Regulatory/ Legal issues for selling a chemical direct to consumers?

March 14, 2011 3:33 PM

Can one sell a chemical over the internet if its not a precursor to meth or an ingredient in explosives? What regulatory and legal issues are there?

Is it legal for an LLC to sell a chemical in small quantities (25grams or less) over the internet direct to consumers?

Assume sales tax kept and paid for with seller's permit. Assume also a label that discloses potential side effects from taking it prominently displayed. Also that its effectiveness has not been evaluated by the FDA.

All income taxes would be paid on every cent of profit.

Is it legal? Do you need some sort of permit from the FDA etc?

posted by Twinedog to Health & Fitness (12 answers total)

What do you mean by "a chemical"? Rubbing alcohol is a chemical and you can buy that on easily. In fact a whole lot of cosmetics and whatnot are "chemicals". What exactly are you referring to when you say a chemical?
posted by brainmouse at 3:35 PM on March 14, 2011 [2 favorites]

Lots of chemicals aren't used to make meth or explosives and are still regulated. I don't know how this can be answered without knowing what chemical we're talking about.
posted by J. Wilson at 3:41 PM on March 14, 2011 [1 favorite]

Alfa Aesar is where I get exotic chemicals when I need them. Not sure of the legalities.
posted by FauxScot at 3:44 PM on March 14, 2011

Response by poster: it would be KI for your chemistry majors out there.
posted by Twinedog at 3:44 PM on March 14, 2011

If you're selling it to be used as a drug or supplement, then yes, the FDA will likely want to be involved.
posted by contraption at 3:47 PM on March 14, 2011

If you are selling it internationally (say, to Japan) you might just want to contact a lawyer to find out if there are additional implications.
posted by Houstonian at 3:52 PM on March 14, 2011

It is currently being sold on the internet, so it's probably legal but regulated by the FDA.
posted by Houstonian at 3:57 PM on March 14, 2011

So far as I know, the sale of iodine is regulated.
The DEA started regulating it because it IS used in making methamphetamine. A lab I worked in needed an iodine containing compound and it ended up being a real pain in the neck to get it - lots of forms to fill out.

Go forth and read the DEA stuff. Regulations are always fun.
posted by sciencegeek at 4:42 PM on March 14, 2011

Ok, I've reread the DEA stuff and KI is okay. They are just concerned about other forms of iodine.
posted by sciencegeek at 4:46 PM on March 14, 2011

Be very concerned about shipping methods, folks like UPS will ban your account forever and fine your butt if you violate their regulations.
posted by ~Sushma~ at 8:15 PM on March 14, 2011

Best answer: Assume also a label that discloses potential side effects from taking it

Potassium iodide intended for human consumption is a pharmaceutical and as such its manufacture, transport and sale is regulated by the FDA. There's a difference between selling someone a chemical and selling someone a chemical that they're going to ingest, and you will be on the very wrong side of this difference.
posted by Protocols of the Elders of Sockpuppetry at 12:29 AM on March 15, 2011

Note that sending inside the US will require following one set of rules and that sending international will require a license as well as following more stringent rules.
posted by Dmenet at 1:38 PM on March 15, 2011