Expert Coaching & Consultation

Hi Vera:

I apologize for the delay.  HSCG had trouble with my experts portal and I could not get into answer until now.  Please forgive the delay.

How long an EO will last in cold process is dependent upon the oil used primarily.  Citrus oils will lose their scent the fastest, no matter the type.  Lemon, Lime, Tangerine, Bergamot....they all will fade usually within 2 - 3 months.  

The less volatile the oil, the longer the scent will stay and there are some that are good for a year or more.  Some that will stay are Lavender, Spearmint, Eucalyptus, Clove, Citronella, Patchouli, Cedarwood, Frankincense.  But it takes at least 5% essential oil in the recipe.  If you use 1 - 2% you will not have a lasting scent. 

Of course the recipe you use will also affect the EO longevity.  If you use heavy butters, like cocoa butter, it can mask EO to a certain degree, reducing the scent. All EO's will have a "slight" scent alteration because of the alkali reaction.  Some EO's actually saponify in soap and others do not. 

So it is a complex answer with many variables.  But overall, with the exception of citrus, you should still be able to detect a scent at 9 months to a year in an EO soap that is made correctly. 

Hope this helps!

Cheers!

Regina Bauscher

Honey Sweetie Acres

Hi Mary!

Thanks for the question.  Because it is a wash-off product, essential oil safety guidelines will allow up to 5%-7% depending on which oil is used.  There are some where more caution and dilution is necessary.  

If you are using any of the citruses however, they have much lighter molecules and are more aromatic.  Aromatic meaning high evaporation rather than more scent.  You will lose the scent much faster in any citrus oil.  It is a fact that we don't like, but have to respect. 

Your recipe will also have an effect.  If you are using any butters that are raw and still have a scent of their own (raw cocoa butter), it can mask the EO scent to some degree. 

Of course, do a test to see if your EO reacts with alkali, because if it does the batch can accelerate significantly, which can challenge you even if the scent is great. 

Some essential oils are simply not meant for soap, either because of cost or because of potential for irritation. 

Let me know if you have any other questions!

Hi Dalila:

When I make soaps with teas and plant extracts, I add them into the lye base and do not use alcohol (we avoid it whenever we can).   For example, instead of plain water in with lye I will use the tea as the entire water replacement.  But I steep the tea to be quite strong if I am using it in soap. 

Extracts are tricky and it depends what it is how it is made. We typically do either a water or an oil infusion, simpler to work with in the soap we have found. Too much glycerin will give you rivers.  I don't know if you are using goat milk or not and if so, that is where you have to watch our using too much glycerin. 

The infused oil will replace all or just a portion of your oils in the recipe.  Therapuetic benefit can be obtained with a lessor amount than trying to get the scent from an infusion alone. 

Does this help?

HI Tami:

Sorry for the delay in responding, I was out of the country for the last two weeks.  I have not experienced the problem you describe with Lemongrass.  A couple things to consider:

1).  Is the Lemongrass batch fresh or is it aged?  With aging can come oxidation and the oil does not perform well in soap once that has happened. 

2).  Did you get a Certificate of Analysis with the Lemongrass?  Lemongrass is frequently adulterated with Citral and you can also get strange results from a high level of that. 

3). Never use Lemongrass above a 5% level in your recipe. 

4). A good fixative is Atlas Cedarwood and/or Balsam Pine, but of course, it will impact the true lemongrass fragrance. 

As I have said I have never had an issue with Lemongrass bars having spots myself, so all that really leaves is the recipe.  If you don't mind sharing your ingredients, I can take a look at that. 

Hi Kris:

Thanks for the note!  It was a published interview between Kevin Dunn and Robert Tisserand and can be found online.  Also in a personal conversation, I had with Kevin he pointed out that a form of saponification was possible and gave the example of the Linalool in Lavender being converted into linalyl acetate, which is the more fragrant compound. So essentials oils can undergo a "change". Saponification is also possible because some essential oils do actually contain plant "FATS", they are not entirely aromatics.  Kevin did not cite any specific research studies on it. Tisserand states that little research has gone into how essential oils react in anything. For example, we don't know how they react when mixed with synthetic fragrances, because there has not been any definitive research on that topic.  Scientists" are more interested in "constituents" because focusing on one ingredient is far less expensive to research.  Constituents that have health benefits are of interest to the medical community.  Sadly, Tisserand is one of the few reliable sources for essential oil research, but he has focused on therapuetic applications and not soap. That was part of the reason for the interview between them. Kevin spent more time directly on soap. 

