; non-cosmetic and non-drug) and bath bombs (cleansing purposes only) from a wholesaler and labeling items as my own to sell online. One question though, where can one find what the State of Florida requires in a facility when doing an inspection for cosmetic production? Apparently this company sells alcohol for non-beverage uses. The department of health has told me that they do not regulate Makeup artist. The second and last question is, if I buy wholesale and leave their labels I can just open and sell as planned? A Sugar Scrub business can make money by selling their products to customers. I love your website and have learned a lot. The Florida statutes and rules dont define the criteria for a soap to be exempt. I asked these questions because based on what you tell me and recommend, I would know what should not probably sell. A commercial kitchen covers many of the requirements but not all. would this labeling be correct for the soap? I loved reading all of the post. I just have a quick question. What date will the establishment be ready and available for inspection? 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? What kind of feeling do you want your customers to have when they think of your sugar scrub brand? Join the 1,000+ people that want to learn how to start a business! Furthermore, new business owners need to be realistic about their goals and expectations. Youll need a facility outside your residence (and if Miami has zoning restrictions, it will need to be in a correctly zoned building). What about essential oils? Only cosmetic manufacturers are limited to not making products in a residence. The more people who are in compliance, the better the argument for not making stricker laws. In this (very long) post, Florida cosmetic regulations are covered in detail. Lol these laws are sooooo confusing. I like to use a little less than 1/2 cup oil per cup of sugar. Finally, use customer segmentation to identify the distinct groups within your target audience. And GMP requires logs of incoming ingredients and batch records with ingredients tracked. How about its the most fun anyone can have in the tub (c)? Do I need to have my cosmetic products or ingredients approved by FDA? I just want to clarify after so much reading, that if I want to make/sell CP soap in FL, I cannot make the soap in my residence but need a separate licensed commercial facility? In a small company, you should completely document your procedures for adding the fragrance oil, filling and labeling and then document the safety. So the vast majority (bulk) of it needs to be oil/lye/water soap (the alkali salt of fatty acids). I doubt you can give them away with soap, because purchase is required in order to get the product so they are essentially buying the product. If you are selling consumable ready to eat products to the public, you are required to have a Class A or B farmers' market permit. The definition for soap is not defined in the Florida regulations, but since the definition of cosmetic is essentially the same as the Federal definition, I assume they are using the Federal definition of soap (21 CFR 701.20), which is: A product in which the non-volatile portion consists princapally of an alkali salt of fatty acids AND the product is labeled, sold and represented only as soap. Thanks!!! If you arent actually making (or repacking) the cosmetics in Florida, then no manufacturing license is needed. 4. Then the products would be sold wholesale to a company in Florida for retail resale. All they are doing is making it more likely that there will be tougher enforcement and regulations for the rest of us. In Florida you can make soap that is exempt from the definition of a cosmetic (so the cosmetic rules dont apply). I am planning on manufacturing cosmetics soon, and understand they cannot be done in my home. My question is this.. The application still has not been updated. this is making me do things the correct way. Hello everyone! 4. The regulations apply to manufacturing cosmetics. I found soap loaves that are pre-cut, but have to sit 2 weeks to fully cure. am I able to make shave soaps? You throw them in the shower for an aromatherapy experience. Are salves considered cosmetics then? Pour a thin layer of sugar on the bottom of a glass baking dish. Youve done all of the hard work up until this point and prepared your sugar scrub business for launch Now, its time to get your sugar scrub business name out there and start generating customers! If you are labeling them in-house in Florida, then you are a relabeler, which needs a cosmetic manufacturing license as far as I can tell. Powder tint for the hair would be a personal cosmetic, so the cosmetic regulations apply. So youd have to be licensed as a cosmetic manufacturer in Florida. Well I did some research. Wading through all the regulations is NOT for the faint-hearted. That is NOT a cosmetic unless there are cosmetic claims made for it (moisturizing, exfoliating, etc). Do I need a certification? I cant address teas for consumption in Florida as I am unfamiliar with the food laws (cottage or otherwise). IRS.gov also has a wealth of information for small businesses, nonprofits, and other special groups. Oil- pick an oil that works for your skin. 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! Greatly appreciate your knowledge. Bulk = Most of; high percent of. So, I just want to make sure I am understanding correctly. I did notice that the forms they had (not sure if they are still using them) were for both cosmetics and pharmacies. I have not seen anything in the cosmetic regulations concerning beer. If youre going to try to get tricky in going around the laws, you should consult an attorney to ensure you are staying on the right side of the law and regulations. 