With the ingredients of beer, lye, oils and clay. Oops! My daughter lives in New Orleans and makes homemade soaps, lotions ,bath bombs etc. Ive been doing research for days and have not ben able to find a clear, concise answer for anything. My question is more along the lines of a giveaway. 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). Note: When you're first starting out your sugar scrub business, you can definitely use your personal phone number and email address, but as it grows, be sure to look into other communication options! 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. It is intended to alter the function or structure of the body and/or to mitigate, prevent or treat disease. Ive been scouring the Internet trying to find details, to avoid trying to contact anyone with the state. Here are some resources to help you learn more: A color additive, other than coloring materials intended for use as coal-tar hair dyes, must be approved by FDA for the intended use. If you package or relable a cosmetic product, you need a manufacturers license. Sell at craft shows and expos in FL. I am interested in possibly developing my own skin care line marketing mostly to people with sensitive skin and eczema such as myself. Thank you so much, florida is a pain in the tookas. Compliance with permitting requirements under any previously granted permits. Hi Marie! Spiritual businesses arent a thing. However, I also wanted to make other products that I want to clarity on in regards to whether theyre considered cosmetic: 1. auric sprays that are SAFE for the body (but not necessarily meant for body use) Again, the soap and bath bombs will not be considered cosmetic or drug; cleansing purposes only. But if the purpose is as a decongestant or other medical reason, then it is a drug. Rebecca could you have your friend email me? Are bath salts and sugar scrubs a cosmetics? 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. Again, the Small Business Administration may be able to help. properties of the article are due to the alkali-fatty acid compounds. No other surfactants (detergents) used. Id be very interested in her story! If I make the Lip balms, bath salts & scrubs and dont sell them but give them away to buyers who purchase certain amounts. 2. Also note that you might need some sort of local business license depending on what your city and/or county require. Zoning restrictions are usually handled at a city or county level. 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. I havent seen anything definitive from the State of Florida. Thank you! Even when used for a religious purpose, it still may be considered a cosmetic (make the body more attractive in a spiritual way). UNLESS they address named mental illnesses which are considered diseases). What about shower steamers? You may have to register the products, however. I use a foaming bath whip base to make whipped soap. You may wish to work with a labeling consultant. Hello! Thats interesting! There arent any additional federal regulations covering them; I dont think there are any additional regulations in Florida (but I havent checked in depth). Can I make it out of my own house? Like if you give away a lip balm, but ONLY give it away when someone buys a soap, then it could be considered that they are purchasing the soap AND the lip balm. Im incorporated in Florida right now, but Im going to open the business in Georgia once Im ready to get started. If I make everything in Georgia the only way I will be selling in Florida is loading up the car and going to craft shows and farmers markets. The Florida cosmetic manufacturer regulations do apply UNLESS you are exempt beacuse you have less than $25,000 annual sales AND you put the notice on the label. Is it risky to do this? 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. For a lip scrub business, you are looking at two different issues. So if u make a soap that has (FO)(EO) in it is it cosmetic how bout if u make one with clay and / or pumice coffee grounds ect? The florida regulations apply to all cosmetic manufacturing in Florida regardless of where you sell. You have been VERY helpful. (You, as the owner, are not an employee for payroll purposes.). How to make body scrub for selling - Legit.ng 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? So I cannot make these in my kitchen? You can put in additives, and as long as MOST of the non-volatile part is the alkali salt of fatty acids, you are okay. Under this law, cosmetics must not be adulterated or misbranded. Hot process, cold process and detergent free melt & pour. Requirements: 3. The laws in Florida used to required that in addition to the permits, every single PRODUCT had to be registered (before it was sold). Thanks for your help. You cant have your manufacturing in your home. Is it possible to give me one example of a small soap company making their own handmade soaps and creams with a state license? Florida requires the business register here, so they can potentially collect sales taxes for products sold retail within the state. Thank you so much for your time and help, and again, my sincerest apologies if this is the same, or similar, to a question already asked and answered. One of the biggest advantages of a checking account is that it allows you to easily deposit and withdraw money as you need it. It seems to be up to the department at the time of the inspection. If youre making a massage oil, youre making