So to put it simply, any plant "fats" in the essential oils can saponify, but that does not mean 100% of the essential oil will saponify.  Make sense? 

Hope this helps!

Hi Kristen:  I apologize for the delay.  We have been swamped with the production of hand sanitizer. (Go figure). I just saw the alert email on this.  

The answer is, it depends on the type of anhydrous product you are using. Typically 1% is a good amount and most guidelines indicate it will extend the life for 6 months.  I don't count on it for an entire year myself because of the interaction of other ingredients.  We keep test samples of each product and make note of changes in appearance, texture, consistency, smell, etc. over time.  Keeping these is part of Good Manufacturing Practices as you can not always count on a formulation to perform exactly as expected.  Hope this helps!  

Hi Jenna,

At what % of the recipe are you using essential oils?  It somewhat depends on the oil and not all oils are as skin safe as others.  It also depends on the quality of the oil.  Do you require COA's on all your essential oils from your suppliers? 

Due to the nature of soap and the fact that "some" of the EO's are saponified you can use higher than 1-2%, that is why I ask what you are using.

Citrus oils are very difficult to keep the scent "alive".  They are a smaller, lighter molecule so they evaporate faster. Blending them with another citrus does not help very much.  

The heavier the density of the oil, the longer it will last (ie: Patchouli).

Are you doing cold process or hot process? The scent will diminish faster in hot process due to the temperature and increased evaporation rate. 

So there are many factors in getting a scent to remain. Are you using any butters in your recipe?  Butters help retain the EO scent as well.  

Let me know your percentages and your process.  I can offer suggestions.  Thanks for asking!!

Regina Bauscher

Regina@honeysweetieacres.com

Hi Laura:

Thanks for the note.  I recommend staying within the 1.5-3.0% essential oils when adding to liquid castile soap.  This way we avoid any potential skin reactions with customers.  I find this level is aromatic enough without the use of synthetics.  I don't' recommend blending them together although I know many people do.  Essential oils can react very negatively with fragrance oils that have a petroleum origin, and since they have protection as trade secrets, it is hard to find that out. Hope this helps!

Hi Kaycie!

Thanks for the note.  Liberty Naturals appears to have a well developed website covering many regulatory issues.  A Certificate of Analysis is available with each oil.  However, it is incumbent upon you to make sure that the oil will fit your needs by examining the constituents on the COA.  If you are purchasing organic oils, be sure to get a copy of their Organic Certification.  They say they have it, you just want it on file in your business if you use organic oils.  At this point, I do not see any cause for concern.  I have personally never used them, but I would not hesitate to purchase as long as I can get the documents.   Hope this helps!

In big companies, the batch number is included on the label or stamped onto the container when it is filled.  For handcrafters, you have several options...

If you make the labels yourself and only print enough for each batch when it is done, then including the batch number when you print should be relatively easy.  That looks the cleanest.

If you have labels printed in advance and you have room, you can leave a space for the batch number and then either stick on a label with the batch number or write in the batch number.  Keep in mind that if the labels are printed professionally and are on glossy paper or have a UV coating, you won't be able to easily write on the label.

In either case, another option would be to print little stand-alone labels that say "batch number 12345" and stick those on the container/package somewhere.  

Handwriting the batch number is fine, so long as it is readable.  If you are thinking about taking that option, take into consideration whether a handwritten addition to the label would be appropriate for your brand and your selected target customer base.

General rule is that retain samples should be kept for 1 year past the end of the shelf life.

For soaps that can last a pretty long time, I'd say keeping 1 year past the reasonable time that a person would hold on to them or use them should be okay.

