• Does one need a license to make handmade cosmetics?

I understand that cosmetic manufacturing requires a license. But is the license required for handmade/ home made cosmetics also?

To call a product organic, are there any guidelines on which ingredients are considered organic and which are not?
Asked 7 years ago in Business Law

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7 Answers

1. All kinds of cosmetic manufacture whether handmade or factory made needs permission and license from Drug Control And Environmental Regulations.

2. So do not start manufacturing any items without such license , Trade license is also required.

4.The necessary laws are Federal Food, Drug, and Cosmetic Act (FD&C Act) and the Fair Packaging and Labeling Act (FPLA).

3. So meet local health officials and talk to them to know the necessary regulations to be obtained.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
510 Consultations

As long as you use it for your own use, no issues. There are institutions who conduct exams for cosmetology. You may approach them to get license.

FYI. There is 28% GST applicable for cosmetics whether it is company made or hand made.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

you need to obtain licence from FDA( Food and Drugs Administration ) for hand made cosmetics . the said Licences have also to be approved by Central Licensing Approving Authority i.e. Drug Controller General of India.

2) the layout plan for manufacturing cosmetics has to be approved by the authorities

3)the plan should be as per the requirements prescribed for manufacturing premises in the Drugs and Cosmetics Act 1940

4) The plan is scrutinized by panel of officers as per the requirements of the Drugs and Cosmetics Act 1940.

5) If necessary the premises is inspected by the concerned Inspector before plan Approval.

6) Finally after scrutiny and compliance as per requirements of the Act the layout plan is approved and two copies are given to the Applicant.

7) you would also need licence under shops and establishment act of your state

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

Documents to be attached along with the application form:

Receipt for the fees paid or challan, (the fees are as given in Appendix A) as the case may be or their attested copies.

Copy of Approved layout plan of the manufacturing area.

Documents viz. Rent receipt, purchase documents or its attested copies showing lawful possession of the premises

List of machinery and equipments.

Documents relating to the constitution of the firm viz. Partnership-deed, memorandum and article of association etc.

Full particulars of the competent technical staff employed for manufacturing and testing of drugs and cosmetics along with copies of their educational qualifications and experience certificates approval letter as competent staff. The competent technical staff is required to furnish consent letter for full time employment with the applicant firm.

List of Drugs Cosmetics in triplicate along-with undertaking to be submitted.

In case, the application is for the products covered under Schedule C and C (I) category, then the details of stability data is required.

If the products are covered under ‘Patent and Proprietary’ definition, then the two copies of methods of Analysis of the products be supplied.

Full name of the proprietor or the partners, as the case may be shall be provided in the application. In case of private or public limited concerns, full name of the Directors who sign the application and the authorized signatory, if any, shall be provided in the application .

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

The Drugs and Cosmetics Act 1940 and Rules 1945 in India regulate all the manufacturing process relating cosmetics and drugs and under which manufacturing of hand made soap is covered.

As per the definition of cosmetic under Sec. 3 (aaa) of Drugs and Cosmetics Act 1940 and Rules 1945, which includes any article which is intended to be rubbed, poured, sprinkle or sprayed on or has been introduced into, or otherwise applied to, human body or any part either for the purpose of cleansing, beautifying, promoting attractiveness or for altering the appearance.

As hand made soap is used for the purpose of cleaning hands, it comes under the ambit of cosmetics under this act.

The Government of India has implemented the National Programme for Organic Production (NPOP). The national programme involves the accreditation programme for Certification Bodies, standards for organic production, promotion of organic farming etc.

India Organic is a certification mark for organically farmed food products manufactured in India. The certification mark certifies that an organic food product conforms to the National Standards for Organic Products established in 2000.

Those standards ensures that the product or the raw materials used in the product were grown through organic farming, without the use of chemical fertilizers, pesticides, or induced hormones. The certification is issued by testing centres accredited by the Agricultural and Processed Food Products Export Development Authority (APEDA) under the National Program for Organic Production of the Government of India.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

I am a freelance marketer asking the above question for a prospective client that is starting an e-commerce venture. Are there any specific requirements for the label on the product? It would also be helpful if you can let us know if there are any other legal requirements for an online handmade cosmetic business.

As per the Drugs and Cosmetics Act and Rule, the Central Government and the State Government makes rule regarding issuance of licence to a person for manufacturing cosmetics. Basically it is the State Drug Authorities of respective States, who are authorized to issue manufacturing licenses.

A person applying for the license of manufacturing hand made soap or any other cosmetics should have passed intermediate exam with Chemistry as one of its subject or any examination which is recognised by the Licensing authority.

Apart from it to get a license it is required to hold a diploma in Pharmacy which should be certified and approved either under the Pharmacy Council of India under the Pharmacy Act, 1948 or under the Pharmacy Act, 1948

At the time of applying for the licence it is required to mention other information like the lists of equipment, manufacturing facility details with minimum area required for manufacturing, Technical Competent personnel details, etc.

Apart from those details the licencing authority also considers before approving the licence that whether the cosmetic is misbranded or is a spurious cosmetic.

Drugs Controller General is appointed by the Central Government as a head of the Central Drug Standard Control Organization who is authorised to regulate the cosmetics and drugs in India.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

Hello,

A permission and license from Drug Control And Environmental Regulations additionally the layout plan for manufacturing cosmetics has to be approved by the authorities as per the requirements prescribed for manufacturing premises in the Drugs and Cosmetics Act 1940.

It is advised that you talk to local health official to get the knowledge on all such laws like FD&C Act and FPLA.

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

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