Florida – 2021-Changes to Cosmetic Manufacturers Law

Yesterday Florida Governor Ron DeSantis signed a SB 1966 into law, making it possible for small businesses to manufacture cosmetics! This is such GOOD NEWS!

Overview

It’s a big act, and one small bit  …(drum roll, please) …  exempts certain persons from being required to have a cosmetic manufacturer’s license!

Before this bill

Before this bill and the changes it puts in place, anyone manufacturing any cosmetic product had to be registered with the state as a cosmetic manufacturer and the manufacturing couldn’t be at a residential location. There were fees, inspections and other requirements essentially making it impossible for a small business or handcrafter to legally make cosmetics in Florida. This post, Florida Regs – 2019 Recap, covers the requirements in detail.

Who doesn’t have to get a permit?

After this bill and the changes it puts in place, if your gross sales are less than $25,000, you do not need a cosmetic manufacturer’s permit; and you can make your products at a residential location.

Limitations & Requirements

There are a few limitations and special requirements:

  1. You must have less than $25,000 in annual gross sales.
  2. You can only sell prepackaged cosmetics that have a label on them that meets the FDA requirements for cosmetic labels.
  3. You may only manufacture soap (not otherwise exempt), lotions, moisturizers, and creams1 “Moisturizers” is not defined within the act; it will probably be defined in the regulations that get created to implement the new law.
  4. You can only sell cosmetics that are stored on the premises of the cosmetic manufacturing operation.
  5. You can only sell products that are not adulterated or misbranded.
  6. IMPORTANT: The product label must include a statement “Made by a manufacturer exempt from Florida’s cosmetic manufacturing permit requirements.” The statement must be in at least 10 point type and a constrasting color.
  7. The Department (of Business and Professional Regulation) can investigate any complaint that alleges an exempt cosmetic manufacturer has violated the law or pertinent regulations;  can enter and inspect the premises, and may require proof of gross annual sales.

What about soap?

When soap is not a cosmetic, the cosmetic regulations don’t apply. To be exempt from the definition of a cosmetic, the soap must be:

  1. The alkali salt of fatty acids (ly/oil soap) AND
  2. Sold and marketed only as “soap”
  3. Make no “cosmetic” claims (other than cleansing)

When soap IS a cosmetic, a cosmetic manufacturer’s permit is required unless the manufacturer has less than $25,000 and the limitations and requirements listed above must be met.

What if you make over $25,000 gross annual sales?

If you make over $25,000 in gross annual sales, you aren’t exempt. If you want to make cosmetics in Florida, you have to have a non-residential workspace facility, get a cosmetic manufacturer’s permit, and have your facility inspected, and comply with the manufacturing regulations.  Basically, you need to have your good manufacturing practices in place. See Florida Regs – 2019 Recap for details.

What happens next?

This Act goes into effect on July 1, 2021.  It updates the Florida LAW concerning cosmetic manufacturers (and everything else it addresses).

At some point in the future, the Florida Department of Business and Professional Licensing will updates their REGULATIONS with the specific details on the implementation of the law. They will also probably update their website, forms and other information.  That may not happen right away.

You can read an unofficial copy of the bill which I downloaded and highlighted here.

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References

References
1 “Moisturizers” is not defined within the act; it will probably be defined in the regulations that get created to implement the new law.

156 responses to “Florida – 2021-Changes to Cosmetic Manufacturers Law”

    • The exemption applies to the cosmetic manufacturing regulations and covers MAKING the cosmetics. It doesn’t matter how they are sold.

  1. Hi Marie!
    Can I sell my sugar scrub at a farmer market in Florida?
    If my earnings are less than 25,000 annually

    • Sugar scrubs are cosmetics. Whether they fall within the allowed products under the new exemption for less than $25,000 annual sales is still a question. They can probably be classed as “moisturizers” which would fit under the exemption.

  2. Where can we find examples of proper labeling? Do you offer that in a newer edition of your book?

    • Yes – details on how to label products is in my labeling book (at Amazon here: https://amzn.to/3eaOPSI). It’s also in the new book, which contains a bunch more information as well. The new one will be available on Amazon in a week or so.

