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What you have to register, and with whom

Updated

On this page5

An unusually branching answer, because the three categories register with three different regimes.

It depends on the category

Which is why the determination comes before this page rather than after it.

Registration follows the category, and a maker who assumes the lightest one and markets like the middle one has registered for the wrong thing.

Exempt soap

No FDA cosmetic facility registration and no product listing, because exempt soap is outside FDA's cosmetic authority.

It falls to the Consumer Product Safety Commission instead, which does not operate a registration scheme of that kind but does carry the product-safety obligations.

So on the federal side this is the light path, and the whole question becomes whether the exemption actually holds.

A cosmetic

MoCRA introduced facility registration and product listing obligations for cosmetic products.

There are small business exemptions, and they are defined by thresholds rather than by feeling small, so they have to be read against your own figures.

Safety substantiation and adverse event record obligations sit alongside them.

Which is the path most handmade soap is actually on, because of the claims it is sold with.

A drug, and the state layer

A drug brings drug establishment registration and drug listing, plus the monograph or application route, which is a different order of undertaking.

Separately from all three, the state and local layer applies: business registration, sales tax, any state cosmetic manufacturer registration, zoning and home occupation rules.

That layer applies even to exempt soap, which is the point makers most often miss.

References

US Food and Drug Administration. Registration & Listing of Cosmetic Product Facilities and Products under MoCRA, including the small-business exemptions and what they do not cover. fda.gov
21 CFR 701.20. FDA interprets "soap" to apply only to articles where the bulk of the non-volatile matter consists of an alkali salt of fatty acids, the detergent properties are due to those alkali-fatty acid compounds, and the product is labeled, sold and represented only as soap. ecfr.gov
US Consumer Product Safety Commission. Soap Business Guidance. Products meeting the FDA soap exemption fall to CPSC rather than FDA, with labeling under the Fair Packaging and Labeling Act and the Federal Hazardous Substances Act where relevant. cpsc.gov
US Food and Drug Administration. Small Businesses & Homemade Cosmetics: Fact Sheet. fda.gov
US Food and Drug Administration. Cosmetic versus drug: a product making a therapeutic claim, or offered to treat or prevent a condition, is a drug. fda.gov
Written from the federal regulation and FDA and CPSC guidance named on each page, not from a laboratory or a legal practice. Whether a particular product and a particular label make exempt soap, a cosmetic or a drug is a determination about your product, and this is not that determination.