Pay the initial fees (with the application), Renew license every two years (and pay renewal fee of $800). We also have a home in Florida, ( we are in florida 4-5 months out of the year) If I make and label all my products in Georgia, can i sell them in Florida? HOWEVER, if the room spray is made with 200 alcohol, then it probably is flammable and as such does have some restrictions as a hazardous substance. We have a commercial production space for our soap production already, but wondering if we can legally expand our product line. It gets into some pretty interesting law there! I am new with Florida regulations. They also have shipping restrictions. Set up a professional email address using a service like. Do you still need a business permit to make soap in your home that you intend to sell? By the way, do i still need to get a tax id #???? Im just hoping that there might be a group of people that might have some mentoring advice. You just cant make any CLAIMS that the essential oils, the blend or the product with cure, mitigat or prevent any disease. The entry would just be to sign up and become part of the email list. First, you need to make sure that your melt and pour soap qualifies as soap. (, The bulk of the product is the alkali salt of fatty acids (lye/oils soap); and, The cleaning properties come from the alkali salt of fatty acids (not from any added synthetic detergents); and, No other claims than cleaning are made for the product. So in Florida, in order to make (manufacture) cosmetics and lip scrub is a cosmetic you must get a license as a cosmetic manufacturer from the state, pay the fees and get inspected. i would list everything thats put into the soaps and other products Am I missing something? All the things necessary to making sure that your products wont become adulaterated or misbranded. But there isnt an INCOME tax in Florida. To learn more, see Microbiological Methods for Cosmetics.. Firstly, I love that everyones questions was answered! Tallahassee, FL 32399-0783. Many of us dream of starting our own business. The actual statute says, An establishment that is a place of residence may not receive a permit and may not operate under this part. The regulations that implement the statute dont seem to have anything more specific. Since Im for sure going to be making less than 25,000 a year, would I be exempt from getting the license? Ficticious name filing with the state is required if you are doing business as something other than your personal name. If you purchase products wholesale (cosmetic, lip gloss containers or anything else) that are already packaged and ready to sell, you are just a store, reselling products, not a cosmetic manufacturer. The laws for small cosmetic manufacturers recently changed in Florida see Florida 2021-Changes to Cosmetic Manufacturers Law. For the next 12 months, we plan to do hand made lots of our products and will only set up our manufacturing equipment (portable induction burner, roll up silicone work surface cover, dedicated kitchen tools, etc) once a week or so to make a new lot of product between working on other, non-cosmetic products with our main s-corp (separate from the body product llc). Thank you so much for your help! Is there anything I should know or do first? Appreciate all your hard work keeping us informed! If yes, then what application we should fill out? In Florida, like at the national level, soap MAY be exempt from the definition of a cosmetic IF it is 1) the alkali salt of fatty acids (made of lye and oils/fats/butters), AND 2) is identified as soap AND 3) only claims to clean. They can still investigate complaints, carry out inspections and so forth. So even if a bath bomp is made with real soap, if it is marketed as a bath bomb it is a cosmetic. Is this correct? I am making various sized bottles and was just going to label them Bug Spray and list the ingredients. Where multiple buildings are under common exclusive ownership, operation, and control, an intervening thoroughfare does not affect the contiguous nature of the buildings. Discover your dream home among our modern houses, penthouses and. Living near the GA border I plan to take my RV across state lines to manufacture, package, and label my products before bringing them back to Florida. Hi, Im very confused about the regulations. Cosmetic manufacturers will only need a permit. Just curious about this.. There is some question as to whether shower gel or batch bombs would qualify under the exemption. Thanks for all the information youve provide to all of us. I make melt and pour soap and add fragrance and essential oils so Im curious to know. You need to get an ID number from the Dept of Revenue (or whatever its called) for collecting and reporting sales tax. I hope you were able to set your business up somewhere else and continue with it. 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. If you CAN get non-beverage alcohol, you are probably going to be much better off business-wise because you wont be paying the retail alcohol tax (which is about $5.40 per gallon in Connecticut). Hello 3. 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 different sections are in Word documents that need to be downloaded separately. I am thinking keep my business name (register) in NJ make products here and bring to florida to sell. I have finally been able to send out the application to the Department of Business and Professional Regulation, but I havent heard anything back just yet (its still early). 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. 