  3. Hello Marie. I want to ask you if you can tell us a little bit more about: not otherwise exempt from the definition of cosmetics??? I mean, we can manufacture ANY PRODUCT THAT IS CONSIDERING A COSMETIC? Like shampoo, conditioner, or maybe parfume, makeup?? Etc.. or I’m understanding wrong. I really want to manufacture Shampoo and conditioner bars, but this specific sentence it’s driving me crazy. I want to do everything just right/under the law… I’m new in the cosmetic world. And Thank you for everything that you’ve been sharing here! In my case I’m learning A LOT! 🙌🏻

  4. Hi, Marie! That’s incredible news! I almost gave up with the idea to open my own skincare , haircare brand… So, since reading about the changes I have a couple of questions.

    First one, about labelling of your product. If you know, could you tell me please, can I put on my creams, serums, etc, specific identification? For example, creams for oily or dry skin, serum for pores or sebum control, eye cream for puffiness, etc… Or it should be as simple as face cream or eye cream? I couldn’t find clear guidance about how to label the products outside of the exemption clause.

    Second one, if I understood correctly, I can open my own haircare products too, right? Shampoo, conditioner, hair oil, etc?… Same question like above about labelling. Can I be more specific with an explanation on the labels? Shampoo for oily hair, hair oil for damaged hairs, etc..?

    Thank you!

    • The Florida exemptions specify “soap not otherwise exempt, lotions, moisturizers and creams”. Eye seriums are probably under “moisturizers” I’m not sure about how they would consider hair products.

      As for the labeling … cosmetics work on the “surface” to improve appearance, beautify and cleanse. Drugs alter the function or structure of the body. If you claim that a serum will “reduce puffiness” then you are say it will alter the function or structure of the body. If you say it will CONTROL sebum, that’s altering the function or structure; if you say that it cleanses (removing extra sebum) then its a cosmetic. Saying a cream is better for oily or dry skin skips arund the issue. Watch the wording and consider what a consumer will think the product should be used for.

  5. So from what I understand, I can only sell lotions and moisturizing face washes from home if I make under $25000 in gross sales, and there’s no limit to selling soap if I don’t make cosmetic claims?
    Also would moisturizing serums with anti aging ingredients be counted as moisturizers, and can I not say anything about it having anti aging properties? Thank you.

    • Yes, the annual income limit for exemption $25,000. If you are within the exemption, lotions and moisturizing products can be made without a cosmetic manufacturer’s license. Soap – providing it is the alkali salt of fatty acids AND is marketed only as soap – is exempt anyway – you don’t need a cosmetic manufacturer’s license for that (and never have). Serums generally fall within the “moisturizer” group.

    • If you have a Florida Business License, you need to follow the rules for that. You should be able to sell out of state from your website or other sites. Be sure you collect and report sales tax where required.

  6. Okay, I just want to be clear. I am about to buy lotion in bulk in 5 gallon containers ( I don’t manufacture the lotion itself) It’s made in another state. I will add scent to it and bottle it in my home in Florida. I know that I do need to put in contrasting color with the verbiage “manufacture exempt….” However, Do i still need to “register” the lotion with the state of Florida ( application for product registration) ” Department of Business and Professional Regulation Division of Drugs, Devices, and Cosmetics ? I need some clarification regarding this.

    • To add to my last question. What if you buy lotion in bulk from someone else who manufactures it ( outside of Florida) you then add fragrance but the customer actually bottles it themselves… Say at markets, and pop up shop. You don’t bottle or label it. The customer does that. then how does this apply?

      • If you are adding fragrance then you are a manufacturer. You are handling the product and could potentially adulterate it. Letting the customer bottle it won’t make a difference … and it probably just adds more possibility that the lotion could get contaiminated. Also, keep in mind that when you sell it, regardless of who puts it in the bottle, it needs to be properly labeled.

    • Rebottling and labeling makes you a cosmetic manufacturer. If you are exempt (less than $25,000 revenue) then you only need to put the notice on the label. You wouldn’t need to register because you would be exempt.

