Keep in mind that the inspectors are pretty savvy. To learn more, see Microbiological Methods for Cosmetics.. with no cosmetic claims. Its unfortunate that the rules and regulations are not only unfair and pretty unnecessary, but how UNCLEAR all the rules and regulations are when you go to different government websites that say one thing and then you go to another that says the opposite. IB. State of Florida Product Registration Form Although its possible that some officious official could say otherwise, yourre probably okay. However, it you get the product in bulk and then repackage and label, then you DO need a permit. You should contact the state for additional information if you are planning to go ahead. I specifically asked about a year ago and was informed that there were no exemptions for small/cottage business allowed in the law. So my question is this I am a Florida Resident, can I sale my lip balm if I make it at a high end suite/hotel with kitchenette in Georgia or South Carolina and maintain proof of hotel stay to show it WAS made at that location. Also application page 8 section VII Manufacturing Activities requires written policy procedures to be included in the filing of the application. Also, was going to sell bubble bars but they have Cocamidopropyl Betaine ( Coco Betaine) which is made from coconuts and is for bubbles. A suitable space in a commercial kitchen would probably work for the physical space requirements. Please help. Scoops - It's important that the jars are properly filled with sugar scrub when a customer purchases them from you. It is my understanding that you would still have to follow the Florida regulations as the product is being MADE in Florida it doesnt matter where it is being sold. Makes you wonder how and why they came up with that nonsense. Youd have to check with the state office that needs to approve your facility for manufacturing cosmetics I dont recall seeing anywhere that it has to be a stand-alone building, just that it cant be in a home. Then, when your business has expanded and its time to move into a commercial space and get your permit, you will be ready and able to do it without having to re-tool your whole operation. 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. Is this correct? The state searches for you, or competitors would report you to the state, then you get that knock on the door, and I had a separate facility. You could purchase product from any company or make anything that is legal for you to make to sell in your business. I understand the label cannot describe the benefits of ingredients used, but what about the website? Im ok with going back to Pa once a month and setting up business there for making product. I tried searching for information about the changes online and cannot find anything. 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. To get a business license, you'll need to fill out an application and submit it to your local licensing authority. sodium olivate or sodium palmate etc). Regards. My husband is active military, so we get moved around quite frequently. Hi there, Thank you so much for all your hard work and comments and keeping us updated. Again, that would make you a commercial cosmetic manufacturer. I have read the bill content and then I did go to the DBPR website. I will be only putting the soap and bath bombs in shrink wrap and placing the label on the items. from reading the cosmetic laws in florida I am in the process of finding a company that will make my formulation. So much great info here and helpfull links! An example: A double batch of one of my popular salves will fill six 2 ounce tins. 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). I plan to make soaps, lotions, scrubs, etc I want to sell online, etsy and at craft shows. Good luck! The thing about a smooth floor is that it has no seems. (Shea butter, yes, but not moisturizing). If the soap is exempt from the definition of a cosmetic, then you dont need to register as a cosmetic manufactuer. I started making soap and I am afraid it may fall under the cosmetic law. This means that they must be safe for consumers when used according to the labeling, or as people customarily use them, and they must be properly labeled. New cost: $30.00 per product John Ray. With a little planning and some creativity, you can create a brand identity that will make your sugar scrub company stand out from the rest. Tax-wise, you might be able to claim gifts from people who get your products, but the IRS is pretty savvy about getting around business income. 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. And routes with connections may be . Tell please, if I do soap from soap base and add in it oil, flavor, dye, mica andm pouring in different forms, I still can to do his homes and this will nazyvatsya soap? One is my store is set to open next month where I would have been making my natural and organic lotions, etc., is on the beach and is a row of buildings with just a suite number, from what I read above this would not be allow, it would have to be a stand alone building? The whole point is to ensure that the product wont become adulterated because basic GMP isnt in place. Therefore I expect people there to take seriously the for cleansing, beautifying, promoting attractiveness, or altering the appearance phrase and start marketing products with disclaimers of cosmetic purposes. What about using a foaming hand soap base and adding our own fragrance? Glycol, Coconut Oil and Triethanolamine are the largest percentage ingredients. soap that wasnt already not a cosmetic (that is, it was already exempt from the definition of a cosmetic). Since it is soap would that be considered soap? I look forward to your reply to the 