure it is food grade safe since it's going in your body scrub products. Etc I make no claims. Resources for Industry on Cosmetics, Recalls, Market Withdrawals and Safety Alerts, Cosmetic Ingredient Suppliers: Fact Sheet, Cosmetics Importers & Exporters: Fact Sheet, Small Businesses & Homemade Cosmetics: Fact Sheet, Federal Food, Drug and Cosmetic Act (FD&C Act), Key Legal Concepts: Interstate Commerce, Adulterated, and Misbranded, ingredients that are prohibited or restricted by FDA regulations, Is It a Cosmetic, a Drug, or Both? What I find difficult to believe is that every single vendor at the numerous events around the state are all either from out of state or have followed all the rules for the state of Florida and have manufacturing of what is considered cosmetics outside of their homes. The ingredients cost me almost $36.00 total or $6.00 per tin. I have a question about foaming soap base. I did document names, dates and times. Some new founders may find themselves in a situation where your sugar scrub startup costs are actually only a few hundred dollars to get started, but we thought it was important to share the below methods in case youre thinking of ideas down the road. By following this process will help ensure that you have the equipment, tools, and supplies you need to run your business smoothly. (a) A person who prepares, derives, manufactures, or produces a drug, device, or cosmetic; Repackaging, such as when you purchase in bulk and repackage it into smaller containers, still qualifies as a manufacturer.. I am in the same predicament in which I want to make hair oils for African American hair, I am literally just mixing oils and just starting out with no real customers, Florida requires you to act as if you are a big business. I havent seen anything definitive from the State of Florida. Thank you for all the help. You will need to contact your state and local authorities for that information. Yes. Pour in 1/2 cup of real sugar. 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. 2. Also, if i am selling the product on say: etsy, would their name go on the product label, or would it be the name i create? (see: http://flrules.elaws.us/fac/61n-2.002. This is all so confusing. A company (with all the registration and such in place) makes the product for you, complete with seal and label. Now, we're at $7.00 per tin. If you've ever wanted to know how to make sugar scrub, you're in for a treat. I dont have much on Tennessee what I do have is on my States page. If the people you teach think they are now versed enough to sell their products, they should be informed of the laws and regulations; in any event, you should should VERY clear that the products they are making are for personal use only not for sale. Adding a scent (EO or FO, or an additive such as clay, pumace, coffee grounds, oatmeal or a color additive) doesnt change the fact that the BULK of the nonvolatile matter is soap. From finding your niche to monetizing your content, this guide has everything you need to know to make money on YouTube. Unless they let my friend slid by the rules she is making soap and other products IN her residential home. Thanks! I really wanted to know the answer to Maries Skilling question, as well. So, to name the product, you could use some sort of creative name Peppermint Passion, for example. Use of detergents would make it a cosmetic. Thank you in advance for your response. 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. hey there-what are your thoughts please- if i am making cosmetic things in my home for personal use, (florida) but others would like to try some and they give donations as a means of appreciation? (the people buying the empty lip gloss tube will more than likely make their own products). . That looks like soap that is made from oil/lye/water. Cosmetic Labeling and Label Claims: An overview to help you get started, Cosmetic Labeling Guide: For step-by-step help that answers many common questions, Cosmetic Labeling Regulations: For links to the full text of the regulations that apply to cosmetic labeling. 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. Having these two statutes might help in the discussion. (13) Cosmetic means 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. Lyon is France's third-largest city and a major tourist destination. I dont know about the liability as a distributor of a manufactured product. 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. So say youre ordering gallons of lotion and only adding fragrance, do you have to batch test each gallon? It can be done but its a challenge. So youd have to be licensed as a cosmetic manufacturer in Florida. scented candels are not cosmetics, is it ok to have homemade candles to sell online? I feel totally unprepared for the inspection and after reading through everything here, I feel more nervous than ever. Hydrating and moisturizing healthy cells instead of dead cells can promote smoother, softer skin. 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? and I would supply the materials needed to make them and we all make it together. In truly hoping to not make this a repetitive question myself, I read through as many comments/answers as time would allow me, but I still want to apologize in advance if this is a question youve previously addressed and I missed it Keep in mind that the Florida exemption for cosmetic products only covers soaps, lotions, moisturizers, and creams. Choose a name that reflects the type of business you're running. I just got your label requirements book and after reading this I feel like I cant say anything at all about my soap! 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. Does this mean I need to license each product individually as well as license a business? Could I give my shampoo bar, which is a CP soap, an alternative name, such as hair soap or soap for the hair to avoid FL cosmetic laws? 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