  7. Hello Ms. Marie, I am purchasing body butter base, body scrub base (sugar), facial cleanser base (will add oils and colorants to them) . I’m going to formulate face oils and body oils using fragrance oils also colorants to them, so does this mean I can be able to do this as long as my sales aren’t over $25,000 and I place the note on there as mentioned in the bullet point,

    • As far as being exempt from the Florida Cometic Manufacturer’s Regulations … Under $25 K and the label notice meeet that requirement. Those are all cosmeticts (so long as you don’t make other claims), so that requirement is okay.

      The only think is whether they fall under the “lotions, creams and moisturizers” restriction. It looks like mostly they do – for the scrubs, it probably depends on if you market them as exfoliants or as moisturizing cleansers of some sort.

  8. I’m not exactly sure how I would label my product, but it consists solely of dried lavender, rose petals, and coconut milk powder intended to be poured into a bath. It is not intended to “cleanse, beautify, or alter the human body”, just add some decor to the water. Is this considered a cosmetic? Thank you!

    • A product put in the bath is a cosmetic … it’s “applied to the human body” – and if it’s in the bath, it’s part of the cleansing process. It should be labeled as a cosmetic.

  9. Hello Marie!
    Could you please let me know if some regulations exist to sell handmade bath bombs in Florida?
    Thank you!

    • Bath bombs are cosmetics, so all of the regulations that apply to cosmetics apply to bath bombs. That includes the regulations in Florida to register and be approved for a cosmetic manufacturer’s license, unless you are exempt (make less than $25,000 per year from cosmetic sales). Additionally, there is some question as to whether bath bombs meet the criteria for what you can make under the exemption. That’s not been fully resolved yet.

  10. Just a question on the $25,000 limit. What happens when you hit the limit. Is there a time frame given for you to obtain the permit or does all manufacturing need to stop until the permit is obtained?

    • Nothing has been said, but I would assume that you should already be set registered and licensed with the state when you cross over that $25,000 limit.

  11. Hello Marie. Any updates on if the updated regulation includes natural deodorants? If not, a customized deodorant made by a manufacturer and shipped to me for labeling and selling online on my website should be fine?

    • It’s unlikely that a nautral deodorant would fall under the narrow band of exemptions they ahve allowed. But if you have the product made and you just purchase it already packaged (and don’t open it to put on the label) then you don’t become a cosmetic manufacturer and it’s not an issue.

  12. I would like to start a business in making Herbal salves, balms, and bath salts. This means I could start in my spare bedroom locked away from my cat and still be in good graces?

    If I were to put my jars and bowls on a cart and wheel it into my kitchen to clean and then wheel back into the designated room, would this be considered still under regulation and GMP compliance to start my business?

    I have been struggling with having our cat be an indoor cat, but we have a spare bedroom in our house that I can get a portable burner for!

    Otherwise I also have thought of a portable sink in replace of our kitchen, so NOTHING comes out of the bedroom unless leaving to go to the farmers market to sell (:

    What are your thoughts and advice with having our indoor cat? We can’t close off our kitchen because it is an open plan.

    • Herbal salves, blams and bath salts are definitely cosmetics. The rules are that a you would need a cosmetic manufacturer’s permit, which cannot be issued to a business in a residence, regardless of the GMP you have in place.

      That said, IF you meet the exemption criteria (that is, your cosmetic income is less than 25,000 AND the department agrees that herbal salves, balms and bath salts are classed as “moisturizers”) then you could make them at home.

      • So, if I make under $25,000 then I should be able to make these cosmetics in my spare bedroom?

        Do you have to have them go through your local health department? (confused when you say “department agree”)

      • No, at this point you don’t need to go through the health department.

        The statement “if the department agrees” refers to whether they make the final determination that things like herbal salves, balms and bath bombs are exempt under the new law. The wording of the new law is a little vague – it just says you can make soap, lotions, creams and moisturizers. So we have to wait and see what they decide is a “moisturizer”. For example, whether a bath bomb would qualify depends on how they interpret the law.

  13. Hello, I recently began making nail dip powder. Do you have any clarity on if this is something I can make and sale at home as a hobby. Is that something I can sale without a permit on my property? I have a detached garage I can use. Thank you.