Nearly all other cosmetic products - particularly those that could be affected by environment/humidity (bath bombs, bath salts), that contain preservatives (lotions, creams), or that have other potential degradation over time (scent dissipation) SHOULD have an expiration date.  Even if you don't put it on the package (which I would recommend doing), you should have a standard within your GMP. Kep the retain samples 1 year past that date.

You can just use Red 40.  You don' tneed to specify the batch number (that is only necessary for manufacturers who are providing the ingredient, not for consumer products).

I am surprised that you are using lakes in your bath bombs since lakes, by definition, are not water soluable.  

It's Florida Statutes (here: http://www.flsenate.gov/Laws/Statutes/2013/Chapter499/All):

499.01 Permits:  Says "Prior to operating, a permit is required for each person and establishment that intends to operate as: .... a cosmetic manufacturer"

499.012(1)(a) which says "An establishment that is a place of residence may not receive a permit and may not operate under this part."

Cosmetic is defined in 499.003(13)(a): "an article, with the exception of soap, that is intended to be rubbed, poured, sprinkled, or sprayed on; introduced into; or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance."

The cosmetic manufacturing laws apply to making any type of cosmetics, which includes lotions, scrubs, fizzies, lip balm, lotion bars, cream, etc.  It also includes soap that is marketed as a cosmetic (that is, it claims to do more than just clean, such as moisturize, etc.).

If you are manufacturing soap that is exempt from the definition of a cosmetic (which means that it is the alkali salt of fatty acids and is labeled and marketed only as "soap"), then the cosmetic manufacturing laws don't apply. 

The "blended average" is not allowed in the US. That's sort of what the "e" estimated symbol is used for the the EU, but we don't have that option in the US.

The weight on the box is supposed to be the actual and accurate net weight of the product, but there is provision of "reasonable variance" due to evaporation, manufacturing practices, and the like.  But even so, the stated net weight CANNOT be more than the actual weight of the product.

With soap, because of the evaporation issue and the unknown variable of how long it will stay on the shelf until purchased, you'll need to calculate the LOWEST weight it COULD be when the consumer purchases. 

You can make that calculation mathematically by adding up the weight of all the ingredients EXCEPT the water (for the batch and then divide by the number of bars in the batch).

You can also make that calculation empirically by figuring out the longest amount of time until the product is sold, and then measuring the weight of a bar that has been sitting around in a similar environment for at least that long.

Generally the Department or Division of Weights and Measures is the one that has authority over the measurement of what it in a package, and the labeling of the packages.  New Jersey adopted the Uniform Weights and Measures Regulation and the Uniform Weighmaster Law suggested by the National Insitutes of Standards and Technology Handbook 130. The 2019 version can be found here, but according to the NIST website, they adopted an earlier version. So, in answer to your first question, the NJ Weights and Measures does have legal power over soap because it is a consumer commodity.

The New Jersey packaging and labeling regulations, which can be found here (see page 5).  The NJ regulations are easy --- they say to see the NIST Handbook 130, 2018 edition, at IV.A.6 and IV.A.7.   The actual text (as of 2019) can be found here, on pages 63-74.  The key provisions that apply to your question are :

• 6.3: A declaration of the net quantity shall appear on the principal display panel.
• 6.12: Quantity declaration cannot have supplemental statement (such as "miminum" or "when packed")
• 6.15:  The average quantity of contents in the packages of a particular lot, shipment, or delivery shall at least equal the declared quantity, and no unreasonable shortage in any package shall be permitted even though overages in other packages in the same shipment, delivery, or lot compensate for such shortage.

As for the federal regulations for labeling soap - they are found in 16 CFR 500.  The paragraphs applicable here are probably 500.25 and 500.26. 

I hope that helps you work it out with the NJ Weights and measures and your customer.

Generally a Safety Data Sheet is for occupational safety and health.  It's not for the consumer, but to provide safety information for someone that is working with a chemical or substance in a manufacturing type environment. For finished products, you shouldn't need to provide an SDS.  Consider Amazon. They don't require SDS sheets for all of the products they are selling!

If your product is one that the customer is using to make something else, you may need to provide a safety data sheet. Wikipedia has an excellent article on Safety Data Sheets that lays out the requirements SDS sheets (and you can see that they are geared to chemical substances).  

