Florida Regs – 2019 Recap

[Updated July 11, 2019 to include a section on Inspections and a link to the actual regulations for the requirements that must be met.]

Of all the subjects I get asked about, making cosmetic products in Florida is close to the top of the list because they have the most stringent regulations for cosmetic manufacturers. That being the case, I thought a recap of the Florida regulations might be in order.

Florida Law

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.

The law defines several important terms:

(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

(b) Intended for use as a component of any such article.

FLA. STAT. § 499.003(13) (2018)

The definition of a cosmetic in Florida statutes is, for all intents and purposes, identical to the definition in US law. If it is applied to the human body to make it look better, then it is a cosmetic. A cosmetic would include scrubs, creams, lotions, serums, bath fizzies and bombs, oils, bubble bath, shampoo, make-up, bath salts, bath milk, bath tea, masks, etc., provided the product is not intended to alter the function or structure of the body or to treat, mitigate, or prevent disease (in which case it would be a drug).

(30) “Manufacture” means the preparation, deriving, compounding, propagation, processing, producing, or fabrication of any drug, device, or cosmetic.

(31) “Manufacturer” means:

(a) A person who prepares, derives, manufactures, or produces a drug, device, or cosmetic;

FLA. STAT. § 499.003(30-31) (2018) (definitions pertaining to drugs are omitted)

The statutes go on to state that if you are going to manufacture cosmetics, you must get a permit. However, if you are going to puchase cosmetics that are made out of state, never open them, and only label them, no permit is needed.


(2) The following permits are established:

(r) Cosmetic manufacturer permit. – A cosmetic manufacturer permit is required for any person that manufactures or repackages cosmetics in this state. 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 obtraining a permit under this paragraph.

FLA. STAT. § 499.01(2) (2018)

There are some age and location restrictions on who can be issued a permit.

BTW, a “not a natural person” is a corporation or other business entity.

Permit application requirements.
(1)(a) A permit issued pursuant to this part may be issued only to a natural person who is at least 18 years of age or to an applicant that is not a natural person if each person who, directly or indirectly, manages, controls, or oversees the operation of that applicant is at least 18 years of age.

(b) An establishment that is a place of residence may not receive a permit and may not operate under this part.

FLA. STAT. § 499.012(1) (2018)

The law also specifies what is required in the application. Rather than quoting the whole of Florida Statute § 499.012(4)(a), I’ve summarized the key points:

The permit must include:

  • Name, business name and address, telephone number.
  • Any other business or trade names used by the person.
  • Type of business (sole proprietorship, partnership, LLC, etc).
  • Name and address of all business owners.
  • “Any other relevant information that the department requires.”

The department will consider the following factors in reviewing the qualifications of the persons to be permitted:

  • 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.
  • If the person has been disciplined by a regulatory agency in any state for any offense that would be a violation of this law.
  • A felony conviction under federal, state, or local law.
  • Past experience in manufacturing or distributing cosmetics.
  • Suspension or revocation of a federal, state, or local government of any permit currently or previously held for the manufacture of cosmetics.
  • Compliance with permitting requirements under any previously granted permits.
  • Compliance with requirements to maintain or make available to officials the records required.

Finally, not getting a required permit for a cosmetic manufacturing business is clearly a violation of the law.

Prohibited acts.It is unlawful for a person to perform or cause the performance of any of the following acts in this state:

(22) 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.

FLA. STAT. § 499.005(22) (2018)

Florida Regulations

Once the laws are put in place, the departments or agencies responsible for enforcing the laws go to work putting regulations into place with more specific details about how it all is going to work.

In Florida, that responsiblity falls to the Department of Business and Professional Regulation, Division of Drugs, Devices, and Cosmetics. They are ones that write, implement, and enforce the regulations (called “Rules”
in Florida).

Becoming permitted as a cosmetic manufacturer requires several steps:

  • Pay the initial fees (with the application)
  • Complete and submit the application
  • Pass inspection
  • Renew license every two years (and pay renewal fee)


A total of $950 must accompany your application fee:

  • Biennial (every two year) application fee, Non-refundable: $800
  • Initial application and on-site inspection fee: $150

In the event that you don’t pass the initial inspection and the agent is required to return to conduct another inspection, you will likely be charged some fee for return visits.

If you don’t go through with the permitting process for whatever reason, the $800 is non-refundable.

Once received, the permit must be renewed every two years at a cost of $800.