    • Nail dip solutions are definitely cosmetics. You would need to have a cosmetic manufacturer’s permit. Per the regulations, “An establishment that is a place of residence may not receive a permit”. I don’t know how they are interpreting a detached garage – I think it is still considered a “place of residence” since the property is considered a residential location. You would have to check how it’s being interpreted by the department in your case.

  14. I was wondering if anybody can share your marketing results when a potential cutomer read the statement “Made by a manufacturer exempt.. that your product was not manufactured in a FDA approved facility. Assuming most of sales would be from online channels, how an entrepreneur would grow and scale-up when your final product will disclose you make their product in a home kitchen. Any feedback will be highly appreciated.

    • It’s an interesting question. My suggestion would be to somehow turn this to your marketing advantage. Put a page on your website that explains the Florida requirement and that smaller companies are exempt (you don’t have to say HOW small). Make it be a PLUS that the track record for the small manufacturers is good enough that they don’t have to get inspected and licensed – and that the licensure is for large companies that have automation and such. You could also include a flier or information in your packages when you send them out so the consumer gets that information when they see the package and the statement. Also – note that it’s not “not FDA approved” it’s “Made by a manufacturer exempt from Florida’s cosmetic manufacturing permit requirements.” which is quite a bit better.

    • Anything that is applied to the human body to cleanse, beautify, make more attractive, or alter the appearance is a cosmetic. Scrubs – lip or body – are definitely cosmetics. Whether they fall under the “moisturizer” exemption of the new law is still up for determination. IN MY OPINION, if they contain moisturizing components and are marketed as such, then they SHOULD qualify. (BUT, remember, the final determination will be made by the State of Florida, this is just my opinion.)

  15. H! And thank you for sharing this great news! One question, will Natural Deodorant apply? Can I make and sell deodorant at home?

    • There’s still no word as to what will be specifically covered in the exemption. The law change says “soap not otherwise exempt, lotions, moisturizers and creams”. Deodorant doens’t fit within that statement exactly, but we still don’t know how they will interpret it.

  16. Hello, Marie
    I make my own products however some of them I purchase wholesale premade to re-label. The ones I relabel are considered cosmetics but I do not manufacture them myself, I am just relabeling them. How and what do I need to do as far as the FL new labeling? Do i still need to add that they were “manufactured by an exempt florida manufacture”? Do i need to add the actual manufacturer to the label somewhere? I am a bit confused on this part as I am not making the product, I am just buying wholesale “ready to re-label” items.

    • So long as you get them in already in the containers and don’t OPEN the containers, then you con’t require a cosmetic manufacturer’s permit. It’s not part of the small business exemption.

      The label should say “manufactured for …” with your business name and address.

  17. Im so happy to hear this !! I have a couple questions,
    1. If i don’t required a business license, what other permits or licenses i need? Do i just make my formulas and sell them without any type of state license and permit? Planning a small business and im trying to get the right information and permits.
    2. With this new law, I can describe my soap as moisturizing and still make them at home?

    • The new law eliminates the need for a cosmetic manufacturer’s permit in the State of Florida IF you meet the requirement of less than $25,000 gross sales AND you only make the allowed products (moisturizing soap is allowed) AND you add the disclaimer to your label.

      It doesn’t negate the need for normal business requirements … registering your business, sales tax filing, and such. You will also have to check your LOCAL requirements for any zoning requirements or restrictions on what type of business is allowed in a residential home. If there are any restrictions, they are usually at the city or county level.

    • Manufacturing in another state implies that you have a business registered in that state that manufactures the products for your Florida company/business. If your Florida business is doing business in another state, there may be business requirements in the second state. How that would be enforced (or not) is a question that I can’t answer. However, I would suggest that you consider the implications of basing your product line and business on something that has the potential of being shut down.

    • The new Florida law allows for “soap not otherwise exempt, lotions, moisturizers and creams”. A solid shampoo bar would be a “soap not otherwise exempt”. A conditioner isn’t technically on the list of things that are exempt – I don’t know how they will class it in the final rules.