If you are wholesaling a product for retail sale, it may be that you need to educate your customer rather than actually make an SDS for your product.

I am located in Washington State, near Seattle.  At present I don't offer any classes.

The basic CP/HP Soapmaker certification test requires two kinds of math:

First, calculating the right amount of lye. You aren't required to know the SAP values, they are provided.  You just need to know how to do the multiplication and move the decimal point.  But first you need to understand what the SAP value is - and that should explain what needs to be multiplied and why.  My recommendation: study up on what the SAP value is and how it is used.

Second, calculating the amounts of an oil when you have the percentage and the total (or the amount of another oil for which you know the percentage). For these questions, study up on what percentages are and how to use them to caluclate relative amounts.

Until we get more tutorials up on the website, I am sure you can find something online.

If the soap is being marketed and labeled ONLY as soap (that is there are NO claims that it will do anything else such as moisturize or soothe), then the cosmetic ingredient declaration requirements don't apply. In that case, you are free to use whatever terminology you want to describe the product and its ingredients, provided only that the information isn't false or misleading. 

If the soap is being marketed as a COSMETIC, then the cosmetic regulations DO apply. For cosmetics, the ingredients must be correctly identified.  You can list what goes INTO the pot, which would be oils (not "saponified ___"), water, sodium hydroxide and any other additives.  Or you can clist what comes OUT of the pot, which would be the saponified oils - which must be identified as sodium ___ate (ie sodium oliveate, sodium palmate, etc), and the additives.

If you are listing the ingredients for a soap exempt from the definition of a cosmetic in a way that is NOT in accordance with the cosmetic regulations, I suggest present it differently so the consumer doesn't assume to understand it in the same way as a cosmetic ingredient declaration

Your page says that magnewium benefits the body in many ways.  Everything you listed is a physical issue and involves treating, mitigating or preventing disease or altering the function or structure of the body.  That definitely disqualifies it from being a cosmetic.

I don't know if it could be considered a nutritional supplement (since it is topically applied) and nutritional supplements are normally ingested.  IF it does qualify as a nutritional supplement, there are many, many requirements for supplements and limitations on what you can and can't say.  There are also required GMP regulations, facility licensing and approval and other requirements. (Nutritional supplement requirements are a hybrid of the food regulations and the drug regulations.)

Finally, the HSCG insurance doesn't cover nutritional supplements.

You might want to rethink the way you are promoting the product.

There isn't anything specific in the regulations, but there seems to be a general agreement that there should be a certain amount of time to use up old labels.  WORST case is that some inspector is going to tell you that you can't use them; BEST case is that you can use them up quickly, so it's not an issue.  While you are using up the labels, be sure there is a forward or some way for people to get ahold of you if they contact you at the previous business address.

Fizzy Bath Bombs don't have any special labeling requirements UNLESS it would be considered a "foaming detergent bath product".  In that case, it would need a bubble bath warning.  I think if the fizzy is using a surfactant that creates bubbles (not just a citric/soda reaction) then it might be a bubble bath and need the warning.

I would think that a shower steamer would be a cosmetic ... the idea is that the STEAM is coming in contact with the body and doing something.  That's a little different than a room freshener or a potpourri.  To be on the safe side, I'd suggest labeling as a cosmetic (which really means only putting the ingredient declaration on it) ... all other labeling requirements apply either way.

The wording on that website page is a little deceptive.  When they say "market less than $5,000", they actually mean that the company has an annual revenue from organic sales of less than $5,000. The actual code for that is here: https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&&r=SUBPART&n=sp7.3.205.b  - 205.101(a) - which says:

"(a) Exemptions. (1) A production or handling operation that sells agricultural products as “organic” but whose gross agricultural income from organic sales totals $5,000 or less annually is exempt from certification under subpart E of this part and from submitting an organic system plan for acceptance or approval under §205.201 but must comply with the applicable organic production and handling requirements of subpart C of this part and the labeling requirements of §205.310. The products from such operations shall not be used as ingredients identified as organic in processed products produced by another handling operation."

So it is a loophole, just not quite as big as you might have thought.

