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Am I considered a distributor or a manufacturer?
So I am starting a tea brand, and we have a supplier that’s overseas. We’ve partnered with a tea farm, and our tea includes ingredients that we bought and have shipped to them. Once the bulk tea lands in the US, we will be repacking into smaller retail bags which we will be selling on Amazon. Am I considered a distributor or a manufacturer? If I put manufacturer, Amazon asks for the FDA registration number. Do I give them our tea farm’s USFDA number or am I required to register with the FDA as a manufacturer?
20 replies
Seller_CW0P5hgbsiqWX
A BRAND is a BRAND. It is your company’s name. It is what you call yourself, It is what your license says TRADING AS…Your BRAND. Now that you have that BRAND name, What do you well under the Brand name?
We manufacturer 58 different items right here in house and sell them under our Brand Name, but we also contract out for 2800 other models to be made for our brand in Europe. We do wholesale some of our brand to other retailers, so that makes a distributor also. So as a brand owner, you wear all of those hats.
As far as Amazon is concerned, you can have a brand. Now if you are selling a food product, Amazon assume you know how to meet all the FDA regulations, and have done so prior to even applying to sell. As you are the seller and owner of your brand, you need your own brand certified. And don’t forget the labiality insurance policy, as further down the road that will be asked for also. It is your Your Brand product, and your brand of product needs its certification.
What you are trying to do is like buying a loaf of bread from Big Bakery, and repackaging it in 2 Slice Bags For Sandwiches, and selling it under Your Brand. Customers do know where the bread came from, but Your Brand need the FDA documentation.
Now with all that said, if you sell the tea under the manufacturers name and not Your Brand, you can use their FDA certifications. 
Seller_IBB5HK1UKOX7k
You are a distributor but you need to label bags as " Manufactured for Joe blow " and then you distribute it from your location.
Do you make the product at your location? NO so you don’t manufacturer it, your tea partner does that. You supply the ingredients , but you don’t physically participate in the manufacturing of the tea correct?
If you manufacturer the product and have a hand in it, then you are manufacturer .
Think of it this way , Polaris gets parts made for them for their vehicles , but those people aren’t manufacturers of Polaris vehicles. Polaris makes them with parts supplied from other sources.
Does that make sense?
You would also list the ingredients and the import countries, so your ingredients would be marked as imported from USA on manufacturers label along with the Tea origin location
Now you can be the Brand owner and have them manufacturer it for you, but you are not the manufacturer. Any product made by someone else for you, you are NOT the manufacturer. If you own that manufacturer, then you ARE the manufacturer.
Ever see the " Made exclusively for etc… " badges on products, they state that because that product brand owner isn’t the manufacturer.
Seller_3N7yVnTXPzLkL
If you are packaging a commodity in your own trade dress with your trademark, you are the manufacture.
You had best become expert in all of the potential regulations (import, safety, etc) and requirements, and the appropriate insurance coverages.
Seller_3N7yVnTXPzLkL
I am by no means an expert.
They are for some and not others.
Usually there is a real manufacturer who is involved when they say distributed by.
I think that the OP will need to take much more responsibility, importing and packaging a commodity.than Kroger does when they buy their private label cereal from Ralston Purina.
Seller_FQlqAmPPQSVkO
It’s 100% up to you, totally.
From what I see, you meet the definition of a legit manufacturer. The packing process is sufficient. The thing is, you can treat the farm as one of your qualified supplier. Your activity such as designing the package, packing procedure and quality check, etc, are also important factor to the overall safety and quality. It takes you maybe $2000 to register on FDA website as a manufacturing facility.
Again, it’s up to you. Private label with the farm’s original FDA documents also work and easy. It’s like you authorized the farm to bag and sell their tea with your Trademark. Totally legit, and cost you virtually nothing.
Take safety in consideration, you should beware of pesticide residue and stuff like that. If you go with private label or as manufacturer, you need to have every batch tested, by yourself or 3rd party, even when it’s not mandatory. Better safe than sorry.
Seller_ncGMwmFZtjttc
Companies can export or import Foods | Dietary Supplements | Alcoholic Beverages | Medical Devices | Medical Apps | Prescription Drugs | Over-the-Counter (OTC) Drugs | Active Pharmaceutical Ingredients (APIs) | Cosmetics | Radiation-Emitting Products | Vaccines, Blood & Biologics | Animal & Veterinary Products | Tobacco Products to or from the United States as long as the facilities that produce, store, or otherwise handle the products are registered with the FDA (Food and Drug Administration), and prior notice of incoming shipments is provided to the FDA.
Your U.S. company importing the tea must be registered with the FDA. Same with the company you are buying from. We do provide this service.
Once your company is registered with the FDA, you will receive a file in PDF format. Simply upload this file on Amazon, and voila!
Seller_ncGMwmFZtjttc
Exporters, Importers, Manufacturers, Warehouses are required to have an FDA REGISTRATION NUMBER.
This number is used to process PRIOR NOTICE to the FDA when shipping any food product to the USA or importing them.
Amazon wants you to upload the PDF file containing your FDA REGISTRATION NUMBER.
Repackaging the tea does not exempt you from having the required FDA REGISTRATION NUMBER. Keep in mind that your seller must also have an FDA REGISTRATION NUMBER. You will need both numbers to file any PRIOR NOTICE to the FDA.
Without FDA REGISTRATION NUMBER and PRIOR NOTICE your food products will be detained by the FDA and U.S. Customs.
Seller_Dh8fmStytaKgM
I grew up in the Food Business.
Doesn’t matter if you are the manufacturer. Your facility should have FDA approval as you are exposing a consumable product to the environment in that facility.
Examples why the facility needs approval: Your workers probably touch some of the tea ( do they wear gloves and are they trained in food safety ), do you have the proper insect and rodent control in the packaging and raw material areas. The list goes on …
Seller_er5dDiKekLESQ
Hey guys. Just wanted to give a quick update. I ended up getting permission to sell in the grocery category by calling myself the manufacturer of the product and provided the FDA information of our supplier. The facility that I am working with ended up becoming FDA Registered for us as well. The important thing to note is that our supplier’s FDA documentation enabled us to sell in the grocery category. Thanks for your help!
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