  18. I have a few questions I see that you can sell lotions. I’m making lotion bars that follows on lotions right. What about lip butter balms? What about bath bombs can I sell them to. If I just label them as bath bombs no cosmetics saying on it. Can i sell them

    • The new law says soap and “lotions, moisturizers, and creams” are allowed. How they are specifically defined is not clarified in the law; it may be claraified in later regulations or statements by the Department. I would expect that a “lotion bar” and “lip butter balms” are both intended to moisturize (so would be “moisturizers”). Bath bombs ARE cosmetics (regardless of what you say about them). They MIGHT fall under the “moisturizer” exemption depending on the purpose and function (and how they are marketed).

      • It depends on what you say about them. If you SAY it’s a moisturizer (and it does moisturize) — then it’s a moisturizer (a cosmetic). If you say it does something else (heal cracked skin, soothe redness, etc) then it’s a drug, not a cosmetic.

    • Lavender Sachets aren’t cosmetics; yes, you can sell them. They still need to be labeled correctly.

      Bath salts are uncertain. Under the new law they MIGHT fall under the category of “moisturizers”, but you would need to correctly market them.

  19. I only make exempt soap right now but my gross sales are going to hit $25k this year so I thought these changes would not apply to me. However I noticed in one of your comments you said it might just be $25k for the cosmetics part of the business? Am I understanding that right, than I can have over $25k in gross sales as long as the cosmetics portion stays under $25k?

    • From what I understand, the income limitation is for cosmetic sales only and income from soap that is otherwise exempt from the definition of cosmetic wouldn’t count in the cosmetic income calculations.

    • Maybe just keep your books very clean, keeping the two separate. I would do a set of books for the soap and another sheet for the cosmetics.

    • The exemption for small cosmetic manufacturers says “lotions, moisturizers and creams”. Bath bombs are not included, although they MIGHT be considered “moisturizers”, depending on what’s in them and how they are marketed.

      I expect that there will be clarifications issued by Florida state over the next few months.

  20. So whipped body soap would fall under moisturizer, what about shave soap or hair soap and conditioner bars?

    • Anything that is applied to the human body for purposes of cleansing, beautifying or promoting attractiveness (as opposed to drugs or food) is a cosmetic. Shaving soap, hair soap, shampoo, conditioner, moisturizers, lotion, cream, bath bombs, make-up, etc.

      “Soap” is exempt if it is is the alkali salt of fatty acids (lye/oil soap) AND is only sold as “soap” and only intended to clean. Shaving soap (if used for shaving) is a cosmetic – not exempt soap – but would fall under the “soap not otherwise exempted” portion of the new bill. Same with “hair soap” (shampoo) and probably conditioner bars.

  21. Thanks so much for the update, Marie! I just moved to Tampa a month ago and thought I was being thwarted by Florida’s fine print. When I read this, I wanted to throw a party! I’m reading your book about Soap & Cosmetic Labels right now, and trying to figure out how I can get my shampoo bars in line with these new regulations (I am an individual handcrafter). It’s not a true soap… therefore it’s a detergent-based cosmetic… hopefully they get a little more specific about the permitted products soon.
    Cheers!

    • Shampoo bars would probably fall under the “soaps, not otherwise exempt from the definition of a cosmetic” portion of the new bill.

      • Got it, thanks! So my other concern is regarding the exemption statement… 10pt font?? That seems odd since most of the regulations are in terms of type size, with relation to the size of the PDP. 10pt font is really going to ruin my lip balm label, haha. (3.71875 sq. in surface area!)

      • Yes – normally the type size is set by the principal display panel (or, for some things, the entire amount of label-able space on the product).

        This Florida labeling requirement is … umm … unique.

      • No – you have to have the required information ON the product. If it won’t fit, you can put it on an attached card (or attach the product to a card). In either case, the CARD becomes the primary display panel for the product.

      • Wow! I might have found a way to make it work: https://imgur.com/Ohqd8xl

        What do you think?

        This particular formulation + label might be a wash, since it contains CBD oil and that comes with more stipulations/risk than I am prepared to deal with right now. But I think this is how I’m going to proceed with the new permit exemption clause. The font is 10pt, Gloucester MT Extra Condensed. I used the same shade of orange you used in this article, but maybe blue text would look better on my product label. (Graphic design with lots of rules = fun fun FUN!!)