There is no set of words that is always correct.  It comes down to the intended use - are you saying the product will change the function or structure of the body (that's a drug), or saying that it will just improve the appearance (cosmetic).

"Healing" nearly always implies that it will alter the function or structure of the body somehow.  "Moisturizing" is usually considered to be only surface appearance change.  "Calming" could be a general descriptive word (more cosmetic) ... unless you are referencing calming someone who is in a psychotic rage, or calming in order to overcome insomina, or calming red inflamed areas of the skin. All those would be claims that the product would alter the function or structure of the body (making it an unapproved new drug).

It's not about the actual words themselves, it's about what your consumer thinks your product it intended to be used for after they have read those words.

"Aromatherapy" is a  broad term with no real specific claim.  The FDA is, I think, concerned about the "therapy" part of it.  Within the field of aromatherapy it is very easy to fall over into the therapy part and end up claiming that the product is intended to treat, cure, mitigate, prevent or diagnose a disease or the alter the function or structure of the body (which causes the product to be an unapproved new drug).

The word "aromatherapy" or "aromatherapy oil" is unlikely to be a drug claim on it's own.

Remember though, that the claims for the product don't have to be on the label itself. they could be on any accompanying material including signage, brochures, verbal statements, website copy ... even a book placed on your table in your craft booth.

Good questions!

First, SOAP MAY be exempt from the definition of a cosmetic IF the bulk of it is the alkali salt of fatty acids (lye/oil) AND the detergent properties come from the alkali salt of fatty acids AND it is only marketed and sold as "soap".

Conditioner, shampoo (even "soap" sold as shampoo) and baby wash (even if "soap) are cosmetics.  Soap, if any claims to beautify or improve attractiveness are made, is a cosmetic.

From a professional manufacturer, I would expect a complete list of ingredients for the product, correctly identified according to the cosmetic ingredient dictionary.  "Plant based gel agent 100% paraben free" is not a suitable ingredient name. You can check for the correct name in the Ingredient Lookup on the HSCG website.

From the response you received, I would gather that they purchase some sort of bulk base to which they add additional ingredients, and they may not get all the data or know how to put there ingredients into the correct order.  Not that that makes it acceptable, but it might be understandable.

As you expand your business, my advice would be to ensure that each step in both your business and product development practices is set up in a way that makes it so you can (and do) follow the existing regulations now, and can also expand and still do so. 

As an example, it is legal to sell soap (that is exempt from the definition of a cosmetic) and not put an ingredient declaration on it.  But down the road, what if you want to repackage or remarket that soap in a different way (maybe claiming that it is "moisturizing")?  THEN you would need to have all the ingredients, in compliance with the cosmetic regulations.  If you don't have the correct ingredient declaration, then you would be limited in how you market the product.

For example, if you decide to sell soap that is ONLY soap (and therefore doesn't require

Hand sanitizers and other anti-bacterial products are considered over the counter drugs. they must be manufactured by a licensed and inspected drug manufacturing facility and meet specific requirements (and testing) to verify their effectiveness against multiple different types of microbes. 

As a small manufacturer, you are not qualified nor licensed to make any type of sanitizer for sale to the public. Any product you make cannot be labeled in any way that indicates that it is an antimicrobial of any kind.

There are two parts on the front of the label which often get confused (and often are just plain confusing):  NAME of the product and the INDENITY of the product.

The NAME is what it's called - usually something unique to make it stand out from other products in the same category, or from other similar products by the same company.  Tide laundry detergent.  Kleenex tissues.  It is the name that could, theoretically, get a trademark.

The IDENTITY is what it IS.  Tide laundry detergent. Kleenex tissues. Aveno hand soap. Method dishwashing liquid.

Where it gets a little tricky is that for cosmetics, the FDA says that the name cannot contain an ingredient (if there are two or more ingredients in the product).  So something like "Magic Shea Butter hand cream" wouldn't fly.

Then the FTC (which governs soap that is exempt from the definition of a cosmetic) says that an ingredient can't be included in the IDENTITY of a product unless it's present at "functional amounts" (which is not defined).  

The term "Deer Tallow Soap" could be interpreted to be the NAME or the IDENTITY or BOTH --- depending on how it's presented on the label.

