Making Cosmetics in Alabama

 Alabama Code AL Code § 20-1-50 to 57 (2019) covers cosmetics. It’s pretty brief. The definition of a cosmetic is the same as the federal law and regulations, as are the definitions of adulterated and misbranded. The State Board of Agriculture and Industries is responsible for setting standards of “purity and quality.”  Essentially, it is a violation to have or sell adulterated or misbranded cosmetics (unless you have them clearly identified and set aside from the stock for sale).

There don’t appear to be any regulations covering the manufacture of soap or cosmetics that differ from the federal regulations. In other words, there is no pre-approval or registration required.

Business Registration

Alabama requires that your business is registered, unless you are doing business as a sole proprietor under your own name.

Corporations, LLCs, partnerships, and other business entities must reserve the business name and register the business entity. Both are done through the Alabama Secretary of State Business Services.

If you have a sole proprietorship, you may do business under your personal name without registering. If you want to use a business name other than your own name, you need to register it as a trade name (or “doing business as”) with the Alabama Secretary of State, through their Administrative Services. Before registering, you’ll need to make sure that the name you want isn’t already in use.

Alabama Department of Revenue

You will need to register your business with the Alabama Department of Revenue. The first step is to register with MAT (My Alabama Taxes). If you are selling retail, you will need to get set up to collect (and turn in) sales tax.

Business Privilege & Store License

If you are selling (wholesale or retail) you must get a Store License, which is issued by your County Probate Office or County Licensing Commission. You’ll have to check locally to get the details. It doesn’t appear that there are any additional licenses or permits specific to manufacturing soap or cosmetics.

Occupational, Signage, or Zoning Permits

Your city or county may require additional permits for your business. This is particularly true in larger cities or where there are restrictions on where certain types of businesses can be located. For example, some cities don’t allow industrial businesses in the downtown area or retail stores in a residential area. Some cities also have restrictions on signage. Check with your local city or county.

Weights and Measures

The Alabama State Board of Agriculture and Industries has a Weights and Measures Division which inspects and regulates weighing and measuring devices that are used commercially. This includes devices that are used to determine the net weight of packaged goods, such as your soap or cosmetic products. Your weighing device should be registered.