      • Thank you so much for your helpful responses, Marie!! Hopefully they mean the color contrasts the background of the label, and not the other text on the label. I think I want to keep all my text black.

      • I know you deal only with soaps /cosmetics, but where would I find out if I can make wax melts at home and sell? Thank you

      • As you say, wax melts are not cosmetics so they don’t fall under any requirements for a cosmetic manufacture’s permit. As far as I know, there aren’t any state or federal restrictions on making wax melts. You MAY have zoning restrictions in your county or city that apply to what areas allow “manufacturing” or business in general. That’s something you’ll have to check locally.

  22. Thank youn so much. I am a Floridian and have been struggling with this. This is very good news Hopefully as more folks raise questions, they will do better at redefining what’s possible. Thank you for all you are doing to keep us informed.

  23. Hello! I’ve read the bill a couple of times but I’m missing the part when it only states lotion, creams and moisturizers. I do see where it states “specified products”, but nothing else. Where can I read about the Lotions creams and moisturizers being the specified products? Thank you!

    • The addition is on page 15 of the bill. You can view a highlighted (unofficial) copy of the bill here. Scroll down to page 15 – the section is midway down the page.

  24. You have helped me so much Marie! I am so happy about this!! I just have one question. What about manufacturing hair oil and hair cream?

    • Hair oil and hair cream are definitely cosmetics. Unfortunately I don’t think they would be included under the “lotions moisturizers and creams” limitation For exempt cosmetic manufacturers in Florida.

      • Is there a reason bath bombs & bath salts are not defined? What are the repercussions to selling them – even if you stay under the $25k rule? Is it illegal to make & sell then at this time in Florida?

      • Unfortunatley, I was not privvy to the thought processes behind the wording of the bill. I have asked for clarification and will publish any information I get.

      • Soap, so long as it is the alkali salt of fatty acids (lye/oil soap) AND the only claims are that it cleans are not cosmetics, so if that’s what you make you are not a cosmetic manufacturer.

        Loofa in soap is normally used as an exfoliant (which, if claimed, makes the product a cosmetic). However, if you just say that there is loofa in the soap, but don’t make any statements that it will do more than clean, it’s probably still classed as a soap and exempt from being a cosmetic.

    • If your soap is not a cosmetic, then the Florida cosmetic manufacturer requirements don’t apply. You don’t need to do anything — -just make tons of soap and sell it!

    • Whipped body butters would likely fall under the “moisturizers” and/or “creams”. They are cosmetics.

      Whipped body soap and liquid CP hand soap would either be soap (already exempt from the definition of a cosmetic) or a cosmetic.

      You would be not be required to get a cosmetic manufacturers permit if the your gross annual sales (from cosmetics) is less than $25,000.

  25. Hello, when you say constrasting color, the statement “Made by a manufacturer exempt from Florida’s cosmetic manufacturing permit requirements.” has be in color? Does that mean I wouldn’t be able to use a white label with all black wording? Or do you think that the statement itself can be bolded to stand out?

    • It’s not explicitly stated in the new law, but using the federal labeling standards as a guide, “contrasting color” normally refers to a sufficient contrast with the background. So black on white is high contrast. They are trying to avoid people using, for example, light blue on a light green background to try to make the lettering “disappear” or make it hard to read. Black on white is the highest contrast there is.

    • At the moment, it looks that way. It’s possible that when the regulations are issued there will be more clarifications as to what is considered a “moisturizer”. Possibly bath bombs and scrubs and other similar items could be considered moisturizers. Unfortunately we’ll have to wait for the regulations to see what’s issued.

      • Marie, a few days ago you mentioned that it is possible that when the regulations are issued there will be more clarifications as to what is considered a “moisturizer”. I find the current wording “moisturizer, lotions and cremes” entirely confusing. I am also hoping that bathing salts / bath bombs and such will be exempt.
        Are you planning to make another post when/if the state clarifies, or where would they publish an official statement?
        Thank you for all the work you are putting into this. I recently bought your book on labelling and wish I had done so sooner!

      • As soon as I hear anything further I will certainly post something! If your bath salts and bath bombs are “moisturizing” is some fashion then they might fall under the “moisturizer” category.

