selling of goods

[southernmutha]

I am wondering if any of you all have any advice about selling herbal goods. I am having a difficult time.

Background: I sold my herbal stuff last season at the farmers market. I had salves, chapsticks, 4 thieves, queen of hungary's water, fire cider, topical sprays, teas, and some tinctures. I did all right- at least enough profit to support my desire to soak weeds in alcohol. ;)
Even though I technically didn't need a permit from the county health dept., I went ahead and got one every week to avoid getting hassled by the permit lady at market. Provided I got my permit, I never had any trouble.

My goods are labeled with ingredients, my address and email, and directions. They do not have indications or any curative claims on them. Just the facts. They are also shrink-sealed.

Now that it is time to return to the farmers market, I have been sent a letter that all vendors selling packaged items must get a permit from the ag dept. They want me to use a commercial kitchen to prepare all consumable items. No problem. A pain in the neck, but do-able and understandable.

Here's where things get wacky to me. The guy at the ag dept. tells me that to sell balms, etc.- that's selling cosmetics, and that's regulated and permitted through the FDA. So I call the contact he gives me at the FDA. He asks what all I'm selling and while I have this guy on the phone I go ahead and ask him about the tinctures. He kind of flipped out on me in the kindest way he could. He said he would need a copy of one of my cosmetic labels and tincture labels before I could be permitted to sell. As for the tinctures, he said they would be considered drugs, and although they would review it, I should probably discontinue them.

I by no means misrepresent myself as an herblist at market. I have business cards of a local herbalist at my booth in case anyone asks me for specific herbal advice. I state clearly in my catalog that I just dig on local plants and herbs and like to macerate and percolate. I even have the "the statements in this catalog have not been approved by the fda"...blah blah blah disclaimer.

I am not selling to local stores or even over the internet. I just want to sell my stuff at the market and be a part of my community. I am mad that the FDA has to be involved to sell chapstick at a farmers market. I am mad that I am suspect of selling drugs. Not to mention it's a damn good time and I'll be so so mad if I am not allowed to be a part of it. I'm down in the dumps about it all.