Application Form

The Division of Drugs, Devices, and Cosmetics has an official application form (direct link) that must be submitted. Unlike their other forms, this one is not available at present (June 2019) to be filled out online.

The application form consists of 8 Sections, most of which are contact/business details or background (“Have you ever …?”) questions. Only Section 7 deals specifically with the actual manufacturing activity. There are only 9 yes/no questions (except the last one). Questions are slightly edited for readability; I have bolded and colored the questions that will probably be the most problematic:

  1. Are products distributed under this permit intended for export?
  2. Will all required records be stored and maintained at applicant’s physical address? (If no, provide details)
  3. Will required records be computerized, automated or stored electronically. If yes, will you have a back-up procedure to be able to provide required records?
  4. Do you have labels of your products ready for inspection?
  5. Do you manufacture a product that has a sunscreen (SPF)? (If yes, an Over-the-Counter Drug Manufacturer permit is required)
  6. Do you intend to comply with all Federal and State “Current Good Manufacturing Practices”?
  7. Does the applicant have written policies and procedures as set forth in rule 61N-1.010(6)-(10)?
         If no, provide written explanation
         If yes, provide a copy of each policy and procedure
  8. Have you obtained a copy, reviewed and familiarized yourself with the requirements set forth in Rule 61N-1.010? Failure to comply with the rule is the basis for permit application denial and enforcement action by the department.
  9. What date will the establishment be ready and available for inspection? This is the earliest date the application my be deemed complete.


Once you have paid your fee and submitted the application, your facility must be inspected – and pass – before you can start legally making cosmetics.

The inspection criteria are based on general good manufacturing practices. 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).

If you are unfamiliar with good manufacturing practices, I suggest that you read the regulations and also get a copy of my book, Good Manufacturing Practices for Soap and Cosmetic Handcrafters, which will give you some ideas for how to implement the general guidelines in the regulations.

Frequently Asked Questions

What if I only sell occasionally at craft fairs or farmers markets?
There is no exemption (I checked with the state office by email). If you make cosmetics for sale, you must get a permit.

Can I make soap without a permit?
Yes, probably. The laws and rules apply to cosmetics, the definition of which exempts soap. The Florida statutes and rules don’t define the criteria for a soap to be exempt. Assuming Florida is using the definition provided in the federal regulations:

  • You would NOT need a permit if you were making and selling soap that is the alkali salt of fatty acids (made from lye/oil) AND is only marketed as “soap.” (NOTE: the soap could still include additives or fragrance.)
  • You WOULD need a permit if the soap were the alkali salt of fatty acids, but was marketed with claims that it would moisturize or do anything more than cleanse (the claims would make the product a cosmetic).
  • You WOULD need a permit if the soap were made from detergent-based surfactants, regardless of whether you claimed it could do anything more than cleanse or not.

Are small batches really considered “manufacturing”?
Yes. If you are making and selling, regardless of the quantity, you need a permit. (It is very unfortunate that there are no small business exemptions in the law!)

If I buy in bulk and repackage, is that manufacturing?
Yes. If you open the package and handle the product, then it is manufacturing.

What if I have someone make my products and deliver to me already packaged so all I have to do is apply a label. Do I need a permit?
Probably. The regulations for drugs are quite clear that you would (if you were making drugs) but the law doesn’t specify that for cosmetics. However, it does appear, from the regulations, that they are considering it necessary for cosmetics if you only relabel. You should check – whoever is making your products for you should know.

What if I teach classes to people to teach them to make their own products?
No, a permit is not required (unless there are some requirements for teaching in general). Of course, all your students should be informed that if they decide to go out and start a business they will need to get cosmetic manufacturer permits.

Do cosmetic manufacturing businesses outside Florida that sell to customers IN Florida need a permit?
No. The permits are only required for cosmetic manufacturers located in Florida.

What if I sell only online and only to people outside of Florida?
Yes, still need a permit. It is based on making the products in Florida, not where they are sold.

What about registering the individual products?
The laws in Florida used to required that in addition to the permits, every single PRODUCT had to be registered (before it was sold). The law was changed in 2017 and that portion of it was removed. Individual products no longer have to be registered.

Do I need a permit if you give away other (cosmetic) products with a purchase of soap?
Yes, probably. Generally, the rule is that if purchase is required to get the “free gift” then the gift is actually “purchased”. In that case, the cosmetics are being “sold” and are not for personal use only. A permit is required if the cosmetics are manufactured in Florida.