      • Herb sachets are not cosmetics – they aren’t applied to the human body. Neck warmers are more like pillows – I don’t think they are considered cosmetics either. Just be sure you don’t say that either will make any changes to the body (relieve muscle tension, clear stuffy nose, etc)l.

      • No – regardless of what a foaming sugar scrub is made of, it is a cosmetic because it is a sugar scrub, not a soap. It would probably fall under the exemption, though.

  26. So, basically I don’t need any permit as long as i just make soaps and lotions, and i can work in a designated space at home?

      • Why only $25,000? We’re old laws more restrictive? If someone wishes to make their livelihood this way, $25,000 as a ceiling seems to defeat the purpose. Is a cosmetic license expensive? Thank you.

      • The previous law required that ALL cosmetic manufacturers get a cosmetic manufacturing permit, which mandated (amongst other things) that the manufacturing could not take place in a residential building. That made it impossible for anyone working from their home to qualify. Other than the cost of the permit, most of the other requirements were primarily getting in good manufacturing practices at the level expected from a full size manufacturer (along with the costs of doing so).

        The new law allows new businesses, just starting up and working from home, to get going without the burden of high start-up expenses or a stand-alone commercial facility. $25,000 isn’t a high number, but it does allow people to get started.

      • How about an LLC? Is that a requirement in Brevard, Fl? Or just a Tax sheet?

      • As far as I can see, it doesn’t make any difference if you are an LLC for the exemption. LLC’s are not required, but if you are doing business in Florida under a business name, you need to register that with the state. You also need to register with the Sales Tax folks in Florida (I think it’s part of registering a business – but it’s been a while since I was in Florida doing any sales.) I don’t know if there are any additional business requirements in Brevard County. If there are, it would have to do with zoning and business licenses, not taxes or cosmetic manufacturing.

  27. I’m lost on the one regulation, the one about pre-packaged cosmetics? Does this mean I can buy a lotion base, add color & scent, and label it under my business after I seal it and label it?

    • The prepackaged means that you – as the manufacturer – must package the product before you sell it. “Pre” (before) package. Package before. And you have to package in accordance with the regulations AND add that warning to the label.

      It does NOT mean that you can only buy a base and use that.

      • You may only manufacture soap (not otherwise exempt), lotions, moisturizers, and creams1.
        Can you please clarify this, about only making soap

      • Soap, so long as it is the alkali salt of fatty acids (lye/oil soap ) and only claims to clean is exempt from the definition of a cosmetic. If it claims to moisturize, exfoliate or do other cosmetic things, then it IS a cosmetic (not exempt). To rephrase the sentence from the law: You may make lotions, moisturzers and creams … and soap that wasn’t exempt anyway. Does that wording make more sense?

  28. I just screamed so loud my husband almost had a heart attack!!!! This is so amazing. A bit late for me, but amazing for the rest. We just bought land in Tennessee to escape Florida laws. Congrats to everyone staying in Florida.

      • You can make melt and pour soap that is made from saponified lye and oils, so long as you only claim that it will clean.

        You can make melt and pour soap that is made with detergents OR that you make cosmetic claims for IF you have less than 25,000 in gross sales AND you mu the required “Made by a manufacturer exempt from Florida’s cosmetic manufacturing permit requirements” on the label.

  29. Can you help me understand how it is good news that folks can be making lotions, etc without regulation? We all know the need for good sanitation and good practices when making something that can grow bacteria and mold. A label does not make a product safe.

    • True, good manufacturing practices should always be in place. It’s just that Florida has had more restrictions on small handcrafted businesses than any other state, so this is a welcome relief to those who are starting out.

      • It is good news because an entrepreneur trying to work hard and have a better quality of life is not regulated so much that they cannot ever get traction when starting a small business.The key word here is ” small” these products are topical and not to be consumed.Selling a moldy ot bad batch or inferior product will never survive the scrutiny of the marketplace and would just waste the time, energy and financial resources of the small business owner,in my opinion

    • This is Great news! Mariana you have no idea what you are talking about! I am old enough to pick where I buy from a fruit stand right? What if someone fertilizes with dog poo? I mean? They regulate that I cannot start a business and sell lotion? Or soaps? Eye shadow? I’m so glad because I am starting a business now.

