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Thread: Do i need a licence?

  1. #1
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    Default Do i need a licence?

    Do i need a licence to sell e-liquid? If so what type will i need, i will be selling online and im curious.

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    personaly i would look into your states laws on forming an llc
    and laws on ecommerce
    but i am a layman at this, but would like to know

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    Interesting question. I just thought you got a website, a business licence and bata bing your up and selling.

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    I don't know if there is anything particular to the handling and selling the nicotine, but I wanted to start a small internet business for an e-cig accessory that I would make at home. I wanted to do it the legal way, applying for a business liscense, and getting a tax ID. Well, with city codes, just couldn't do it. So, check with your local business liscensing agencies. You might also talk it over with your tax person if you use one. The fines for operating without either a liscence, or tax ID can be pretty stiff. So, good luck. Hope it works out for you.
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    Didn't Al Capone go to jail for a long time for evading taxes ? I would do some research first .

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    Tobacco is heavily regulated. Nicotine isn't, hence the FDA's lawsuit. I don't think you need a license to sell this stuff, but I could certainly be wrong. The best way to find out what you need to do is to call or email your state's attorney general. They will provide you an answer usually in the form of an opinion which will cite either your state's statutes or current on-point case law.

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    Where I live, if you apply for a business license, the county expects you to pay them 1% of your revenue -- not your profits, mind you, but all the money you take in -- regardless of whether you made enough to pay all your other costs. I guess it's kind of like a sales tax, only it isn't limited to products as most sales taxes are. You have to cough up 1% of your sales, regardless of what business you are in.


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    The general answer to this is: no, no license is needed - at present. You must however comply with all local regulations on business operation and taxes. A local accountant is the best person to advise on this.

    In the US, it is worth bearing in mind that the FDA can legally consider your sales as tobacco products now. Although this is not exactly cut and dried, since there are no specific regulations in place, theoretically if you have some sort of problems then this might also come into the equation - perhaps brought in by a zealous city official trying to rack up offences.

    In the UK, you need no license whatsoever to sell any products of this type although you will be subject to materials testing and analysis at the local level by your city / local Trading Standards inspectors. As yet e-cigs etc are not classified in any way except as general sales products.

    This applies even if you only sell online, if you have an office in the UK. The officials in the area your office is located in will visit and take away whatever they want to, and inspect / analyse it. There are regulations that apply to electrical products such as chargers; to packaging of toxic materials (currently called CHIP regs but just about to change to a new system); but nothing at all for e-liquid except general food regs, i.e. no known poisonous contaminants are allowed. They will analyse the liquid. An e-cigarette by itself has no regulations of any sort applicable to it - kind of like a flashlight.
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    Don't forget to look into insurance. e-liquid, by nature, has nicotine in it. Look at covering your behind with some insurance.


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    I'm not sure about the insurance, but once your operation gets big enough, look to incorporate to limit your liability that way.

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