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? on the back listed ingredients***. Also do I need to make the product outside of my house? Marie I have a friend who just a few months ago got her FDA approval to make soap, creams and other products which are made in her home. Adding bubbles to bath water? If so will a ventilated storage shed work? In Florida, a COSMETIC manufacturer must be licensed and inspected and cannot make the product in a residence. You should probably check with the state inspectors office to see what they ahve to say about that. But do I need another liscence to sell the soap? Lets assume Im making and selling soaps from home, following all guidelines that exempt me from registering as a cosmetic manufacturer. That may be due to the interpretation of the inspector, or it may have to do with the actual facilities. So I cannot make these in my kitchen? I use a foaming bath whip base to make whipped soap. The criterion for cleansing, beautifying, promoting attractiveness, or altering the appearance is used in the federal statutory definition as well as that of many (maybe all) states, and you can see thats not what massage oil is for. So, I always recommend that people voluntarily follow the law and regulations DESPITE what others may be doing. In answer to your first question I dont know what the State of florida would think about your manufacturing in AL. The Florida Cosmetic Manufacturers page has been updated since the last time I looked at it (not much information there right now). My other concern are spiritual businesses. You can still, of course, describe the soap itself (color, scent, suds, lasting, history, etc). If a product is intended to alter the function or structure of the body its a drug and the FDA regulates animal/veterinary drugs the simiarly as they do human drugs. (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. A company (with all the registration and such in place) makes the product for you, complete with seal and label. Some cities say you cant have a business in your home some limit the KIND of business that can be in a home some dont care and dont have any permit or license requirements. As an additional note, the FTC regulations state that the identity of a product (soap in this case) may not include the name of an ingredient unless it is present at substantial and effective amounts. So, Im thinking I can drive to Georgia, rent a motel room for a few days. Luckily Florida doesnt have income tax, but I dont know what other taxes in Florida and/or New Jersey would be applicable. In that case you would be more like a distributor or retailer. What are the requirements for the space? The whole point is to ensure that the product wont become adulterated because basic GMP isnt in place. 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. I attended the Batch versus Manufacturing class. It certainly gives an idea of what the process entails! Ive read just about every comment on here and have learned so much thanks, Marie!! Drug manufacturing facilities must be registered and approved at both the federal and state level. I specifically asked about a year ago and was informed that there were no exemptions for small/cottage business allowed in the law. Does this mean I need to license each product individually as well as license a business? 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 will talk with an accountant. farmers markets, festivals, online, local stores, etc? No. i dont really add anything into them other then scents and color. I would be so thank full if there is somebody who can guide,help or orientate me. I was thanked for my 950.00 payment to the FDA or just have knowledge of manufacturing? Providing the department with false or fraudulent records, or making false or fraudulent statements, regarding any matter within the provisions of the Florida Statutes (Section 499); Failure to obtain a permit or registration, or operating without a valid permit when a permit or registration is required by this part for that activity; The dissemination of any false advertisement of any cosmetic. Must I test my products and ingredients? In order to be exempt from the definition of a cosmetic, and there fore exempt from the cosmetic manufacturing regulations in Florida, the bulk of the product must the the alkali salt of fatty acids AND it must be marketed and sold only as soap. Your destination for buying luxury property in Grenoble, Auvergne-Rhne-Alpes, France. Under this law, cosmetics must not be adulterated or misbranded. I live in Fl. Hi Marie! If I were to create solely soap, the lye and oils definition, would I still need to have the safe practices in place ie. I am close to becoming a certified Aromatherapist. So you are not limited by the requirements of the cosmetic manufacturing license and can make the product in your home (provided there arent any other issues). Thanks again for everything youre doing Marie! The department of health in Florida views manufacturing the same way they view pharmacutical manufacturing. 3. Do I need a permit in Fl. However, I would also presume defining the permitted location may negatively impact small businesses already permitted. Just one more reason to get it now! Wow, that is a really awful tale. So youd have to be licensed as a cosmetic manufacturer in Florida. I needed logs for temperatures, logs for FIFO process, batch code logs etc. If I make soap in Florida, not cosmetics, can I make it from home? The company that manufactures the products needs to be in a different state and I assume that it would need to be all legally set up in that state. Also for example, Id research the ingredients, explain what the ingredients are, the benefits, contraindications. I make soaps, scrubs, lips balm, lotions, etc. THIS IS MY GUESS ON HOW IT MIGHT WORK. If you are making soap that fits that definition, then it does not fall under cosmetic registration requirements in Florida. Has anyone used commercial kitchen space for this? I look forward to your reply to the 4 questions. Your supplier should provide you with the information you need to correctly label the finished product for sale. Do I Need A License To Sell Sugar Scrubs Sugar scrub. Hi there, Thank you so much for all your hard work and comments and keeping us updated. Forcing small businesses to flee the state to support ourselves and families makes no sense at all for Florida. In Florida. Shampoo bars would be considered cosemtics. Soap, if it is exempt from the definition of a cosmetic, and candles are not cosmetics and do not need a cosmetic manufacturers license. The facility cant been in a residence, although it looks like it MIGHT be acceptable if it is on a residential property, but in a separate building. 