What about a mosquito repellant?
A product that is intended to repel bugs isn’t a cosmetic, because it’s not applied to the human body to make it more attractive. At a federal level, bug repellents are overseen by the EPA (Environmental Protection Agency). In Florida, all pesticides must be registered with the Florida Department of Agriculture and Consumer Services. Even if they are exempt from registration at a federal level. A cosmetic manufacturer permit is not required.

Does making products for animals need a permit?
No, cosmetics are “applied to a human body”. 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.

Are permits needed for candles, room or linen sprays, or potpourri?
No. None of those items are applied to the human body and so are not cosmetics.

Are there any other hoops to jump through?

Unfortunately, there may be. Just like any other state, Florida has business and tax regulations that apply to all businesses.

City or County

Depending on the city and/or county you are located in, you may need a business license.

There may also be local zoning restrictions or requirements. Make sure you check before you decide on a location in which to manufacture your products.

Florida Dept. of Corporations

If you have a partnership, LLC, or Corporation, you’ll need to register your business with the Dept. of Corporations.

Normally, if you have a business operating under some other name than your personal name, you have to file a ficticious name statement, but it looks like businesss that are registered with the Department of Business and Professional Regulation are exempt (woo-hoo!).

Florida Dept of Revenue

You will probably need to get an Employer Identification Number, even if you don’t have any employees. You can use that number for your business instead of your own social security number.

Florida collects sales tax on all retail purchases made in the state. If you are selling retail, you need to get set up with the Department of Revenue to collect and report sales tax.

In Summary

Well, there are certainly some extra requirements to meet in order to make cosmetics in Florida. Whether they are fair or good or reasonable for small busineses making small batches of cosmetics out of safe ingredients is a subject for another time.

Unfortunately, they are in the Florida statutues (law), not just created at the whim of some random government official. In order to change them it literally needs an act of the Florida legislature. Not that it can’t happen — it will just take a concerted effort on the part of a lot of people to pull it off.

In the meantime, you’ll hear people say that it “doesn’t really apply” or that “no one will notice a small business like mine.” Maybe that’s true, but it doesn’t make it right. And it’s probably not the best foundation for a business at all.

My best advice is that if you plan to make cosmetic products in Florida, take the time to get educated on good manufacturing practices (because that’s really all they are looking for) and decide if you think you can meet that professional standard. If you think you can, then go for it!


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  1. Thank you for all your insight on this craziness. I just got your label requirements book and after reading this I feel like I can’t say anything at all about my soap! It does meet the exempt requirements. I just moved to Florida and trying to sort all this out. I will need to register my business for a TIN correct? But I also need to register for an EIN even though I will be the only employee? And then I’ll have to register for my area in Florida (Bay county)? Also, on the label, I can list all the ingredients and additives (it is mostly lye, fat, and water) but I can’t say anything about properties of the ingredients is that correct?

    1. Author

      If your soap is exempt from the definition of a cosmetic … that’s right. You can’t say anything about what the soap or the ingredients do – other than clean. You can still, of course, describe the soap itself (color, scent, suds, lasting, history, etc). As soon as you say that the soap or the ingredients DO anything you have crossed into cosmetic or drug land. With the new law, however, you can make COSMETIC claims for your soap (moisturizes, exfoliates, etc) – it just becomes a cosmetic and needs to be labeled as such.

      In Florida you need to register your business name. You need to get an ID number from the Dept of Revenue (or whatever it’s called) for collecting and reporting sales tax. You MAY need to get an EIN from the IRS – but I don’t think you are required to unless you have employees. (You, as the owner, are not an employee for payroll purposes.).

      You may list your ingredients if your soap is just a soap; you MUST list your ingredients if your soap is a cosmetic.

  2. If I include products in my soap that have moisturizing properties but do not advertise that they moisturize am I exempt?

    1. Author

      It’s what you SAY about the product in order to tell the consumer the intended use. What you put in the product doesn’t determine the intended use.

      1. Thank you for the quick response. I wanted to be absolutely sure that inherent properties of oils used (as in statements verified by the FDA about specific oils) wouldn’t automatically classify my soaps as cosmetics.

      2. Author

        So long as YOU aren’t making the statements about your ingredients or products you aren’t specifically linking to statements about the properties from your product or ingredient descriptions, you should be okay.

  3. I purchased a RV to use an office on my property, can I use this as my place of business. Where can I find the regulations of the “work space”?