a cosmetic so in Florida you need a registered cosmetic manufacturing facility unless you fall under the new exemption. Could I make lip balms and just label them as lemon stick or peppermint stick and write a disclaimer saying for scent purposes only not for cleansing, beautifying, promoting attractiveness, or altering the appearance of the user I can tell people I like to use it as lip balm, but the label will not say lip balm, or make any claims. Join the 1,000+ people that want to learn how to start a business! Those are all cosmetics. Or where we can look for more info on what they are looking for during the inspection? If you havent already, put together a business plan, and do the necessary research to see where and how to sell your products. sodium olivate or sodium palmate etc). Scoops - It's important that the jars are properly filled with sugar scrub when a customer purchases them from you. 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? We set up our equipment on the main work table and have set up and breakdown/clean up procedures in place. Great info. Aromatherapy diffusers fall into a home scent type category and arent considered cosmetics. According to the state, the commercial kitchen can only be used for cosmetic manufacturing, no food commercials kitchen qualify. 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. 1940 North Monroe Street Its not a cosmetic because it is not applied to the human body. The regulations in Florida apply to cosmetics, and require a separate licensed facility. Business Card Card:If you're looking for a more robust bank account for your business, you may want to consider opening a business credit card. Start and Grow Your Side Hustle or Dream Business withZenBusiness for $0 plus state fees. Florida collects sales tax on all retail purchases made in the state. FDA, as a government agency, does not provide referrals to private consultants. If your soap is made with a detergent (some MP soaps are) OR you call it something else (shampoo for example) OR you say it will do anything more than clean then it falls under the cosmetic rules. There is no exemption (I checked with the state office by email). I specifically asked about a year ago and was informed that there were no exemptions for small/cottage business allowed in the law. Now, add in 2 tablespoons (29.6 ml) of honey. In order to be exempt from the definition of a cosmetic it must be an oil/lye/water based soap AND marketed and sold only as soap. Along that line, when I make a new product, or variation of a product, and I give to friends test, that would be outside of FL regulations, correct? The different sections are in Word documents that need to be downloaded separately. Be watchful of the benefits for the products you are having them make, and limit those to cosmetic benefits; otherwise you are stepping into the drug area. and I would supply the materials needed to make them and we all make it together. Hello! We are organizing ourselves as the Florida Cosmetic Manufacturers Coalition. A products intended use is determined by factors such as claims made for the product, consumer expectations, and certain ingredients. A massage oil candle is simply a candle that can be used as a massage oil once melted (which Im assuming is a cosmetic). Do I have to have license for every single kind of soap: ie: goats milk, olive oil, oatmeal, aloe Vera bases? (I apologize if it was) I did read that someone wanted to give a free bath bomb if a customer purchased a certain number of products. It would only be worth all that time, expense and overhead if your sales are significant. Could be the BUILDING, could be the PROPERTY. Its also important to stress the importance of decisions and only make the decision you believe is the best fit for your current situation. My business would not carry any other cosmetics, just home fragrances (candles, diffusers, room sprays, etc.) In order to be exempt, the bulk of it must the the alkali salt of fatty acids, and it can only be labeled, marketed and sold as soap. Body butter IS a cosmetic. I asked these questions because based on what you tell me and recommend, I would know what should not probably sell. 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. I have been looking into how I can legally start expanding my product line and a local business that does massages/acupuncture and other holistic health related things has offered that they may have space available for me to use for manufacturing once I find out the requirements. That doesnt change that the soap is still primarily soap. Would you happen to know a number that I could call to get the information ? Keep in mind, also, that if you are trying to get around having products for sale, you sort of shoot yourself in the foot because doing that will ALSO eliminate the possibility of taking the deduction of your expenses (since you dont have a business and arent selling). And then Ill have to register for my area in Florida (Bay county)? Homemade Sugar Scrub with Brown Sugar and Coconut Oil i am a little confused. If you are really looking at going doing the donations or gifts in appreciation route, check with an tax professional and/or a business attorney. in Florida, you need to be registered and you cant be registered to make them in a residence. If you are mixing up the product for the customer, then it definitely falls under cosmetic manufacturing (although its really a stretch to call it manufacturing when you are making products one at a time the regulators really dont get our industry!). If I get someone to make soap and hair mask from a different state and I put my own label on them, do I still in a cosmetic licenses. The cost will depend on how many options you offer in terms of your flavor blends, how many containers you want to fill with one pound of sugar scrub, and what brands of flavor oils or scents that you decide to use. 