My general suggestion is to skip all the confusion and put the ingredient(s) you want to highlight on the front as MARKETING TEXT --- not part of either the name OR the identity.  This is made up, but:  Woodland Wonders natural handcrafted soap made with Deer Tallow.

• NAME: Woodland Wonders 
• IDENTITY: natural handcrafted soap
• MARKETING: made with deer tallow (could have more explanation or marketing)

The key is to make sure that the marketing text is CLEARLY not part of the name or identity by placement, font, color, etc.  I asked an FDA agent about that and he said "it would be evaluated on a case by case basis - there are no specific standards".

Any statements that the product or the ingredients can/will/might alter the function or structure of the body gives the product the intended use of a drug ... thereby making it an unapproved new drug. If you added those ingredients because of potential benefits that could alter the function or structure of the body, then your original intention for the product was such that it IS an unapproved new drug.  

Only cosmetics can be made without prior approval from the FDA.  I strongly suggest that you review the intended use of your product and the definition of a cosmetic and make sure you stay within the legal limits.  

On the other hand, there is nothing saying you can't include those ingredients --- you just can say that they (or the product) will alter the function or structure of the body.  You could say something along the lines that you have "carefully selected" your ingredients top create the best possible product... but you have to rely on your customers knowing or looking up the benefits somewhere else.

You still need to list all of the ingredient - even if that does make a long label.  The good news is that if you are using the MP for embeds, most of the ingredients in the MP will probably be 1% or less of the whole, so you can list them in any order after the ingredients present at more than 1%. Any any ingredients in the MP that are already in the CP don't need to be additionally listed.

A shampoo bar is a cosmetic and, at a federal level, it doesn't require any pre-approval or official testing before being sold. That said, you obviously are responsible for ensuring that your product is safe to use.

As it is a cosmetic, you can't make any claims that it would treat or cure anything (like dandruff, for example).  Otherwise, there are no real restrictions.

If you are in Florida, or another state that requires cosmetic manufacturers to get registered or licensed, you would need to follow the state regulations for your manufacturing --- but the product itself doesn't require any pre-approval.

An infused oil is a "blended ingredient'.  List the component parts - olive oils and calendula extract. The calendula extract is what is left of the calendula after you take the flower petals out of the oil.

Normally the amount of actual extact is less than 1% of the whole, so it can be listed in any order with other ingredients that are present at 1% or less.  The olive oil would be listed in the order based on the percentage of the olive oil in the whole formulation (in descending order of predominance).

If you decide to add the ingredients to a soap that is exempt from the definition of a cosmetic, the cosmetic regulations don't apply.  That said, you need to make sure that you aren't misleading the consumer in any way.  If the ingredient declaration LOOKS enough like a normal cosmetic ingredient declaration that the consumer expects it to provide the same information, then it might be considered misleading if you omit information.

My personal opinion is that if you are going to place the ingredients on the label in a way that looks like a cosmetic ingredient declaration, then it should be a complete listing of ingredients with the ingredients identified in the standard way. If I were to look at an ingredient listing on a soap and saw that it had wrongly identified ingredients (like "natural colorants" or "FD&C approved colors") ... I'd run. If you're going to list them, why not use the correct names?

By the way, the correct names to list the colors you mentioned are Blue 1 and Red 40 (you don't need to put the "FC&C" or "D&C").

I think whether the soap falls into the cosmetic category depends on what claims you are making for the soaps themselves. If the claims show that the intended use is to beautify or  improve attractiveness, then they would be cosmetics.

If the "spells" are "for entertainment purposes only" then don't think they would be claims for the effectiveness or intended use of the soap.  I am unfamiliar with the requirment for the disclaimer for the spells.

It's a little hard to determine exactly what the MMS  product is.  The Cosmetic Ingredient Dictionary doesn't contain "Triglycerides of Caprylic/Capric Acid" or "Monoglycerides" or "Diglycerides".

The CID does contain "Caprylic/Capric Triglyceride" which is defined as "the mixed triester of glycerine and captylic and captic acids" (also known as fractionated coconut oil).