      • Should I wait for the ‘”scrubs” to interpreted or confirmed as moisturizers or can I go ahead and make the for selling ??

    • You are right about good sanitation and good practices – but the majority of home-based cosmetic businesses follow these practices. I have a separate room in my house and keep everything sanitized and organized and use only quality ingredients. I guess it depends on the maker.

      • If you have a business or are planning to create on, it might be prudent to see what the final determinations are before creating a product line.

    • Mariana, it’s good news for people who are not rich and who want to start a business. It’s as simple as that.

    • From the view of the florida regulations, it’s talking about the cosmetic products that YOU make. You have to package and label your products before you sell them.

      • Well, I would think that salt and sugar scrubs are moisturizers. I don’t know how they are going to finally interpret the definition of “moisturizer” and what product types will qualify.

    • Does requirement #6 apply to soap as well ?.
      IMPORTANT: The product label must include a statement “Made by a manufacturer exempt from Florida’s cosmetic manufacturing permit requirements.” The statement must be in at least 10 point type and a constrasting color.

      • Yes – it applies to soap IF it is a cosmetic. That is – it is made with detergents OR you make cosmetic claims for it.

      • That would depend on your graphic designer. The required information on the label is the identity of the product (soap), the net weight and the business name and address. There are requirements for where the information needs to be placed. See Quick Labeling FAQ

      • Ok, however when I read the requirements I don’t see where to out #6 statement.. front back etc….
        Please advise.. TU

      • The new law just says it must be on the label; it doesn’t specify where on the label.

    • Thank you for all this information! I want to start my own business selling handcrafted solids shampoo and conditioner bars. So under 25k I suppose to be good selling this products?? I just want to be sure because I couldn’t find any examples about “solid cosmetics”.

      • The law specifies that small manufacturers can make “soap not otherwise exempt, lotions, moisturizers and creams.” They haven’t clarified how they will be evaluating solid shampoo and conditioner bars.

      • In facts.. Shampoos bars are not allowed under the exception. I found this information. Regular shampoo bars are made with SCI, SCS, etc.. those ARE NOT alkaline fat acids “lye”.. 😔

        To meet the definition of soap in FDA’s regulations, a product has to meet three conditions:

        What it’s made of: To be regulated as “soap,” the product must be composed mainly of the “alkali salts of fatty acids,” that is, the material you get when you combine fats or oils with an alkali, such as lye.
        What ingredients cause its cleaning action: To be regulated as “soap,” those “alkali salts of fatty acids” must be the only material that results in the product’s cleaning action. If the product contains synthetic detergents, it’s a cosmetic, not a soap.

      • There are two kinds of “exceptions” in Florida.

        The one that has always been in place is the “soap” exception. The cosmetic manufacturers registration is for COSMETIC manufacturers. Soap is not a cosmetic if it is the “alkali salt of fatty acids” AND it only claims to be soap and clean. So someone making soap, with that definition, would not be a cosmetic manufacturer and so would not need to register. You are absolutely correct that a shampoo bar made with synthetic detergents (SCI, SCS, etc) would not fit the definition of “soap”. So someone making a syndet (*synthetic detergent) shampoo bar would be a cosmetic manufacturer.

        The second “exception” is the one that went into effect recently. That exception is for small businesses. First requirmeent is that the business makes less than $25,000 in annual cosmetic sales. The second requirement is that it only applies to lotions, moisturizers, creams and “soap not otherwise excepted”. A “soap not otherwise excepted” would be a syndet soap (doesn’t fit the already-excepted-definition) or one that claims cosmetic uses.

        A syndet shampoo bar doesn’t fit the first exception, but it DOES fit the second exception IF the business makes less than $25,00 in annual cosmetic sales.

        Note, though, that the shampoo bar would need to have the additional label statement that it wasn’t made by a licensed cosmetic manufacturer.

      • Thank you very much for the detailed answer! I’m honestly so excited about the project, I’m still not sure about many things, however I’m ready to go for it! I saw that your most recent book will be on Amazon on the 15th, I will definitely have it to learn more. Thank you very much

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