Is It A Law Require U To Have A Workshop To Make Soap 4 sale

[NameThatCandy]

Is It A Law Require You To Have A Workshop To Make Your Soaps Or B&b Products if you are selling them?

The reason I asked this, because I am reading "The Soapmaker's Companion", it said that "If federal law classified your soaps as cosmetic, then you must manufacture and store it under sanitary conditions and avoid contamination with filth. This is standard of cleanliness that kitchen soapmakers are not likely to meet."

I am just curious about that. I plan to sell my soaps and B&B products in the future. Is that mean I can't make it at home? Do I have to rent some place?

Where do you make your soaps and b&b products.

thanks

 

[Lane]

I think the best way to go about it is to keep your product from being classified "cosmetic"...The number one thing I remember is MAKE NO CLAIMS that your soap will do anything, heal anything etc...

 

[NameThatCandy]

so just stick on Soaps only, no B&B products.

 

[Guest]

No I don't think so,

I know to make and sell food your kitchen must be inspected and you must have a state license. (but just look how many sellers out there on ebay and etsy don't have a kitchen licensed to sell food and they are.)


but you can email the FDA and ask them your question directly, they are pretty good about getting back quickly
http://www.cfsan.fda.gov/~dms/qa-top.html


But here is the FDA pages on cosmetics

http://www.cfsan.fda.gov/~dms/cos-prd.html


but I don't belive you *need* to have your own buidling etc to make B&B products.

But there are quite a few FDA rules that home crafters must follow, including make drug claims which you can't about each product.

It bothers me how many sellers on ebay (not sure on etsy) are making homemade creams lotions and other potions and make drug claims about them and they continue to sell their product. (did i mention that really makes me angry, because I can think of two sellers on the ebay blogs who are doing exactly that. One doesn't give a rats behind she is breaking the law selling herbal cures, and the other is one that brought these FDA laws to MY attention, then she turns around and does it to make a few more sales. How bogus. Sucks to be a sucker for following the rules.

 

[NameThatCandy]

Thanks faithy, I will check the links you gave me.

Another thing, like you said if you sell food, your kitchen must be inspected, if you sell B&B products, does your kitchen need to be inspected?

 

[Guest]

not that i am aware of, i have never read anything to support that only with food.

soap is in a special catagory of it's own. It's not a cosmetic and it's not a drug as long as you make no claims other than it clean the skin.

here is another great link,
http://www.cfsan.fda.gov/~dms/cos-218.html

I can't find it but I do think it's ok for people to make B&B products in their own kitchens to sell. If not half the products made are in violation of the law.

However the maker must comply with the laws set up for making these products since even bath salt is considered a cosmetic in the eyes of the FDA. That is the big one that people who make homemade products must comply .... or else deal with the fda. Even though I know about 1/2 or more that sell online do not comply.

I can't find the link yet but i'm still looking.

 

[Tabitha]

This is from the FDA's website:

How does the law define a cosmetic?

The Food, Drug, and Cosmetic Act (FD&C Act) defines cosmetics by their intended use, as "articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body...for cleansing, beautifying, promoting attractiveness, or altering the appearance" [FD&C Act, sec. 201(i)]. Among the products included in this definition are skin moisturizers, perfumes, lipsticks, fingernail polishes, eye and facial makeup preparations, shampoos, permanent waves, hair colors, toothpastes, and deodorants, as well as any material intended for use as a component of a cosmetic product.

I do not think you do not have to make a claim to be a cosmetic. It's making claims that gives way to being a drug, but those claims must be specific.

I am not aware of any regulations about *where* you have to make your products. I have not researched that in about 5 years, but back when I did I came up empty handed. Lots of other countries who do require soaping areas to be inspected, etc complain about cosmetics coming into their country from teh states were laws reguarding production are lax.

 

[NameThatCandy]

thanks tab and faithy.

 

[thenaturalway]

OK. Now I'm a little confused. I read the FDA info regarding a cosmetic? drug? or both? I'm trying to get my b&b products up and running, but definitely want to comply with FDA guidelines. I see lots of recipes, for example, Cellulite Reducer, that states, "reduces 'orange-peel' look from thighs, etc.". Wouldn't this be a violation of FDA rules about "altering appearance"? I'm assuming that you really can't state on your label that it "reduces 'orange-peel' look from (area of body)" without a potential lawsuit for misadvertising. I plan on making soaps and candles in the future, but am just sticking to b&b products for now. Am I putting too much into this question or just being cautious?

 

[pepperi27]

I think that you definitely have to be cautious in your wordings because claiming that an acne soap WILL take away your pimples and blackheads and WILL give you a clear face in ten days.....denotes that you are in fact claiming your product can do something. That is misleading unless you have tested your product and so forth. As long as you don't do any of those things you should be fine. I wanted to make a cellulite soap but trying to think of another synonym to mean that without making the actual claim LOL