    1. Author

      The requirements are covered in Florida Rules 61N-1.010. My understanding is that you can’t have the manufacturing on a residential property, even if it is a separate building. However, I’ve gotten some conflicting reports on that, so you would probably want to check with the actual inspector’s office before investing time/money into a space on your property.

  4. If I travel, with all my tools, supplies, and ingredients, to another state (like Georgia) and manufacture, package, and label my handmade cosmetics there, THEN bring them back to Florida to sell, would I be exempt from obtaining a permit?

    Thank you!

    1. Author

      Honestly, I don’t know if that would work as a loophole in the regulations.

      If the Florida State inspection folks came looking, I would expect that you’d have to have some sort of proof that the products were manufactured (and packaged and labeled) somewhere other than Florida.

      In a normal circumstance, products sold in Florida but not manufactured there would be manufactured by a company that has a facility (even if it’s a person with a kitchen) that is set up as a business to manufacture cosmetics in another state. Then the products would be sold wholesale to a company in Florida for retail resale. The non-Florida business would be clearly a business from which the products were purchased. (Like any store, that’s how it works.) The documentation would be clearly in place from the accounting and purchasing (in Florida).

  5. Only in FL, you can make soap at home and sell it, no permit is needed. But…if you want to sell accompanying lotion bars or salt scrubs, etc. where the ingredients are literally in almost everyone’s kitchen pantry, you cannot sell them without a permit and you cannot obtain a permit because you’re making them at home. Are shampoo bars considered cosmetic as well or do they fall in the soap category?

    1. Author

      “Shampoo bars” would be considered cosemtics. Even if they CHEMICALLY meet the specifications of a soap exempt from the definition of a cosmetic, they are not being mareketed and sold only as soap, which is the second part of the requirement.

  6. I have a question. I am starting a natural soap and cleaning supply business (laundry soap, stain remover and so on) what are the laws on the cleaning supplies? I know the soap part about cleaning only, but what about the others?

    1. Author

      Cleaning products are not applied to the human body, so they are not cosmetics. 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. You may have local zoning regulations pertaining to where a business is located. But don’t need a cosmetic manufacturers license to make cleaning supplies.

  7. Hello! Thank you for all of this info. Is it acceptable to state on a soap website that glycerin is a natural byproduct of saponification, and that glycerin is a humectant that draws moisture to the skin? Thank you in advance.

    1. Author

      While it is true that glycerine is a byproduct of saponification and that it is a humectant … once you make claims that the soap (or one of the ingredients) will do something more than clean (as in, in this case, moisturize or keep moisture on the skin) then technically the soap is no longer exempt from the definition of a cosmetic.

  8. Hi! Thank you so much for making things easy to understand! I have a question about foaming soap base. Since it is soap would that be considered soap? What about additives such as salt or sugar. It’s majorly still the soap base?

    1. Author

      It really depends on:

      1) is the foaming soap base made from the alkali salt of fatty acids (that is, lye/oil/water)

      2) if you add salt or sugar are you still selling it as ‘soap’ (not some other product).

      If the soap base is the alkali salt of fatty acids and is only being marketed as “soap” — then it is not a cosmetic.

      If the soap base is the alkali salt of fatty acids but, with the salt or sugar, is being marketed as a “foaming scrub” or something other than soap — then it’s a cosmetic.

      If the soap base is NOT the alkali salt of fatty acids (it’s synthetic detergent based) — then the product is a cosmetic.

      1. I make herbal products. I create oils for pain and other purposes. I also make salves for different purposes. Would I need a permit? I don’t advertise or list my products as cosmetic items.
        I also sell loose organic tea.
        Any permits needed for these things?

      2. Author

        If you are creating oils for pain and other purposes, you are making unapproved new drugs. If they are just for cosmetic purposes, you’d need a permit. If you advertise or sell them to heal or treat, you have crossed into illegal territory. Loose organic tea would fall under food regulations. I expect there is a permit needed for it – but I don’t have the information on food products in Florida.

  9. I’m curious has there been any attempt to petition a change in Florida? The fees are ridiculous for anyone looking to start a small business especially if its home based. I think so many can benefit changing the requirements and manufacturing rules and generate more business within the state.

    1. Author

      Since the requirements are in LAW in Florida, they changes must be made to the law itself. That involves getting a member of the florida House or Senate to initiate a bill to revise the statutues. Possible, but it would take some concerted effort.

  10. So i just want to be clear, I can’t make any cosmetics from my home and sell them online. I can however make soaps and candles from my home, sell them on my website WITHOUT a permit. I’m I on the right track so far?

