License for starting a cosmetic business

Majumderri (Querist) 28 March 2020 This query is : Resolved
I am planning to start a business of homemade cosmetic products like face wash,soap and scrub.All the ingredients to be used will be herbal,there is no involvement of chemical.I will be selling it on online platform.Can anyone let me know what are the license that i should obtain to avoid any trouble in future.

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If you're planning to launch a homemade cosmetic business selling products like face wash, soap, and scrubs online, you'll need to be aware of the necessary licences. The discussion highlights that specific licences are required for manufacturing, storing, and selling cosmetics in the UK, often involving applications with bodies like the Food and Drug Administration (FDA) and adhering to regulations under the Drugs and Cosmetics Act. Obtaining these licences involves a detailed application process, including site plans, proof of premises, and ensuring qualified personnel are involved in production.

Rajendra K Goyal (Expert) 28 March 2020
License from FDA, Ayush, Municipality, Industries department, GST are basic requirements.

Should hire the services of some expert consultant for guidance, details and procedure.

Raj Kumar Makkad (Expert) 28 March 2020
This job is fo the chartered accountant. You have posted your query at wrong place.

Dr J C Vashista (Expert) 29 March 2020
Commercial query should be solved by engaging a professional lawyer.

Rajendra K Goyal (Expert) 29 March 2020
A consultant in the said field can guide you better than a CA.

P. Venu (Expert) 29 March 2020
You may be able to get guidance from District Industries Centre,

T. Kalaiselvan, Advocate (Expert) 29 March 2020
The following licenses are required for cosmetic product manufacturing & market in India according to Drug and Cosmetics Act, 1940 –

License on form 32 is issued for manufacture/ sale distribute of cosmetics. (Form no 31)
License on form 32-A is issued for loan license for manufacture/ sale distribute of cosmetics. (Form no. 31-A)
License on form 37 is issued for grant or renewal of approval for carrying out tests on drugs/cosmetics or raw material used in the manufacture thereof on behalf of licenses for manufacture for sale of drugs/cosmetics. (Form no. 36)

T. Kalaiselvan, Advocate (Expert) 29 March 2020
The following are the requirement of documents for the grant of cosmetic licence in India for sale of drugs and cosmetics –

Application forms
Challan of fee deposited
Declaration form
Key plan (Blue print)
Site plan (Blue print)
Basis of possession of the premises
Proof of ownership of the premises, if rented
Proof of constitution of the firm (Certified copy)
Affidavit of non-conviction of Proprietor/Partners/Directors under Drugs & Cosmetics Act, 1940
Certified copy of Registration Certificate of Delhi Pharmacy Council/Experience Certificate of the Registered Pharmacist/Competent person and qualification certificates
Bio-data form
Affidavit of Registered Pharmacist/Competent person regarding fulltime working with the firm duly attested by Notary
Appointment letter of Registered Pharmacist/Competent person in charge, if employed person

T. Kalaiselvan, Advocate (Expert) 29 March 2020
The licensing authority appointed by the State Government gives the license to manufacture any cosmetic products. The manufacturer has to ensure that the production is done in the presence of a competent and qualified technical staff and at least one of the staff persons should possess the following educational requirements:

Diploma in Pharmacy approved by the Pharmacy Council of India under the Pharmacy Act, 1948; or
Is registered under the Pharmacy Act, 1948; or
Has passed the intermediate examination with one of the subjects as Chemistry or any other examination which is recognized by the Licensing Authority as equivalent to it.
The Licensing Authority also orders an inspection by the inspectors appointed under the act, of the whole premises, where the operations are to be carried out before granting or refusing the cosmetic license in India. A detailed report is submitted to the Licensing Authority which then decides whether to grant the cosmetic license in India and or not.

Raj Kumar Makkad (Expert) 29 March 2020
Mr. T. Kaliselvan! Has the author asked the licenses for the manufacturer?

I have repeatedly gone through the requirement of the author but could not co-relate your reply of manufacturer license with his query.

I may be wrong. Kindly guide me.

Rajendra K Goyal (Expert) 30 March 2020
Cosmetic business can be bifurcated in following parts:
Pre permissions / licenses before starting
Manufacturing
Store
Sale

Rajendra K Goyal (Expert) 30 March 2020
For manufacturing, license form Food and Drug Administration with due Approval from Drug controllers required.

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.

Rajendra K Goyal (Expert) 30 March 2020
For manufacturing certain drug and cosmetic items qualification of diploma in pharmacy is required. Requirement of Schedule M-II of the Drugs and Cosmetics Act and Rule need to be fulfilled.

The place of manufacture should be as per requirement / directives of the act, in respect of Location and surroundings, Building and premises, Waste disposal,Health, clothing and sanitation of workers Health.

Rajendra K Goyal (Expert) 30 March 2020
For store, proper godown as per requirement should be there. Municipal license for the same should be obtained.

Manufacturing and production of any hazardous waste should environmental friendly.

Rajendra K Goyal (Expert) 30 March 2020
For sale, proper GST No. and other related license need be obtained. Manufacturing need proper follow up of labor law.

Packaging should be as per requirement of law, containing ingredients, lot no., price, and other requirements.

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