4 questions. and can I make face bars if labeled I feel lost in the crazy rules in Florida, Ive found some people that charge a hefty hourly fee for consultation but I simply cannot afford to pay it!! I would like to share this scenario and get your thoughts. With the passage of the Farm act legalizing growing of hemp (non-THC), there is a big gray area. There are contract manufacturers wholl use your formula confidentially to make and package what you want. Yes in order to do what you are describing, you would need to be licensed as a cosmetic manufacturer in Florida. Dont use terms such as natural as part of an ingredient statement, because ingredients must be listed by their common or usual names, without additional description. But it doesn't have to be! You can read the actual requirements in Florida Rule 61N-1.010. There is a whole lot going on here in Florida especially when it seems they just tagged soaps cosmetics as drugs to appease lobbyist of senator dianne feinstein of California and senator susan collins of maine with the origination of the Personal Care Products Safety Act. Could be considered either a cosmetic (because youre in the shower and the steam is in contact) or a room freshener (as you say). Marie, thank you for taking the time to answer our questions. 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. Hello, question about product descriptions on websites. Since this comment is about Florida Cosmetic regulations, I assume you are in Florida. They offer free templates which makes it easy whether you are designing your own label or printing mailing labels. Sign up for my newsletter to get notifications of new blog posts and occasional newsletters with general information. It is intended to alter the function or structure of the body and/or to mitigate, prevent or treat disease. You can say moisturizing because that is a cosmetic claim (alters appearance). Colors can communicate a lot about a brand, so it's important to choose wisely. Also, there are very specific rules about Made in the USA so if the product is made outsside the US or using ingredients from outside the US, then you should be careful of the Made in the USA claim. If you want an ultra hydrating scrub, use 1/2 cup oil to 1 cup sugar.You can also mix and match the oils. You can also write checks from your checking account, which can be helpful for paying bills or suppliers. 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. I should be fine as long as Im following the laws of that country, correct? makers. Is there any regulation for adding beer into the soap? As far as I have been able to determine, even a separate building on a residential property is not acceptable but there has been conflicting information on this. If you arent making any cosmetics, then the cosmetic regulations (including not making cosmetics from your home) dont apply to you. It took me some time, but I have read through this whole post and all of the above commentsI have even contacted John about the Florida Cosmetics Manufacturers Coalition. If the product you are using contains Disodium Lauryl Sulfosuccinate, then it is a detergent-based product. 8. 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. While the process of registering your business name on a state level is usually fairly easy, registering for a trademark is trickier. 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? I also sell loose organic tea. I have 2 questions: Hi, whats your opinion on this what if I teach classes to the public on how to make infused oils, body butters, lip balms, etc. Sugar - You will need one type of sugar at least but I recommend having two different types on hand so that customers can choose their favorite texture between coarse and fine grains (white granulated & brown turbinado). 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. It says cosmetics must have a separate facility, but does not address location of soap making, which leads me to think a clean kitchen is acceptable. Are things like bath teas, bubble bars, & bath bombs cosmetics too? If you MP soaps are soap that is they are the alkali salt of fatty acids (made with lye and oil), then they are exempt from the definition of a cosmetic and you dont need to get registered as a cosmetic manufacturer in Florida. ss. If you are SELLING the product, then all of the FDA regulations apply, as well as any regulations in your state. You need to register your business, get a tax license/id, collect sales taxes, etc. Is that correct? Consider factors such as age, gender, geographical location, income level, and interests. Try continuing to call the department, but also send a letter or a fax. Youll have to wad through the list (its not long). Thank you so much for making things easy to understand! I am not a professional cosmetologist or anything I just want to make something for me and my friends and family for now before I actually start a business. I moved to FL a few months ago, started this business now Im stuck. Some areas dont allow a buisness on a residential property; some allow some types of businesses, but not all. 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. 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. Is this true? If you decide to do it yourself, make sure you choose a system that is easy to use and understand. Our property is zoned as agricultural land because of our grapefruit grove, if that plays any factor into it. What kind of feeling do you want your customers to have when they think of your sugar scrub brand? Nonetheless, I am wondering if we can work in someone elses manufacturing facility or start a group facility ? I suggest you get the book, Good Manufacturing Practices, so you can gradually work toward getting your own GMP in place. Only Section 7 deals specifically with the actual manufacturing activity. But, Florida? However, business credit cards typically have high-interest rates and may have annual fees. Am I pushing my luck here?? The Handcrafted Soap and Cosmetic Guild How-To Library has a good section on business and business start-up requirements. Douing it that way, you basically end up having a business in the other state that puchases materials, makes products and sells them (wholesale) to a business in Florida. 