Going Public with our herbal practice-what is required?

[dreamseeds]

I really want to promote my herbal tinctures, teas, oils and herbal lotions and such on a more local manner without being afraid I am going to get sued or that I am not legal.

What says you guys? I could use some good wisdom here:)
I have been flying under the radar for quite some time...
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~Kristena~
http://www.dreamseedsorganics.com
Dreamseeds Organics Blog

[Angieg]

Ya me too! I am also a LMT, have to be real careful, I am not supposed to combine the two technically, (not if I want to be insured) most of the time I say things like, I am not saying this as a LMT, this is just education, bla bla. I would love to know how to proceed as well. I would like to start up a little apothecary out here since The Green Herb Apothecary where I used to work closed. I was lucky someone else owned that and let me do whatever I wanted but it was their store and their responsibility (liability). So I would be giving people chair massage, educating about herbs, nutrition, and vitamins, and after hours I would give full body massage. It was wonderful! I still would probably sell bulk herbs and hold classes on how to make your own remedies. As far as my remedies still be "under the radar" I guess. Also start at an actual location is very spendy out here. If I make my tinctures at home, I would have to certify my kitchen I assume. Basically I have just been helping people when they call and if they want something that I made I give it to them. I am sure this is not legit. Would love to hear how others do it as well. I went to massage school with a guy who made huge batches for other companies, one of the ladies was from Clayton college, I forget her name off the top of my head, so she does not manufacture her own products. We have Eclectic out here, I have taken a tour with the owner, he is a cool guy and he is there daily managing his operations, there is no way I could ever see myself doing something like that (huge warehouse operation) And I could not see myself in a clinical atmosphere with a white coat so to speak. One other option I saw is when I lived at the coast an herbalist won a grant to open a liquor store because of her proposal to make it also an apothecary, and because wheeler was a town of only 300 I guess they really wanted to put a liquor store there, wouldn't that be cool, have your business opening paid for. So she sold liquor and bulk herbs, also gave people education. I guess if you know someone who has a certified kitchen like a chef, that may be one way you could sell your tinctures ligit. The only option I have seen for me is to hold classes, let the students bring their supplies and make remedies. This has been the safest option and give education to my massage clients, give away the tinctures, oils and salves I make to family and friends, usually for trade. That is sort of where I am at.
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Angie Goodloe LMT, Herbalist
http://herbalistpath.blogspot.com/

[dreamseeds]

Yep angie, that is what I mean. I can sell barter or trade with a few folks I have been doing business online with and I even have soem things up on my cart. But I get so nervous about getting popped.
I am just a humble herbalist with a family.

Someone once told me I needed to have a liquor license jsut to do tinctures.

I never want to be a big guy(I dont think I do anyway), but enough to help my husband support our family and be active and present with my children and grandchildren while supporting our own health and herbal passions.

Seems pretty expensive to regulate the lifestyle I love...lol
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~Kristena~
http://www.dreamseedsorganics.com
Dreamseeds Organics Blog

[Angieg]

I never want to be a big guy(I dont think I do anyway), but enough to help my husband support our family and be active and present with my children and grandchildren while supporting our own health and herbal passions.
I know me too! I hate having it in the back of my mind that I could get in trouble, especially the fact that I could be risking loosing my massage license I work so hard for.
Where is your cart? do you have a website?, I love to support others like me, or even do trades. would like to check it out. I know I can make all my own remedies but sometimes I need something now and can't wait the month or so it takes to get the products and make the tinctures. Maybe us small herbalists can support each other, every little bit helps :).
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Angie Goodloe LMT, Herbalist
http://herbalistpath.blogspot.com/

[Angieg]

Duh, just went to your link, nice I will bookmark!
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Angie Goodloe LMT, Herbalist
http://herbalistpath.blogspot.com/

[crabapple]

This is a really big question, and everything is in flux right now, since the FDA just published a "final rule" on "Good Manufacturing Practices" for "dietary supplements." Now, very small "companies" (less than 20 employees) are not required to be in compliance with the rule until 2010, but it is still a wrench in the mix. Especially because it requires paperwork and testing that is really beyond the reach of any small tincture-maker.

There's a bit of a conversation about it in the "Regulation of Herbs" forum here:
http://herbwifery.org/forum/viewtopic.php?t=216

As far as "practicing" goes, I think the safest thing is to teach. If you do one-on-one consultations, make it clear that this is a "private lesson" in herbalism, not a medical appointment. You might draw up a statement for clients to sign that says they understand this. (Though none of this can really protect you if you do things during a consultation that can be defined as "practicing medicine." It's a very slippery situation.)

Some states have "Health Freedom" laws that allow unlicensed practitioners to practice within certain limits. You can check out this website to see if your state is one of them (if it is, you need to find out what the requirements are in your state):
http://www.nationalhealthfreedom.org/
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Rebecca Hartman
Crabapple Herbs: http://crabappleherbs.com/
The Herbwife's Kitchen: http://crabappleherbs.com/blog/

[dreamseeds]

thank you for the info. I am sorry it took so long to get back with you all. A storm messed up our PC for days!
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~Kristena~
http://www.dreamseedsorganics.com
Dreamseeds Organics Blog

[jim mcdonald]

in regards to the legalities of practicing, the herbal patron saint here is Roger Wicke. He worte this up, and its a must read if you're working with clients, or plan on doing that:

www.rmhiherbal.org/a/f.ahr3.rights.html

Read it, reread it, till you get it. You ~can~ practice herbalism legally, but there are things that you cannot say or imply.

My consultations are like what rebecca described: they're personal classes. I repeatedly reiterate that I cannot and do not make claims, diagnose or treat disease. I educate, and encourage them to use the ideas I offer to make their own informed decisions. That is both their right and their responsibility.
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jim mcdonald
~herbalist~
www.herbcraft.org