Im a skin specialist been making my own products to use on my skin clients at my spa in Colorado. Manufacture and sell cosmetics that are soaps, not otherwise exempt from the definition of cosmetics, lotions, moisturizers, and creams. 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. And remember, choosing ingredients from sources you consider organic or natural is no guarantee that they are safe. Sugar scrubs can probably be classed as moisturizers which would fit under the exemption. (r)Cosmetic manufacturer permit.A cosmetic manufacturer permit is required for any person that manufactures or repackages cosmetics in this state. Probably not something you want to attempt until you have decided if you want to go into business or not. As long as they dont open the item. It includes things like batch records, batch numbers, retain samples, proper handling of raw materials, written procedures, etc. In addition, there are many sites dedicated solely to business news such as "Fortune. Thank you for this great information. Some areas dont allow a buisness on a residential property; some allow some types of businesses, but not all. Ive been doing research for days and have not ben able to find a clear, concise answer for anything. They might want to come and take a look if your products change to more complicated ones (like lotions or creams) to make sure you have safe manufacturing in place. 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. Maybe somebody can help me to start my hair cosmetic company or knows someone who can be partner entering with low budged. Also do I have to get a place of business to repackage? Instructions. I expect there are quite a few flying under the radar. We had to have an engineer draw up the design for the slab alone. But i feel like its a very grey area and would like a clear answer. 11 Reasons Why You Need Labels for Your Sugar Scrub Products However, savings accounts typically have lower interest rates than checking accounts and may have withdrawal limits. Does florida have any rules against making products from your home? Our employees lost their jobs, our landlord lost us as a tenant, we left our homeeverything, and had to leave Fla just to work. Could i make bath bombs and label them to be used for FUN in the Tub purpose. 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. If you get the product in the container it will be sold in, and you dont open the container but only put your own label on it, then you dont need a cosmetic manufacturers permit. Where can I find more information on FDA requirements I need to know about? I dont specify WHERE in the USA, but after reading through this article and all the comments, I might just move back to California. While you SAY you wont forget, sometimes it is easy to just lose your place on what you are doing. I dont know if I want to live there if I can only make soap. Thank you so much for this information! Here are some resources to help you learn more: FDA encourages both domestic and foreign cosmetic firms to register their establishments and file their product formulations with our Voluntary Cosmetic Registration Program (VCRP), but participation in this program is voluntary. Hi. Is there anything new based on this question? 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. You should check that out as well. cosmetics manufacturer | Cosmetics For Women | Everything You Need to Know About Cosmetics For Women! Florida has gone a step further by requiring licensing for cosmetic manufacturers the standards for which are the same as the basic GMP guidelines for cosmetics. What are the requirements for the space? lotion bars scrubs (salt and sugar) Do I have to have two business. My guess is that it was a compromise since they are losing the revenue from the individual product registrations. Oil- pick an oil that works for your skin. Here are 5 financing options for your sugar scrub business: Now, there are of course many other alternatives to financing your business, but these 5 options are just a few that come to mind. I was literally super confused about what I can and cant do at home and when I spoke to someone regarding what license I would need to sell my products I specified that I wanted to sell from home and she said absolutely nothing about it. Literally. If the soap is exempt from the definition of a cosmetic, then you dont need to register as a cosmetic manufactuer. The Florida definition of a cosmetic is just about the same as the FDA definition. Ive found them on sunbiz.org with a dba registration, but cant find any with a state license. Good luch to you on getting the laws changed they do need it. Your email address will not be published. I was thanked for my 950.00 payment to the FDA Javier. Have you heard of anyone being able to rent a commercial kitchen and use that space to be licensed as a cosmetics manufacturer? If it is intended to promote attractiveness or beautify or cleanse then it would be a cosmetic. The FDA has a GMP Inspections Checklist, which is supposedly what they look for when they do inspections. 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! In that case, I expect it would be much easier to change your base than to become a registered cosmietc manufacturer in Florida. What are the florida rules on that? I look at it as if it were a restaurant, and believe we should all be inspected and regulated. Any color additives they contain must be approved for the intended use, and some must be from batches certified in FDAs own labs. But, you DO work under the good faith standards (on a federal level) where everything you make, your ingredients are correct, etc, etc. 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 expect not, but they could. 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. Hello! You need to understand the ingredients in the soap base in order to determine or check with the supplier. I am just starting out my business in Florida. The Florida Departement of Licensing Cosmetics, would be the right place to ask. That depends on where you manufacturing is located and what the regulations are there. You can make and sell soap without going through the cosmetic manufacturing facility registration. The requirements have their basis in Good Manufacturing Practices and ensuring that the product wont become adulaterated or misbranded. So if you say that shea butter is known to moisturize you potentially change what the consumer considers is the intended use from cleansing (soap) to moistursing (cosmetic) because of the claims for the shea butter. I have big plans to grow my business, but I am starting with the lean start-up method so I am launching with essential oil roller bottles only I have 15 variations. NEXT STEP: Confirm your subscription. 