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? If so, consider starting a sugar scrub business! Cosmetology said they dont regulate salt scrubs, call my local county office. A complete GMP program for your new facility can be created in 1 month if you have some technical writting skills and background in Quality. From equipment to marketing, we've got you covered. Since salves are applied to the human body, they are either a drug or a cosmetic in Florida and everywhere else. Social Media: Social media has become a major source for both personal and professional interactions over the past decade or so - make sure to keep up with your accounts! Any cosmetic product that is made by an exempt cosmetic manufacturer must have the statement Made by a manufacturer exempt from Floridas cosmetic manufacturing permit requirements on the label, in at least 10 point type, in a contrasting color (to the background). Im located in Florida and am attending an event where people will be buying and selling. Animal testing is not a specific requirement for marketing a cosmetic; however, whatever testing you rely on should be scientifically sound. For example, some are regulated as drugs. There may also be local zoning restrictions or requirements. I am new to Florida and live in an apartment, so a separate building is not possible at this time. Is this allowable in FL? Well, there are certainly some extra requirements to establish and run a successful and profitable company manufacturing cosmetics in Florida. Is that correct? ; non-cosmetic and non-drug) and bath bombs (cleansing purposes only) from a wholesaler and labeling items as my own to sell online. But as soon as you call it a shampoo bar, and say that it does anything at all for hair, then you have crossed over into making it a cosmetic. 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. So, if you get the product and ONLY relabel it and never open the container, then you dont need a permit. I registered 63 products and spent over $2000 just to get it done. Does any of this still pertain if you are only selling at farmers markets? Assuming you are in Florida, you can legally make soap provided it is exempt from the definition of a cosmetic. Heres mine, since I havent seen it yet. You really are wonderful to spend so much of your time helping others. To get a business license, you'll need to fill out an application and submit it to your local licensing authority. I am in Central Florida by the way and thank you for everything that you do. I have called every office in Tennessee and everyone is telling me I dont need a license? I am thinking of making my tattoo balm to sell, but am not sure where it falls in that fine line of cosmetics to medical. Thank you in advance for your response. These are listed in regulations called listing regulations. Some may be used only if they are from batches certified in FDAs own labs. Marie, None of those items are applied to the human body and so are not cosmetics. I believe the manufacturing regulations apply to facilities that make cosmetics for sale. Biennial (every two year) application fee. Note, Ive only included items relating to cosmetics and have removed references to drugs and devices, to which all of these items also apply. You would need to meet the cosmetic record-keeping requirements and other stuff. Ive read the 499 rules backwards and forwards . I understand that in order to not be a cosmetic, my soap can only be advertised as soap, do I need to add the word cleans or cleansing anywhere on the label or just soap will be enough? We have a question. Florida cosmetic regulations require cosmetic manufacturers to get a permit to operate in the state of Florida. 3. Altering a packaging component that is or may be in direct contact with the drug, device or cosmetic. If your products are manufactured for you and all you do is label them, without opening them, you shouldnt require a manufacturers license. First, find out what it takes to sell it legally in FL. the said Licences have also to be approved by Central Licensing Approving Authority i.e. This may seem like a lot of work, but it will save you a lot of headaches in the long run. This would limit using a distribution service, including sold by Amazon where Amazon stocks and ships the product. I am trying to find a way around not being able to produce my products at home. 361 and 362. d. Sell cosmetic products that are stored on the premises of the cosmetic manufacturing operation. (Like any store, thats how it works.) What is repackaging? 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. I dont know about the liability as a distributor of a manufactured product. I just dont know how they would consider a food truck whether it would be considered part of your home if you use your home address. I am a batcher and not a manufacturer. I have searched myfloridalicense.com for many soap companies who I know make creams in Florida, either in their home or store. Thank you for your help! 12. 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. You can also freeze this scrub and store it for a longer time if you have trouble finding customers. 