# License to sell soap?



## IndyGardenGal

My mom's friend was telling her I couldn't sell soap without a license from the FDA. Everything I've read shows that I wouldn't need a license, but I wanted to verify the requirements with everyone here. I am in Indiana, if that makes a difference.


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## jdranch

Depends on your state I think.


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## hsmomof4

If it depends on your state, then the FDA, being a federal agency, has nothing to do with it. But no, you don't. If you make any sorts of cosmetic claims (ie: moisturizing) then soap is considered a cosmetic and falls under the FDA's jurisdiction, but even that doesn't mean that you need a license from them to sell it. (And if you make medical claims, such as "healing" then they'd consider it an over-the-counter drug, and you don't want to go there.)


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## NubianSoaps.com

And there is no label police. When I see one website take down their moisturizing etc... claims I will take any of it seriously. Vicki


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## nappint

No, you don't need a license from the FDA to sell soap! 
You might need to obtain a business license from your state and you'll also need a resale certificate from your state's comptrollers office for collecting sales tax but those are both state based requirements. There is no federal licensing requirement as of this moment to sell soap. I have no idea where your mom's friend got her information but she's totally wrong.


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## MF-Alpines

I live in Michigan, but sell from a FM in Indiana. There is no license required. Like Judy said, you need to register with the state so you can collect and send in the sales tax, but that is it. Some don't even do that, but I make sure I am on the up and up about it.


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## Trysta

So Cindy, which state did you register with then? Or do you register with both states and pay sales tax to whichever state your sale happened? Just wondering: I want to have that straight, too!

Marion


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## MF-Alpines

Since my only sales (so far) at a FM in Indiana, that's the only state I've registered with. I really need to look into Michigan this year.


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## hsmomof4

Marion, it depends on the circumstances and what the rules are of each state. I live and sell most of my stuff in KS. I am registered with KS as a business, and file sales tax with them. I have, on a couple of occasions, sold products in MO. Since it's only been a couple of times, I contacted the MO dept of revenue and received a form to fill out and send in with sales tax owed for the event in which I participated. If I was going to be selling in MO on a regular basis, more than a few times a year, they would have me do things differently. Easiest is to contact the dept of revenue for the state in which you are selling retail products and ask what they want you to do. I'm pretty sure, though, that in most places, if you are operating a business, even if your sales are online or otherwise out of state, they want you registered where your business is located, even if you don't have to pay any sales tax (especially since you would be paying income tax to the state in which you live.)


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## Guest

Cindi, Michigan is easy, you need nothing... I do have a DBA tho.. just for tax purposes... 
Barb


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## MF-Alpines

MRFBarbara said:


> Cindi, Michigan is easy, you need nothing... I do have a DBA tho.. just for tax purposes...
> Barb


So Barb, how do you send in state sales tax owed?


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## IndyGardenGal

Thank you for confirming what I already suspected!


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