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. The (federal) Food Safety Modernization Act that went into effect several years ago DOES have some provisions for small businesses and farms that make food products (especially from produce they grow), but it doesnt apply to cosmetics at all. A commercial kitchen covers many of the requirements but not all. Under normal circumstances it would certainly be a cosmetic product. I believe the regulations just say in a residence. That is good for 2 years. Helping soap and cosmetic handcrafters navigate the rules and regs. 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. The difference between batch and manufacture as defined in the class is more of a practical definition both fall under manufacturing in the legal sense. what about other processed soaps? My question is can you give me an example of what to label soap. This will give you the legal protections you need to operate your business and protect your personal assets. From the lined page, click on the Final version it is available as a Microsoft Word document. I am planning on buying bulk body and hair care products for the customer to fill them in their own container. New sugar scrub business owners need to put together a comprehensive plan that takes into account all of the different elements of their business. (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. If you open the package and handle the product, then it is manufacturing. 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. First, you want to make sure the name is memorable and easy to spell. Sorry if I missed this question being answered already, I skimmed through most of the comments and didnt see any questions on it. HI, I hope this thread is still live. 2. Could be the BUILDING, could be the PROPERTY. Sorry I didnt get Maries question answered. properties of the article are due to the alkali-fatty acid compounds. I used to live and work there, and even had a facility to make the products in and the state of Fla came in, and gave me a cease and desist. Its a large fee for the permit and I want to be sure we are properly prepared to go into this line of business. You are now on your way to becoming a successful business owner. 12. (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. I would think that if you are just mixing up beneficial components for each customer individually at the time of the facial, it wouldnt really be considered cosmetic manufacturing. There may also be local zoning restrictions or requirements. What are the florida rules on that? The Florida statutes (499.012(1)(b)say: You WOULD need a permit if the soap were the alkali salt of fatty acids, but was marketed with claims that it would moisturize or do anything more than cleanse (the claims would make the product a cosmetic). We have a question. 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. 3. 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. IF they are intended to moisturize. I understand that there were consequences that led to these very stiff and unfortunate regulations, but it wasnt crafters that caused it and to me that is so unfair. can i make CP soaps and sell it labeled as soap and that it cleans, nothing else and still be exempted. Since they cannot be made in the state of Florida. Thank you for such a great article, Good question. Business credit cards can be very helpful for businesses that need to make large purchases or need to build up their credit history. Google search. We have posted this list of GMP guidelines to alert firms to some factors to keep in mind when planning their manufacturing conditions and procedures. See, You would NOT need a permit if you were making and selling soap that is the alkali salt of fatty acids (made from lye/oil) AND is only marketed as soap. (NOTE: the soap could still include additives or fragrance.). But can I make soap (for Cleansing) from home and sell it from home? I was relieved to find this thread has stayed alive for so long, as I found the information youve provided very informative; not only in the article itself, but throughout the comments section as well! 1. Sellers need to obtain licence from FDA ( Food and Drugs Administration ) for hand made cosmetics . The definition includes things like make-up, shampoo, lotions, creams, lipstick, lip gloss, beard oil, shaving cream, bubble bath, etc. Florida regulations cover cosmetics. I understand you can not make cosmetics in florida from your home, but are you able to have a building on your property that is solely for making cosmetics and follows all the good manufacturing guidelines? I currently rent out a space where we highly sanitize everything with rubbing alcohol before use, new pipettes for every batch, etc. For drugs (federal and Florida) there are two issues: First, for a drug to be entered onto the market it must be approved as safe and effective. It is intended to promote attractiveness . And second, I didnt quite understand, even just soap that cleans I cant make at home? Thank you so much. Is there a lobby or special interest group that we can join to push further changes in these Machiavellian cosmetics regulations in Florida ? I dont know what if there are any restrictions that apply to professional products used and/or made by cosmetologists in Florida. I see so many people at farmers markets, flea markets, online selling homemade bath bombs, lotions, and scrubs. You might be using the wrong form. Any advice? Hello Marie, Easy Emulsified Sugar Scrub - Oh, The Things We'll Make! Thanks for doing some research on our behalf! We can respond to specific labeling questions, but cosmetic labeling is not subject to premarket approval by FDA. We'll go over some of the advantages and disadvantages of each type of account, so you know what to expect from each one. Should I keep their names on the products? Wow, that is a really awful tale. Seems like they want to be of some say but not want the total responsibility for regulating Cosmetics. 