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). There are a number of different business licenses and permits that may be required, depending on the type of sugar scrub business you are starting and where it will be located. Powder tint for the hair would be a personal cosmetic, so the cosmetic regulations apply. You can still, of course, describe the soap itself (color, scent, suds, lasting, history, etc). My husband is active military, so we get moved around quite frequently. So, if I want to make soap from soap base that does not contain lye, that would be considered a cosmetic? So really we cant make anything but soap in Florida. The actual requirements are covered in Florida regulation, which is detailed in FL-61N-1.010 (I downloaded and reformatted the document for easier reading). That tax can really up your product costs. FDA regulates cosmetics under the Federal Food, Drug and Cosmetic Act (FD&C Act). I am so confused. 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. Yes, probably. . We left the state. PS : I live in Florida also. There's no need to use shower gel or soap following your scrub. Can you help.I feel like I must be doing something wrong in my search. sorry as i stated i just moved here my old place didnt have any laws regarding soap making. In fact, assuming that your soap is clean and your are being watchful as you make it, you probably already have many of the the GMP basics in place. I rather think not, but I cant be sure. Now that you have your sugar scrub recipes you need to make sure that you have the following equipment and supplies to get started. If I can do any of the 4 based on licensing, I may focus on selling soap and candles and the supplies needed to make them. 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. I have heard of several people considering this option, but I dont know if anyone has actually been approved. Weigh out ad mix together the first 5 ingredients: the oil (but not essential oils), butters, and waxes. I need help. It is applied to the human body generally for cleansing or for perfuming. Do a little less than 1/4 cup of olive with a little less than 1/4 cup jojoba. I believe the manufacturing regulations apply to facilities that make cosmetics for sale. All sorts of facilities could be used to manufacture cosmetics in Florida. Individual products no longer have to be registered. Once you have obtained the necessary sugar scrub licenses and permits, you will be able to officially open your business and start operating. Let them know who made their favorite scrub, where you stand as a company (so they can trust you), and explain how to use the product. Could it be label d as shampoo bar? You also need the sales number (seller's permit) to sell them because you need to collect sales tax at least for the instate sales. Thanks for doing some research on our behalf! Step 9: Design a beautiful sugar scrub website. You throw them in the shower for an aromatherapy experience. You can make food in your , kitchen cottage food reg., without crap but not repackage and scent a lotion? What is the inspection looking for? Do your research. The ingredients cost me almost $36.00 total or $6.00 per tin. E.g. Florida does have a tax of some tangible property (theres a form to fill out each year) and they have SALES tax (which you have to collect if you selll products in Florida). Also, was going to sell bubble bars but they have Cocamidopropyl Betaine ( Coco Betaine) which is made from coconuts and is for bubbles. Its also important to stress the importance of decisions and only make the decision you believe is the best fit for your current situation. 6. If yes, then what application we should fill out? Whether they fall within the allowed products under the new exemption for lessthan $25,000 annual sales is still a question. 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? As for any business, you need to register your business name iwth the state of Florida, arrange for collecting sales tax for local retail sales and all that. Here's our shortlist of steps you can take. The Florida Cosmetic Manufacturer information has been updated to reflect that cosmetic products no longer need to be registered (based on the bill that was signed on June 2nd). Pay the initial fees (with the application), Renew license every two years (and pay renewal fee of $800). Have you heard anything new since the original post? Could I get more information and what licensing or requirements did she have to maintain? You can purchase and resell just like any other store. Not getting a required permit for a cosmetic manufacturing business is clearly a violation of the law, unless you meet the requirements to be exempt from the permit. Thank you so much for your help! My understanding is that you cant have the manufacturing on a residential property, even if it is a separate building. I understand the label cannot describe the benefits of ingredients used, but what about the website? Quick question for you as an aspiring CP soap maker looking to starting a business in the next 12-18 months: If I manufacture CP soap that contains Castor Oil (which is in fact an oil with moisturizing properties) but do NOT list it as a moisturizing agent or ingredient and do not make any claims that the bar will provide any cosmetic benefits, will I be able to legally sell without cosmetic licensing and manufacture in my personal residence? Bath bombs are a cosmetic. Soap is exempt from the definition of a cosmetic IF: If you are in Florida, you need a cosmetic manufacturers license. Wouldnt that mean that you are exempt from a permit if you are labeling (changing the label) of a cosmetic as long as it is sealed? Are salves considered cosmetics then? 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. Its unclear at this point. I will be preparing, shipping, manufacturing, and producing them. Its actually in the Florida LAW about no residential cosmetic manufacturing (not just agency regulations). No. 