    1. Author

      Correct — it’s only cosmetics that need a manufacturer’s permit in Florida.

      1. I want to move from Hawaii. I have a beauty business selling body sprays, soaps, lotions, and roll on perfume. Can I make from home and just sell online no permit? Or is it just soaps and candles? Thanks for your help!

      2. Author

        If you are moving to Florida, you need a cosmetic manufacturers license to make and sell cosmetics – which includes body sprays, lotions and roll on perfume. A cosmetic manufacturers license is not issued to any business located in the home.

        Soap, if it is exempt from the definition of a cosmetic, and candles are not cosmetics and do not need a cosmetic manufacturers license.

        In most other states, no license is needed.

  11. Do I need a permit in Fl. if I am rebottling and relabeling sample sizes of essential oils and fatty oils to be included in a class, not selling them individually? I would not be putting the products together, I would be teaching people how to do it.

    1. Author

      So long as you are making finished cosmetics for sale to consumers (or wholesale and then to consumers) then you are not a cosmetic manufactuer. Also, if you are making soaps, that are the alkali salt of fatty acids and are only marketed as soap, they are exempt from the definition of a cosmetic and therefore not cosmetic manufacturers license would be required.

      1. Forgive me for coming back to this so late, I missed the notification that you responded. Can you clarify this statement in your response? “So long as you are making finished cosmetics for sale to consumers (or wholesale and then to consumers) then you are not a cosmetic manufacturer.” Does that mean I can rebottle as long as I am not putting ingredients together but only sending them for a class, not for retail sale?

      2. Author

        The regulations apply to a cosmetic manufacturer who is making products that will ultimately be sold to consumers.

        It sounds like what you are doing is a class and are providing materials for the class — not making cosmetic products for retail sale.

      3. Yes, I do plan to have classes with the samples. Thank you for your time; I appreciate it.

  12. Following up on this comment:
    What if I have someone make my products and deliver to me already packaged so all I have to do is apply a label. Do I need a permit?
    No. So long as you don’t open the containers and only apply a label, you don’t need a license.

    Would this person need to register their product?

    What if I myself go to another state and manufacture there, and then come back to FL and sell?

    1. Author

      I re-checked both the law and the regulations. The LAW says that drug manufacturers that apply labels must register, but it’s not specifically stated (that I could find) that applying a lable to a sealed package of cosmetics requires a manufacturers permit. HOWEVER, the regulations say “all persons who manufacture or relabel cosmetics in Florida”. So I think you probably DO need to be registered even if you are only relabeling (I’ve updated the page accordingly).

      If you purchase labeled products, then you are just selling – so that’s not an issue as far as I can tell. It’s just like any other business that buys and sells products.

  13. Hi. Thank you for all the information! So if I’m 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. Is that correct? Listing ingredients I’m hoping is ok?

    1. Author

      The actual definition, for a soap to be exempt, is that the “bulk” of the non-volatile matter is lye/oil soap. So you could put in additives (clay, herbs, etc) and the bulk of it would still be the soap. (The “volatile” part is usually the fragrance.)

  14. 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?

    1. Author

      If you aren’t making any cosmetics, then the cosmetic regulations (including not making cosmetics from your home) don’t apply to you.

      1. Thank you Marie for being so knowledgeable and sharing it with us. 🙂

    1. Author

      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”. If it meets those criteria, then it falls under the definition of soap that is EXEMPT from the definition of a cosmetic (it’s not considered a cosmetic) so you wouldn’t be a cosmetic manufacturer, so no cosmetic manufacturer permit and license is required.

      Note that claims include not just what is on the package label, but also what is stated in any marketing material or on your website promoting the product.

    2. how i just learn alot just by finding your page! Thank you so much Marie Gale for your knowledge and for you to take the time to share them with us.

  15. So say you’re ordering gallons of lotion and only adding fragrance, do you have to batch test each gallon?

    1. Author

      Per good manufacturing practices, you should test sufficiently to know that what you are finally selling is safe and uncontaminated (and will stay that way for a sufficient time after you package it). If you open the gallons and are handling them, they have a chance of becoming contaminated.

      In a large company each batch would be tested and one completely packaged unit would be kept aside.

      In a small company, you should completely document your procedures for adding the fragrance oil, filling and labeling and then document the safety. You’ll need to make a judgement call on how often you should test and hold aside units for future testing and verification. For small batches, it’s always a balance between testing everything and the real economics of it all.