2. Thank you. Founded 2,000 years ago, Lyon's streets are a living museum, with beautiful historical buildings and interesting art galleries and museums. I saw you suggested not calling it like peppermint soap so what would you be allowed to call it? While you SAY you wont forget, sometimes it is easy to just lose your place on what you are doing. Additionally, they could offer special discounts and promotions to encourage customers to come back and purchase their products. Thanks for all you are doing for the industry! Donna Lee. Do I need a permit or license to sell body scrubs at a farmers market? So I started making my own beard oils and balms. , rather than me selling someone elses handmade products. 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. 1. And as far as the fees go, well if there is a $950 application fee, it should be worth your while other wise dont sell or make that product. Hello Marie, so if I decide to make just soaps (not cosmetic) am I able to make it from my home or must it be at a physical business location? According to the state, the commercial kitchen can only be used for cosmetic manufacturing, no food commercials kitchen qualify. Helping soap and cosmetic handcrafters navigate the rules and regs. Could I have someone from out of state ship them to me and then label them or would that be a nono? If you are using a business name other than your personal name, youll need to register a ficticious name with the state as well. 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? You can use the Inspection Checklist and also the FDAs newer Draft GMP Guidance document as a starting place for making sure you have everything set up right. 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 was making some productswhich would be classified as cosmetics by this definitionin my prior home in NJ. Now regarding the naming of the soap I have one I named first crush. Not being an attorney, and not having some insight into how the State of FL is interpreting it, I dont really know whether a separate unattached building on the same property as a residence would be considered a place of residence or not. It seems like a fine line. Either way, thats a cosmetic. I have heard that it has gone both ways. The inspection covers good manufacturing practices. The main on is rule 61N-1.010, Guidelines for Manufacturing Cosmetics (amended 2015). 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. The smooth floor is a totally different story. Marie, Has anyone used commercial kitchen space for this? How are people making out with these regs and cost. These tubes are used so other people can put lip oil or lip gloss in it. Some areas dont allow a buisness on a residential property; some allow some types of businesses, but not all. Butif you want to sell accompanying lotion bars or salt scrubs, etc. Other wise who knows what will be sold to the public and who knows what their reactions might be if theyre not inspected or regulated? I called Florida DBPR but could not talk to anyone. So much great info here and helpfull links! Make sure the domain name is available and that the business name isn't already trademarked. Be interested to see what enforcement and residential restrictions looks like given the pandemic. Perfumery is also a cosmetic, if there is any intent for that. A few examples: 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. You need to register your business, get a tax license/id, collect sales taxes, etc. To recap a bit, if I am making TRUE SOAP (according to FDA requirements), I can make soap ONLY from out of my residence. But if youre just fiddling around and doing R & D, making stuff for personal (and free to friends/family) use I shouldnt think any registration is needed. To get a business license, you'll need to fill out an application and submit it to your local licensing authority. Question: Could you please give a detailed explanation of facility requirements in lay terms? If you are mixing up the soap from lye and oil, it meets this criteria. Yes, I will be buying ingredients wholesale and will repack my products. Hi Marie, 14. But am just not positive and am finding it to all be very confusing!!!! Reach out to local newspapers about your launch, Identify social media influencers your customers follow, Host a business launch event at your office, storefront, Run a business launch sale to attract first time customers, Run a few ads online to attract customers, Get your friends and family to share your products on social media, Partner up with other local businesses in the area to share your business, Department of Commerce, Community, and Economic Development - (. 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. 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? Florida may also have restrictions or permitting requirements on using denatured alcohol in bulk. Its not a cosmetic because it is not applied to the human body. The FDA doesnt approve cosmetic facilities Is your friend located in Florida? IF they are intended to moisturize. Pay the initial fees (with the application), Renew license every two years (and pay renewal fee of $800). Would I have to stop selling while I get the permit? Adding bubbles to bath water? I would appreciate any advice on where I could manufacture my products, such as a commercial kitchen or some other space. If it is intended to promote attractiveness or beautify or cleanse then it would be a cosmetic. A cosmetic manufacturer cannot make consemtics (including bath bombs) in a residence. Neither of these things are within my area of expertise, so if you want to go down that path, you should find a consultant that specializes in drug manufacturing. I am in the process of writing another blog post about Florida Regulations to bring the information up to date it should be ready in a week or two. Any advice? I dont have much on Tennessee what I do have is on my States page. Metaphysical type claims will probably work, depending on what they are. Here are a few tips to help you choose the perfectsugar scrubbusiness name: You should also check out the following resources when choosing the perfect name for your baby clothingbusiness: With these tips in mind, you should be well on your way to choosing a great business name for your sugar scrub business! All of these regulations are so confusing. scented candels are not cosmetics, is it ok to have homemade candles to sell online? 