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. Thats a really good question. See my blog post, , for details on that. Whether the person has been found guilty of a violation of a law (in any juridiction) that directly relates to a drug, device, or cosmetic. Sorry if I missed this question being answered already, I skimmed through most of the comments and didnt see any questions on it. 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. Looking to begin the registration and inspection process soon. 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. Im wondering if I could get a clarification as far as your friend goes, Rebecca? Its not just the kitchen space its also all of the other things that go into good manufacturing practices (so things like material storage, finished product storage, record keeping, etc). The determining factor is whether the product is the alkali salt of fatty acids (that is, soap that is made from lye/water/oil) AND the only thing it claims to do is clean AND it is only called soap. Since you are making detergent-free MP soap, you are exempt from laws, regulations and licensing for cosmetic manufacturers. Anything that is applied to the human body for beautification, promoting attractiveness or changing appearance is a cosmetic. You do need to be licensed as a cosmetic manufacturer to make those products in Florida. Thank you! If I cant sell these products, may I give them away? Wow my nephew just opened a bakery here in Florida and did not have to go through half of this and we eat that stuff, not even all natural or organic, but sure is good Thank you so much Marie for sharing all of this! legal permiting requirements for starting your own new start up company Other business in 53901 Columbia County, Wisconsin Part Two. The site is secure. 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. All the other requirements, identity (soap or shampoo), net contents and business name and address are required regardless of whether it is a cosmetic or not. BUT, that doesnt negate the law or the regulations. I have a hair braiding license, do I need another license to sell lip scrub. Cant make those in Florida. If you have any questions or need help getting started, feel free to contact us and we would be happy to assist you. The Handcrafted Soap and Cosmetic Guild has good insurnace options available. Thanks for the response Marie! If you purchase products to sell (handmade, homemade or not), then you are just reselling product like any store or business so the cosmetic manufacturing regulations dont apply. A commercial kitchen covers many of the requirements but not all. The main on is rule 61N-1.010, Guidelines for Manufacturing Cosmetics (amended 2015). Do you know what is legally considered an acceptable facility for manufacturing or is it just anywhere that is not a residence? You can use safety data thats already available on individual ingredients and on products whose formulations are similar to yours. No matter whattype of business bank account you choose, be sure to shop around and compare features and fees before making a decision. Marie, On my label, it only states that my product is made in the USA/product of USA. Trying to do some research into the legalities of selling my homemade room spray. Only in FL, you can make soap at home and sell it, no permit is needed. DIY Sugar Scrub: 11 Easy Recipes for Allover Exfoliation - Healthline My recipe uses vodka. i have tried to research this and cant find any answers. I assume when you are talking about the FDA here, you are referring to the State of Florida licensing for cosmetics? So long as your soap isnt a cosmetic, then you are not a cosmetic manufacturer. Hello Marie Gale, What if I add Fragrance oil and micas? My plan was to make blends of essential oils, repackage bulk orders of oils as well as lipids and solid butters. Loose organic tea would fall under food regulations. No cosmetic claims no claims that it will do anything more than clean. Your article has been the most helpful so far! Thank you, However, if there is any suggestion that the product COULD be used on humans (like a shampoo, for example) then it would be a cosmetic and a permit would be required. I found soap loaves that are pre-cut, but have to sit 2 weeks to fully cure. Kari that would be fine, as our effort needs to learn more how and to what extent Florida soapmakers have gotten ensnarled Floridas complex and burdensome cosmetic regulations. My recipes are being kept within my family my cousin is helping me with everything down there. I looked at several bath whip bases online and both were detergent based. So say youre ordering gallons of lotion and only adding fragrance, do you have to batch test each gallon? Hi Marie, 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. If you dont have my book on GMP, it would be a good place to start. Lip balms are a cosmetic. If the soap in the soap base is made from detergents (not soap from saponification of oils with lye) then it is a cosmetic. Would I be able to make and sell those if I labeled it as soap balls? Beautifying or improving appearance, including removing odors is a cosmetic claim. Thank you so much for all your help! First, you need to make sure that your melt and pour soap qualifies as soap. If we play by the rules, the rules are less likely to be made tougher. I make only detergent free M&P soap. 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. Starting a(n) Body Scrubs Business Licenses Here are some examples: Cosmetic ingredient suppliers often have safety data on their products. Just want to make sure I am right. If you arent making any cosmetics, then the cosmetic regulations (including not making cosmetics from your home) dont apply to you. I currently make handmade soap in Florida and was wondering if I can sell whipped soap legally in Florida if I dont make any other claims other than that it is soap in a whipped form. I dont know of anyone in Miami specifically that would be able to help you. Keep in mind that since the bath bombs are a cosmetic, you will need to include the ingredient declaration on the label. See Resources for You: Industry" for a list of resources for members of the cosmetics industry, large and small. Whether a shower gel is a soap that is exempt from the definition of a cosmetic depends on what it is made from. Second, you definitely need procedures and forms WRITTEN DOWN. The inspection covers good manufacturing practices. If you're just starting out and selling to family and friends, a sole proprietorship may be enough. Good luck to anyone trying to do it legal in florida.