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Discussion Starter · #1 ·
I'm working on my biz plan on becoming a WAHM, as I mentioned in the previous post.<br><br>
Now, here is what I was wondering....<br><br>
Are there regulations for me to sell to US customers? IE... if I had a herbal product, that if it was a US WAHM, they would need to meet the US FDA standard, while I meet canada standard. Do I need to seek US approval as well? I'm not retailing in the US, US customers would make their choice to purchase from Canada...<br><br>
Am I making any sense?? I think the short of it is, if I'm not wholesaling out of Canada, do I need to worry about the US standards for the occasional US customer? Not everything regulated in Canada is regulated in the USA and vice versa....
 

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Hey! Well, I'm not the expert on sales, but I do know that most herbal products are not FDA approved or tested. <img alt="" class="inlineimg" src="/img/vbsmilies/smilies/rolleyes.gif" style="border:0px solid;" title="rolleyes">: That's good and bad I guess. Good because they don't regulate what can be sold and what can't and you have access to a multitude of herbal remedies and products. BUT the down side is anyone can sell anything as a "remedy" and no one can say anything.<br><br>
If they have standards in Canada, and you meet them, Great! But I don't think you any kind of approval here for the US. Especially for internet purchases. I'm not totally sure, and maybe someone else here will know better than I, but I'm pretty sure about it.<br><br>
Can't wait to see what you're gonna offer. <img alt="" class="inlineimg" src="http://www.mothering.com/discussions/images/smilies/orngbiggrin.gif" style="border:0px solid;" title="orange big grin"><br><br>
~Amber
 

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Discussion Starter · #3 ·
Ok, maybe I'm not clear..<br><br>
For example there are "regulations" pertaining to soaps here in canada that may differ from those in the US. Here I need to submit ingredients to show that they are safe to health canada, and specific rules about labelling.<br><br>
Then there are things that don't require any thing special here, but *may* in the US. Being I'm in Canada, and not wholesaling to the US, is there a compliance issue?
 

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If a product is considered a "cosmetic", then there are FDA regulations here in the US. But soap is not considered a cosmetic, so therefore it is not regulated. Someone just said this to me the other day. I don't have any other details about it tho....
 

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Discussion Starter · #5 ·
Ok, So i'm not finding an example that works.....But what IF it IS regulated in the US? What things should the Canadian retailer be watching for? They aren't wholesaling....<br><br>
To me, it's like an American visiting and buying somethin gin the store here in Canada.... USA regulations don't affect the sale. Is it the same for internet sales? If it is Canadian based do USA regulations apply?
 

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I'm not certain this will help you or if you already got the answers you needed. My business has nothing to do with "soap" or anything herbal but I do know something about US regulations. As an example, I train and ship dogs and supplies. I know that to ship a dog to the states I do HAVE to meet their REQUIRMENTS, regardless of the fact that I often have people from the states who contact me via referral or otherwise to purchase a dog. I assume this would be similar. Also I know that there is a vaccine available in the US that I like for my dogs to be vaccinated against because I trial there often and often have dogs from the US here, but it is not available here--in order to get it here it is a huge hassle (on my side not on their side) to the degree that it is actually easier to take a truck load of dogs across the border once a year. Otherwise I am stuck having veterinarians who are friends ship the vaccine to me in discreet packaging and administer it myself. Frankly, what I have found is that the boarder can be wonderful or a complete hassle. The jist is that if someone at customs decides to casuse a problem, they have that power. One month ago I got stopped at the boarder on my way to judge a narcotic dog trial despite the fact that I had all paperwork with me and I had trained both narcotic dogs they had searching my truck. They detained me for 6 hrs because the dogs found the phuedo scent I had with me for the trial--even though I had all paper work. However, I cross at least 9 times a yr and this is the first time I'd had a problem in 4 yrs.<br>
Hope it helps, it can be frustrating, but with the canadian dollar what it is right now, it's worth it to deal with the US market.
 

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<div style="margin:20px;margin-top:5px;">
<div class="smallfont" style="margin-bottom:2px;">Quote:</div>
<table border="0" cellpadding="6" cellspacing="0" width="99%"><tr><td class="alt2" style="border:1px inset;"><i>Originally posted by Touch of Sunshine</i><br><b>I'm working on my biz plan on becoming a WAHM, as I mentioned in the previous post.<br><br>
Now, here is what I was wondering....<br><br>
Are there regulations for me to sell to US customers? IE... if I had a herbal product, that if it was a US WAHM, they would need to meet the US FDA standard, while I meet canada standard. Do I need to seek US approval as well? I'm not retailing in the US, US customers would make their choice to purchase from Canada...<br><br>
Am I making any sense?? I think the short of it is, if I'm not wholesaling out of Canada, do I need to worry about the US standards for the occasional US customer? Not everything regulated in Canada is regulated in the USA and vice versa....</b></td>
</tr></table></div>
To sell your product legally in the US it has to meet any FDA requirement on that particular product. For example, menstrual products are regulated by the FDA. The DivaCup is made in Canada but to be sold in the US needed and has a FDA approval as well as Canadian health approval.<br><br>
Most menstrual product makers I have seen on the web do not have FDA approval. I have links to the databases to do searches for companies that are approved if anyone wants them.<br><br>
I also have the links to see if the product you want to sell is regulated or not and the process you need to go through to get a FDA approval.<br><br>
Selling something illegally without FDA approval is usually fines and/or jail time if they prosecute you.<br><br>
MNS
 

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Discussion Starter · #8 ·
Now there's an example....<br><br>
But I'd not be selling the product *IN* the USA. I'd be selling *IN* Canada.<br><br>
I personally don't see much difference from a brick and Mortar store. If a US customer were to walk in and purchase something.<br>
Do I refuse the sale because it's not approved by the US FDA? I often order from the US because I can't get something here in Canada. Sometimes the item may not be approved by Health Canada, but does it make it illegal? It's NOT a controlled substance, just not approved.<br><br>
I can think of several things. Melatonin was one. Amway/Quixtar had a drink that wasn't yet approved for sale in Canada, but we could purchase it from the US. THere are others. Do you see what I mean? Is there *really* a legal issue for me if I have something that is fine here, and a USA customer wishes to order it?
 

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I have removed several posts that were off topic and inappropriate. This discussion may now continue but let's please keep the behavior of members and other board occurrences out of it.
 

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Another example I can think of is prescription drugs. Those are available online but there are many people that cross the border to Canada and Mexico to get them because they are cheaper and some do not require a prescrition from a doctor in Canda and Mexico.<br><br>
The difference I see is that a "bricks and mortar" situation is that the person buying is actually in Canada at the point of purchase......<br><br>
You should really contact a legal person and check out information from the link I posted from the FDA.<br><br>
DivaCup does sell their product IN Canada to people int the US as well as having distributors in the US..so that is kind of ticky ...<br><br>
Thanks Cynthia....<br><br>
MNS
 

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I have a friend who ordered some drug online that did not have US approval, some sort of medication that had a side effect of lactation (she was having a problem producing milk.) She bought it (from New Zealand maybe)and I believe she ordered it several times and never "got in trouble" from the FDA or whatever. As far as I know the company was never fined or anything. I am not sure if that was "legal" or not, but she and the company didn't suffer. HTH!
 
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