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 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. May I Use t hat area as a place to make bath bombs for resale. So long as you are not manufacturing, you dont need to deal with the regulations covering cosmetic manufacturers in Florida. (2) The product is labeled, sold and represented only as soap. The requirements are covered in Florida Rules 61N-1.010. 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? Thanks again. Do I need a license If I purchase Lip Gloss Base from different state and its shipped to me here in FL in a 30 pound container, then package the lip gloss bass in a smaller jars (no label on the jars) and sell them online. A free gift must be a FREE gift. Oats and honey body scrub Oatmeal works very well as an exfoliant. I am so confused. So a bath tea, since it is used in the bath, is applied to the human body. If the product is clearly NOT meant to be applied to the human body, then it would not be a cosmetic. Just checked and some links and prices have changed as of March 2015: 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. Id be very interested in her story! Of course this means that I will not be able to sell my cleanser on Etsy or anywhere else, but I was wondering if I could manufacture my cleanser (its only four ingredients) in my cousins house in North Carolina, have her send me the unlabeled jars, and then just label and sell them here from my home on the internet. In Florida, much of that is managed at https://dos.myflorida.com/sunbiz/. I purchased a RV to use an office on my property, can I use this as my place of business. I have cards that have the details of my formula for each product and I only make one formula at a time. This is one part of the bill that is so utterly confusing, vague, and undefined, and mixed answers from the DBPR do not seem to inform callers inquiring of this information with specific answers. Make sure you are registered with the state, correct business name, any local license to occupy a business space, etc. Mail or deliver the application and all required attachments to: Also wondering if I have any more range in how I market it as any claims would be in the area of metaphysical benefits not physical healing or body claims? The Departement of Cosemtology would cover hairdressers, nail techs, barbers, etc. If your business in Florida is purchasing items for resale, then it is a distributor and does not require a cosmetic manufactures license. Florida requires the business register here, so they can potentially collect sales taxes for products sold retail within the state. If you have a business making cosmetics in Florida there are other regulations that apply. Remember, its not just ventilated it must be suitable for good manufacturing practices and provide a clean, safe production site that is set up in a way that product is unlikely to be adulterated when made or stored there (and ingredients are unlikely to become adulterated when waiting to be used). 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. This will help youtrack your expenses, revenue, receipts, taxes owed, and much more. Mix all . Yes, you can add additional ingredients to the soap (exfoliants, milk, color, scent, etc). If thats the case for FL I cant imagine space in a local business (that isnt a commercial kitchen) would be out of the question. Can I make melt and pour soap at home and sell? Lastly, youd need to be sure that you arent in violation of the Florida laws for making cosmetic products (dont think so if you are providing them professionally but ). No other state I ever worked in was like Floridas regulations. BUT, that doesnt negate the law or the regulations. Thanks for your time. Are there any new updates regarding cosmetics? 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). Note that its the bulk of it . NEXT STEP: Confirm your subscription. Yes, probably. The Division of Drugs, Devices, and Cosmetics has an official application form that must be submitted. They also have general information on starting a business. You can also freeze this scrub and store it for a longer time if you have trouble finding customers. As for pet products the definition of a cosmetic is for articles applied to the human body so pet soap is not a cosmetic. Thanks for doing some research on our behalf! You may have local zoning regulations pertaining to where a business is located. You might check that. Even when used for a religious purpose, it still may be considered a cosmetic (make the body more attractive in a spiritual way). I just got your label requirements book and after reading this I feel like I cant say anything at all about my soap! Wondering if I have to follow same laws and regulations if im only using my products on my clients aa an esthetician during facials and not selling them? And remember, choosing ingredients from sources you consider organic or natural is no guarantee that they are safe. And, of course, if you purchase or receive products that are ready for resale and sell them, its just like any other store in Florida that buys items wholesale for retail sale (brick and mortar or internet). I would be sure to document it all so that theres evidence that its not being done in FL whatsoever. In a private Facebook Group specific to FL-based soapmakers, some of the members were sharing phone call experiences to the DBPR on the topic of whether the place of manufacturing to be permitted can be on your residential lot, or not (and not attached to the residence). I have read through this and found it to be extremely helpful so thank you so much! Cant make those in Florida. Some states have similar exemptions, but youd have to check the the Florida version of the EPA. Marie Gale, you are a saint and a treasure. Hello, the only reason I put the ingredients on my products is that as a buyer of handmade soap I prefer to know what Im putting on my body and I assume others would want to know as well =]. we are DIYers and want to make soap (lye-based), AND lotion bars, etc, but I also had an Etsy shop. The second outlines a duty to