I would guess that what you are getting from MMS is rosemary leaf extract in fractionated coconut oil (more than 50% coconut oil, based on the placement of the ingredients).  

If that is the case, then your ingredient declaration should list Caprylic/Capric Triglyceride and rosemary leaf extract. You should check with them, though, just to be sure.

Yes - list both in the ingredient declaration, based on their percentage of the whole.

Example: Your formulation calls for 2% of the MMS product. That would end up being 1.5-1.7% sunflower oil and .3-.5% rosemary extract. 

As a note, ingredients present at 1% or more must be listed in descending order of predominance. Ingredients present at 1% or less may be listed in any order following those present at 1% or more. (Makes it easier for ingredients with very small percentages --- you just need to know if it's more or less than 1% in order to place it correctly.)

Manufacturing is probably the right NAICS code category. I wouldn't worry about cross-over on regulation because of the code you choose. There's an excellent article in the HSCG How-To Library - NAICS Codes.

Correct - Lemon Eucalyptus oil is NOT included in the list of "minimum risk pesticides" ... so it is not considered a proven safe pesticide by the EPA.  

The pesticide approval process is a big deal.  You can probably imagine what requirements are if you think about a company inventing, testing, and proving toxicity levels and safety for the plant pesticides you see in the garden department of Lowe's or Home Depot.   There are details on the EPA website for the new pesticide approval process, but I haven't studied up on them.

It would probably be easier to petition for the inclusion of Lemon Eucalyptus oil in the minimum risk pesticide list, but it would still need proof (by scientific study) of effectiveness and safety.  I don't know what the process is for getting items on the minimum risk list is.

For preservatives you need to list all of the ingredients of the preservative - NOT the brand name. So for optiphen, your ingredient declaration would include "phenoxyethanol, caprylyl glycol".

A label can be used on the bottom for the data required on an informational panel (the ingredients, directions and business name and address).  You still need a label on the principal display panel (the front) that gives the name of the product, what it is and the net weight.

You can list the essential oil by exact name ("Lavender Oil") or you can just state "fragrance" (that's your call).

If you are selling your products, you need your "business name" (if you have not registered a business name with your state, then it's your personal name) and your full address (street, city, state and zipcode).  Phone is not required, but there's no reason you can't include it if you want to.

You also need (if you are selling) the net weight (for solid products) or volume (liquid products) on the front of the product.

If there is enough of the essential oils to give a fragrance, you could identify them as "fragrance" in the ingredient declaration.

However, they might actually qualify as incidental ingredients, under definition 1: "A substance that has no technical or functional effect in the cosmetic but is present by reason of having been incorporated into the cosmetic as an ingredient of another cosmetic ingredient."

No, it's not because it's less than 1% of the trace essential oils. It's because the trace essential oils appear to be incidental ingredients to the products you are making with the olive oil. One of the definitions of an incidental ingredient (the one which might fit here) is:

Substances that have no technical or functional effect in the cosmetic but are present by reason of having been incorporated into the cosmetic as an ingredient of another cosmetic ingredient.

Components that meet the definition of an "incidental ingredient" do not need to be included in the ingredient declaration.

Of course, generally incidental ingredients ARE less than 1%, but that's not the reason they can be omitted from the ingredient declaration.

That wouldn't be legit.  It really sounds like they would be considered "incidental ingredients". In that case you just omit them entirely from the ingredient declaration ..  you'd just list "olive oil" (no "certified organic extra virgin" (descriptors shouldn't be included in the ingredient declaration). You can asterisk the olive oil and note below the ingredient declaration as a footnote that it's organic.

Obviously, the best way to determine the shelf life is to get it tested.  There are various tests available, but I can't recommend any particular company to do it.  There are also some 'at home" type test kits available from some suppliers that will give you some data on the stability of the product. Honestly, it's not my area of expertise.  :)

SDS are generally for the ingredients and are intended as information for manufacturers. Completed consumer products don't required safety data sheets. The safety substantiation that is required under MoCRA is a different thing.  

Unfortunately, the requirement for the business name and address doesn't allow aa registered agent or a virtual office address.  You can omit the street address from the label if the street address is included in an online phone or city directory. That might help.