      1. Thank you! Do you know how these batch tests are done? Do they need to be sent off to a facility to be tested or is it something you do yourself?

      2. Author

        There are several different kinds of tests that can be done – both onsite and by a third party testing facility. I don’t have any products or services that I recommend at this point. Getting a professional third-party text of your final formulation to verify the preservative system is a very good idea. Then from there you could probably do in-house testing with a kit to make sure there aren’t any issues from batch to batch.

  16. 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? Or would this now fall under the Cosmetic classification? For example, the recipe contains: Olive Oil, Shea Butter, Vegetable Glycerin, Xanthan Gum, Water, Castile Soap, and fragrance oil.

    Thanks in advance !

    1. Author

      You should probably do some research into the chemistry of soap. ALL real soap contains lye – it’s part of the chemical reaction and what makes soap SOAP. 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.

      The product ingredients that you listed would probably make a cream or a lotion – it’s a recipe pretty similar to old school cold cream … the oil and water being emulsified with the castile soap (which is made with oil and lye). It would definitely be a cosmetic.

      1. I buy melt and pour soap base, would that be cosmetic or not? It’s from Stephensons if that helps any

      2. Author

        Soap is exempt from the definition of a cosmetic IF:
        1) The bulk of the non-volitile portion is the alkali salt of fatty acids (that is, made with lye/oil/water, not a detergent)
        2) Is marketed only as “soap”
        3) Only claims to clean

        The Stephenson soap base you are using may qualify (you’ll need to check the ingredients or check with them) but is also depends on how you market the it and what you say about it.

    1. Author

      Zoning restrictions are usually handled at a city or county level. Determine if the property is within city limits and then check with the city (usually the Planning office). If it’s not within city limits, check with the county.

      Depending on how technically savvy the city or county is, you may be able to find a zoning map and the regulations for each zone on their website.

  17. Please, the state of Florida has specific VOC limits for cosmetics or Florida follows the National EPA limits? Thanks in advance!

    1. Author

      I did a quick check and only found that California has additional VOC regulations. However, if you are making products that contain a high percentage of alcohol, nail polish remover, personal fragrance products (perfumes, cologn, etc), shaving cream or gel, deodorant, or hair styling products (spray, mousse, gel, shine, etc), then you should make sure you meet the federal standards.

  18. If a handmade product is used for itches, burns, bites, etc.. and no claims to heal or beautify the body.. what category does that fall under? it is not a cosmetic and not a drug.

    1. Author

      A product, handmade or not, that treats or relieves itches, burns, bites, etc is a DRUG. It is intended to alter the function or structure of the body and/or to mitigate, prevent or treat “disease”.

      Any product that makes those claims that is not otherwise approved by the FDA is an unapproved new drug.

  19. Are whipped soaps considered soap or cosmetic and if I add an exfoliant would that change it in any way?

    1. Author

      To be considered a soap, the whipped soap must be made from lye/water/oil (not a detergent-based soap base or MP) AND can ONLY claim to clean.

      If you make it an exfoliant (no matter what the soap base is made of), or have any claims that it will do anything more than clean, then it is a cosmetic.

  20. I understand you can not make cosmetics in florida from your home, but are you able to have a building on your property that is solely for making cosmetics and follows all the good manufacturing guidelines?

    1. Author

      There is conflicting information on this point. The Florida statutes (499.012(1)(b)say:
      “An establishment that is a place of residence may not receive a permit and may not operate under this part.”
      (The definition of “part” in this case is Part 1 of Chapter 499 of the statutes).

      Obviously that means making the products in your HOME is not acceptable. As noted, there is conflicting information on whether a completely separate building on a residential property is acceptable. I have heard that it has gone both ways. That may be due to the interpretation of the inspector, or it may have to do with the actual facilities.

      I would expect that IF it were possible at all, the building used for manufacturing would have to be completely self-sufficient (bathrooms, sewer, water heater, materials, storage, access, etc.) It would probably also need to be fully permitted as a building from the building inspectors and codes for the county and state, and would need to be legal for manufacturing (allowed use on a residential property for zoning purposes). Some areas don’t allow a buisness on a residential property; some allow some types of businesses, but not all.

      Carefully do your research.

      1. Author

        Yes, bath salts and sugar scrubs are cosmetics.

        The way the change is worded, they MIGHT fall under the “moisturizer” part of the exemption …. IF they are intended to moisturize.

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