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. Some cosmetic labeling requirements are regulated by other federal agencies. I am thinking keep my business name (register) in NJ make products here and bring to florida to sell. If you've ever wanted to know how to make sugar scrub, you're in for a treat. It apparently comes down to how establishment and is (as in is a place of residence) are being defined. You can reach me at jray@johnrayconsulting.com or 850.445-5044. The Florida Cosmetic Manufacturers page has been updated since the last time I looked at it (not much information there right now). Complying to regulations can be done in my dedicated business space just the same as complying in a leased business space. Once you've found the right account for your business, you'll be on your way to the next step in building your sugar scrub business! If you have a business in Florida then you need to be registered with the state. To learn more, see Key Legal Concepts: Interstate Commerce, Adulterated, and Misbranded. This may seem like a lot of work, but it will save you a lot of headaches in the long run. In this (very long) post, Florida cosmetic regulations are covered in detail. That may be due to the interpretation of the inspector, or it may have to do with the actual facilities. Also, give them more information about what it contains. If I were to buy bath bombs private label outside of Florida and just put my label on them, would I need a permit? Youll have to check locally to see what ordinances apply. I am starting a new soap making business and I have some very specific marketing planned for my soaps, but now I am wondering if some things would be considered cosmetic or medical claims. I asked these questions because based on what you tell me and recommend, I would know what should not probably sell. I had just finished getting all my labeling stuff and shipping info together, when I decided to give the Fl. I expect they use the same definition that the FDA uses [21 CFR 701.20(a)]: (a) In its definition of the term cosmetic, the Federal Food Drug, and Cosmetic Act specifically excludes soap. If I am going to sell them only online, they may also be sold internationally, will I need another the Application for Certificate of Free Sale? ill hold off on the shaving soap (only make it for the family for now) and thank you for your quick reply! Donna Lee. Thanks You could label them in Florida without a manufacturers license just not open the containers. Hello everyone! (Jump to exemption details). Fees . Im researching this online and think I need to speak with someone, I dont know whom that would be, to ask the question. You could check with the licensing department, though they could probaby give you a more specific answer. See Florida 2021-Changes to Cosmetic Manufacturers Law for the most current info. Man, am I glad I found your website. 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. I want to open a business in FL to offer workshops of soap making, lotions, mist, etc. Risky? The actual bill changes the wording of the cost of registration permit. Bath bombs are a cosmetic. Thanks again I really appreciate your advice. We have to get the word out to people who have no clue what they are doing to their bodies. 1) The bulk of the non-volitile portion is the alkali salt of fatty acids (that is, made with lye/oil/water, not a detergent) FINALLY- As of 6/2/2017, these fees and regulations are null and void. Have you heard anything new since the original post? So, I always recommend that people voluntarily follow the law and regulations DESPITE what others may be doing. Then look at the cosmetic manufacturing facility requirements (FL-61N-1.010) for an idea of what you should check in the building or space. Thanks for your help. The regulations apply to manufacturing cosmetics. I need to stick to the regulations? However, Ive gotten some conflicting reports on that, so you would probably want to check with the actual inspectors office before investing time/money into a space on your property. Just like any other state, Florida has business and tax regulations that apply to all businesses. I think this issue had something to do with it, because while they were in Fla. they had to stop making the other toiletry products theyd been making before the new law and make only soap. I have heard similar horror stories. Youll have to make your own judgement call as to whether you want to go with the existing regulations or go with a possible future change. I allow $1.00 for the cost of each tin itself plus the paper and ink to label it. 5. That means the only claim can be that it cleans no claims that could make it a cosmetic (moisturizing, soothing, otherwise changing the appearance) for the product itself OR any of the ingredients. Any other problem that could make the product unsafe for consumers when they use it according to directions on the label, or as it is customarily used.