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. In Florida, to legally make the product you must be a registered cosmetic manufacturer. Hello, We are starting our soap and scrub business and were unaware of the restrictions here in FL. In addition, all of the indivudal products must be registered with the state, including the ingredients and labels. sorry as i stated i just moved here my old place didnt have any laws regarding soap making. However, that is NOT the case now w.r.t. I just went on the site to see if they have updated any information as of yet. We have to get the word out to people who have no clue what they are doing to their bodies. I have a question. I see so many people at farmers markets, flea markets, online selling homemade bath bombs, lotions, and scrubs. I have 2 questions: Checking Account:The most common type of business bank account is a checking account. So if Im understanding correctly as long as my soap is lye and oil based I can add whatever I want so long as I make no claims other than it cleans. Hi, Donna Lee. But if the purpose is as a decongestant or other medical reason, then it is a drug. If you are selling COSMETICS, then you must be licensed, have your facility inspected, and register each product for a Certificate of Free Sale. Ive been looking for a issue on line and have not been able to find one. You should probably do some research into the chemistry of soap. An advertisement is false if it is false or misleading in any way; The manufacturing, repackaging, packaging, selling, delivery, holding, or offering for sale of any cosmetic for which the advertising or labeling is false or misleading; The advertising of any cosmetic that is adulterated or misbranded; (See. 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. 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. Youre not MAKING you are SELLING. Additionally, they could offer special discounts and promotions to encourage customers to come back and purchase their products. Do you have any information on this ? We are wanting to to sale lip balm. I have heard similar horror stories. Choose a color scheme that reflects your company's personality. I found soap loaves that are pre-cut, but have to sit 2 weeks to fully cure. So, technically, yes, in Florida, in order to manufacture lotions or creams for sale, you must have a registered facility outside the home and have your products registered with the state. Just checked and some links and prices have changed as of March 2015: Please, dot be afraid of GMP and SOPs inspectors wont do anything unless youre already in trouble. Soap is exempt from the definition of a cosmetic, IF it is 1) the alkali salt of fatty acids (made with lye and oil), AND 2) is identified as soap AND 3) only claims to clean. it (the product) and you cannot even sell it, until they approve it (and they are sloooooooooow). If you make it in Florida to sell, then yes, you need to be registered as a cosmtic manufacturer. 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. This is very good news! Bath salts are a cosmetic. Remember, however, that not all personal care products are regulated as cosmetics under U.S. law. bath salts (maybe) In Florida, as with the FDA at a federal level, soap can be exempt from the definition of a cosmetic. 13. You could purchase product from any company or make anything that is legal for you to make to sell in your business. Once you have done that for a while, then start by exploring the laws in states other than FL where you would like to do business. If I were to make a liquid soap that contains no Lye, but contains oils and xanthan gum as a thickening agent, would this still be classified under soap? This will help youtrack your expenses, revenue, receipts, taxes owed, and much more. Is MP soap a soap or cosmetic? Its unclear at this point. In florida, for a cosmetic (like a massage candle) that would include being registered as a cosmetic manufacturer. No, a permit is not required (unless there are some requirements for teaching in general). The President said he wants to bring manufacturing back to made in USA so its time to become a personal lobbyist and petition the President and the over the top regulations to sell some soap and lotions. You may also have local regulations (city or county) covering the location and permits for your business. The law does not require cosmetic products and ingredients, except for color additives, to be approved by FDA before they go on the market. For your sugar scrub business, you may not need one right away, but it's best to plan for this! 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. To your knowledge has there been any clarification on whether or not we can manufacture with a cosmetic license out of a separate building on our residential rural property? If you are in Florida, you need a cosmetic manufacturers license. Its just like any other business that buys and sells products. I plan on making auric sprays for home use. If you are making and selling candles, I HIGHLY recommend that you have product and general liability insurance. Pour the . 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. Thank you so much Marie Gale for your knowledge and for you to take the time to share them with us. What do I need? 4. The term includes repacking or otherwise changing the container, wrapper, or labeling to further the distribution of the product. I rather think not, but I cant be sure. They are 100% Organic and handmade. State of Florida Product Registration Form document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Online Labeling Class (at The Nova Studio). from reading the cosmetic laws in florida I am in the process of finding a company that will make my formulation. Of course, a bath bomb could be a drug if the intent was to cure or treat some disease (say, as a soak for sprains or to clear a stuffy head). Or can I use my companys name? Through our extensive research, we've pulled together all of the details needed to begin your entreprenuership journey. Do you need a license to sell soap?
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