follow cGMP. Bug repellants require advance approval at a federal level, unless they meet the strict the requirements for Minimum Risk Pesticides. coconut wax candle can be used as massage. If I were to create solely soap, the lye and oils definition, would I still need to have the safe practices in place ie. That way I manufacture my products in another state. Tell please, and if soap has flavor orange or the other flavor, i.e. They offer free templates which makes it easy whether you are designing your own label or printing mailing labels. Does this mean that the cosmetic manufacturers have to post a bond as well as a fingerprint card? There may be general business requirements (business name registration, local (county level) business license and such). I would be so thank full if there is somebody who can guide,help or orientate me. I needed logs for temperatures, logs for FIFO process, batch code logs etc. If it is given with a product that is sold, then it is considered part of the sale (and therefore a consumer product) and must be properly manufacturer and labeled. And, of course, if you get caught youll probably have a MUCH long road to getting finally certified and approved. A CP soap that is called soap and only claims to clean would meet that definition and be exempted from the definition of a cosmetic. You must always be iterating on your strategy and doubling down on what worked and what your customers love most. But Im sure their space wouldnt be any sort of commercial kitchenI have seen some people mention using commercial kitchens but is that actually a requirement? For example, the recipe contains: Olive Oil, Shea Butter, Vegetable Glycerin, Xanthan Gum, Water, Castile Soap, and fragrance oil. 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. But, Florida? So, Im thinking I can drive to Georgia, rent a motel room for a few days. The information provided on this website (the "Site") is for general informational purposes only and should not be construed as legal advice. If youre still looking forward to openning the company, please, e-mail me back. Just basic salt blends for soaking in the tub with herbs, botanicals and essential oils- Specifically with CBD isolate, but I know that comes with completely separate licensing. Would I be able to rent a commercial kitchen space and make/package and label from there? In order to be exempt, soap must be the alkali salt of fatty acids (that is, made with lye and oil) AND all you can say about it is that it is soap and it cleans. Create a page for each style of scrubs, and include product photos and descriptions that will encourage customers to buy. Yes, still need a permit. How does one make bath bombs in Florida legally and what permits would I need? So if I make a facial soap and I label it soap for the face would that be ok as well? 2. If the client has an allergic reaction and youve sent them home with something, insurance wont cover the claim. Its in the Florida Statutes, section 499. Keep in mind that the ingredient list shouldnt have explanatory text (the stuff in parenthesis). I need to stick to the regulations? Are permits needed for candles, room or linen sprays, or potpourri? You should (mind you, this is my un-lawyer opinion) be fine. 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. From what I understand, in florida if you are opening the packages that you receive and changing or repackaging, then you qualify as a cosmetic manufacturer. Relabeling, without opening such a sealed container, does NOT require this permit. Here is the law. You do need to be licensed as a cosmetic manufacturer to make those products in Florida. Also do I have to get a place of business to repackage? You can apply online at the TDA Website. Cant hurt to try! However, state or local authorities may require licensing or have other requirements you need to know about. Thanks so much again for all the other info you have provided through your web site. Brainstorm with friends, family, and colleagues. What I find difficult to believe is that every single vendor at the numerous events around the state are all either from out of state or have followed all the rules for the state of Florida and have manufacturing of what is considered cosmetics outside of their homes. What if I myself go to another state and manufacture there, and then come back to FL and sell? I personally wouldnt consider them cosmetic but Im thinking the state of Florida might consider them that. Youd probably need to check with an attorney. Thanks again for everything youre doing Marie! The law was changed in 2017 and that portion of it was removed. *name of soap* So does the manufacturing section really apply? The term includes repacking or otherwise changing the container, wrapper, or labeling to further the distribution of the product. A lot of big companies get around local regulations like that credit card companies have moved their headquarters to certain states because they can charge more interest there. I had to break my lease, go to court for that, move..it was horrible, but Fla made it so difficult..the paperwork they required was crazy. I was only selling it in NJ to one company. I expect it would be up to the inspector to determine if it is still residential or not. The correct department is the Florida Department of Business and Provession Regulation, Division of Drugs, Devices and Cosmetics, Cosmetic Manufacturer. I originally was going to set the business up as me mixing the oils, but with all the regulations around it I was wondering if I would still need a manufacturing license if I allow them to mix it themselves. Each OTC drug has a monograph which details the allowed active ingredients and the claims that may be made. Seems like it would be beneficial to the state to be able to come to my residence & inspect, etc. There are a few key steps to building a beautiful website for your newsugar scrubbusiness: Following these steps will help you create a website that is both visually appealing and effective in promoting your sugar scrub business.

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