Okay thank you for your timely response, so to begin with I just need to pay the 15k-20k to register my private label pesticide product in all 50 states.
@1Empress, if you want to sell on Amazon the right way, technically yes.
I know about seven or eight years ago one of my competitors (we are friendly) launched a FIFRA regulated product, and due to the costs they decided that they would register in States after a sale. They launched it on Amazon, and it worked fairly well nobody but MI said anything (MI fined them $1,500 for marketing an unregistered pesticide in MI and made them register). That product is doing very well today, both on Amazon and now in B&M’s all over the country.
Obviously, things were different back then. And I’m not advocating it, because as I’ve mentioned it is not kosher. But it has been done before successfully. I don’t think that during the pandemic (and government scrutiny of Amazon), would be the greatest time to try and sneak something like this through. If you did try this, it would be very important that you be very familiar with the registration process in all 50 states.
Yeah my illegal days are long gone. Were you able to do the registration by yourself or did you hire a FIFRA consultant to do the leg work? As I hear that California is the most difficult.
@1Empress, Good question. For years I personally did the registrations, but too many products now. It would be a bad day if I forgot to renew one. So we have a dedicated person that all they do is registrations. I still personally do the label, data, etc.
I understand that many states are really easy now, the entire process is completely online. I forget which State our person says is the most time consuming, but it isn’t CA. I don’t like CA because they have a tax (and I am required to keep special records of what goes into CA and pay by the pound each year. And if a customer buys product in another state and then it goes into CA and they don’t pay the tax and get caught. CA does an audit on me, then makes me pay the tax, and then says paying the tax is an admission of guilt and fines me $10,000.00 but I’m getting off topic), I am told that the registration in CA is super easy. I know that she hates MA, she got in a fight with someone over at the Massachusetts Department of Agricultural Resources about “who didn’t do what” in 2018 (which was a little funny).
I think it is a good idea to at least in the beginning be involved in the registration process for each state, so you are familiar with the process. I also would recommend that you get a commercial pesticide applicators license in at least your own state, and in a few other states from time to time. It does two things, you get to actually meet the regulators in the State and you become familiar with the process and peculiar laws in each state. I have had a commercial applicators license in 47 states at one time or another (I never got to HI, or AK and the only applicators test I ever failed was AZ).
Ohh wow, thank you for the info youv’e been really helpful. Sounds like your running a thriving business! In time, I know I’ll get there.
It pays the rent, and I enjoy it. I wouldn’t describe it as thriving, there is plenty of room for improvement. It isn’t exactly Apple.
If I retire, it will be doing well.
Did you ever resolve this issue?
Yes. It took many cases opened of basically the same information sent over and over to get it resolved. also sent a Jeff@ email with a list of cases that were closed incorrectly and the same information about a week before resolution but not sure if it had an effect. Cases often contradicted each other where one would say it was going to be restored in 48 hours, and then another coming through saying it was still restricted.
If you have your own website for your products I recommend uploading any MSDS sheets or product information there and linking to it in your cases instead of just uploading it with the case.
Thank you for your reply. So, what did you tell
Amazon to get it resolved? I have been selling a soap that is being categorized as a pesticide. Now, I can’t even edit the listing or view it to make sure there are no troubling phrases in the description. Would you suggest continuing to tell Seller Central that the items are NOT pesticides? I have sent in the SDS sheets from the manufacturer. Good idea with including the website.
It’s hard to tell exactly what the turning point was, or if it finally just got in front of someone that cared to read the case instead of closing with the same copy/paste garbage that didn’t apply.
I would say switching from attaching the SDS to the case to linking to the manufacturer website made a difference. Other than that there wasn’t anything specific that we did that made it happen, we were just persistent with the cases.
Contact your local representative and report it! Talking about it on here will do nothing. Report restrictive trade to your elected congressman or congresswoman. Amazon makes up acronyms and creates their own meanings to avoid legal action. This is constant, consistent, and across the board of categories.