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. I wont have a store in Florida. Ive searched and searched. Youll need a facility outside your residence (and if Miami has zoning restrictions, it will need to be in a correctly zoned building). Even if you are manufacturing your products in your home or salon, these guidelines will help you keep your process and your products safe. There are about 6 of them. If you are unfamiliar with the requirements for good manufacturing practices, they are covered in detail in Good Manufacturing Practices for Soap and Cosmetic Handcrafters (link to Amazon). I wonder if in Florida, to have the license to manufacture, you need a professional (chemical or pharmaceutical) is required? If you have a business making cosmetics in Florida there are other regulations that apply. Thank you so much. Room and linen sprays arent cosmetics unless you say they can be used on the human body. I have a big work room in a sort of a warehouse style space with fabric and sewing machines and a large cutting/work table. Type of business (sole proprietorship, partnership, LLC, etc). Will I be able to make and sell body butter soap if it doesnt have Lye in it? In 2020, I left my job to build media websites and share my knowledge through newfoundr. Will required records be computerized, automated or stored electronically. However if I wanted to start selling privately to friends and family only how would I go about doing that? BUT the minute I add a lotion or sugar scrub to my product line, those products do fall under the Florida cosmetic manufacturing regulations? Its majorly still the soap base? of Corporations. Can I make melt and pour soap at home and sell? In addition, all of the indivudal products must be registered with the state, including the ingredients and labels. They also have shipping restrictions. However, I seem to recall there is some legal concept that if you are only giving something away when something is PURCHASED, then its like you are selling it. so Im wanting to start selling This is all so confusing. Hey Marie, I wanted to thank you for being so responsive on this long thread, its really answered a lot of my questions before I asked them. I assume when you are talking about the FDA here, you are referring to the State of Florida licensing for cosmetics? (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. Thank you in advance My understanding is that you cant have the manufacturing on a residential property, even if it is a separate building. Without knowing the actual percentages, it would be hard to say if the bulk of the nonvolatile matter meets the definition. Can we make soap at home? How do we go about receiving a copy of the Webinar. The Florida statutes and rules dont define the criteria for a soap to be exempt. Javier Guandalini, Product development & Quality Engineer Pharmaceuticals. In that case you would be more like a distributor or retailer. would it be ok if I shared this info with other Florida soapmakers? 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. You should make sure you are following the sales tax regulations for your state and any other the states you sell INTO if that is an issue. Thank you, So here in Fl I cant make or repackage any bath product except soap? And GMP requires logs of incoming ingredients and batch records with ingredients tracked. You still have to register your facility (currently $800 for 2 years), get it inspected ($150) and approved before you can manufacture cosmetics. Hi Marie, The regulations apply to manufacturing cosmetics. The application still has not been updated. Baking soda, corn starch, salts, oils. The requirements are covered in Florida Rules 61N-1.010. Conversely, every time someone is caught, it gives the regulators one more reason to put stricter laws in place. Through our extensive research, we've pulled together all of the details needed to begin your entreprenuership journey. This would limit using a distribution service, including sold by Amazon where Amazon stocks and ships the product. Business permit or license depends on the city and/or county you live in. Why would you have to use the address from out of state? 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; legal permiting requirements for starting your own new start up company Other business in 53901 Columbia County, Wisconsin Part Two. If you are just starting out, you will probably meet the less than $25,000 annual sales requirement. Will I be able to make and sell sugar/salt scrubs if I market it as a moisturizer? Our employees lost their jobs, our landlord lost us as a tenant, we left our homeeverything, and had to leave Fla just to work. Not only immensely helpful, youre extremely patient with the help youve offered so many crafters and artisans too, as Ive read MANY redundant questions (ie: Are bath bombs cosmetics?) The same way that a kitchen can be authorized for commercial purposes, a home can qualify to be in compliance with GMP (I know what Im talking about).