Legal Representation Requirements for Non-EU Food Supplement Sellers

Challenge

A Canadian entrepreneur wants to sell vitamin gummies through Instagram across multiple EU countries. They plan to set up a French entity and use the One-Stop Shop (OSS) for VAT compliance while expanding to Italy and Spain. Their main concern is finding a legal representative since they’re based outside the EU, particularly with the General Product Safety Regulation (GPSR) requirements for food supplements.

Solution

As a non-EU resident, the entrepreneur cannot act as the legal representative for their French entity. EU regulations for food supplements require an EU-based representative. They have three practical options:

  1. Use their EU manufacturer or fulfillment provider as the legal representative (most straightforward)
  2. Hire a professional representative service in France (ideal for a French entity)
  3. Potentially use a friend in Spain as an EU representative (though not optimal for a French business)

For OSS VAT registration as a non-resident, they’ll need an EU-based intermediary to properly sell across France, Italy, and Spain.

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Thomas

Thomas is the founder of NordicHQ. Get in touch
Business Setup, Compliance & Operations, Corporate tax, Cross-Border Taxation, Industries, Legal Requirements, Market Entry, Tax, Tax Incentives, Technology & IT, VAT

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