Can You Sell Your Product Before FCC or UL Certification?
Doing a sales test before going all-in on manufacturing is one of the smartest things you can do.
It gives you real validation: actual customers, actual money, and actual units in people’s hands.
It is the most reliable way to find out if your product will actually sell.
Of course, every entrepreneur “knows” their product will sell, but you really need to prove it.
But here’s the problem.
In some cases, you cannot legally run a real sales test until you have completed full product certification. That process can cost thousands or even tens of thousands of dollars.
It is a frustrating catch-22. You want to prove your product before investing in certifications, but sometimes you need certifications before you can prove your product.
I’m John Teel, a former microchip design engineer who brought my own hardware product to life, and now I help others develop and launch new electronic products.
Not all sales tests are the same.
If you are running a reservation funnel, collecting pre-orders, or launching a crowdfunding campaign, certifications are usually not required. You are not shipping units yet, so the product is not subject to compliance rules.
But if you want to do a retail sales test or ship units to paying customers, that is when things get tricky.
So when are certifications required? And when can you legally test the market without them?
Let’s start with the big one if you plan to sell in the U.S., and that’s FCC certification.
Now, here are the rules.
If your product has a custom radio design, meaning it’s transmitting Wi-Fi, Bluetooth, or any other RF signal using a non-certified, custom-designed radio, then it’s classified by the FCC as an intentional radiator.
And in that case, no, you cannot legally sell your product to consumers before you’ve completed full FCC certification. Not even a small sales test. The rules are strict here.
But what if you’re using a pre-certified radio module with a built-in antenna?
That changes things.
As long as you’re using the module exactly as specified—no antenna changes, no layout violations—then your product inherits that certification, and the FCC generally classifies it as an unintentional radiator.
That means you’re only required to complete a Supplier’s Declaration of Conformity, or SDoC.
This process does not involve filing anything with the FCC. It is self-reported: you conduct the testing, keep the records, and present them only if the FCC requests them.
Technically, even unintentional radiators cannot be shipped until the SDoC process is complete.
You can advertise or offer it for sale—as long as you clearly state that it hasn’t been approved yet and won’t be delivered until it complies.
The FCC also allows evaluation units to be sent out, provided users understand that the units are uncertified and not for resale.
But in practice, when you’re building a product that just uses a microcontroller or a certified module and doesn’t transmit RF directly, a small test run is usually tolerated, especially if it’s labeled as a prototype and you’re not producing high volumes.
That said, it’s still a gray area, and nothing I say should be considered legal advice. You’re technically supposed to finish your SDoC before any public sales. But for early-stage testing with unintentional radiators that are self-reported, enforcement is rare.
Now, let’s switch gears to UL certification, which deals with product safety.
UL certification deals with product safety. Unlike FCC, it is not a legal requirement in most cases.
The big exception is products that plug directly into an AC outlet.
If your product connects to mains voltage without UL or an equivalent safety certification, it is considered a potential hazard. You should not sell these units to consumers under any circumstance, even in small batches. If something goes wrong, you could be legally liable.
So here’s a general rule of thumb for the U.S.:
If your product includes a custom radio that transmits RF: You can’t sell it not even for a small sales test until you’ve completed full FCC certification.
On the other hand, if you use a certified radio module properly: Small-scale test runs are usually fine, but technically still require an SDoC.
For products that plug into a wall outlet: You’ll need UL or equivalent safety certification before doing any kind of sales.
If your product includes a lithium-ion or lithium-polymer battery: Stick with a certified battery ideally one with UL1642 certification.
For products using a custom or uncertified battery pack: That usually requires additional safety testing before shipping to anyone.
And for any lithium battery, even pre-certified ones: UN38.3 testing is required to legally ship by air.
For low-voltage products without RF transmission: You’re in the safest zone for early testing minimal certification requirements in most cases.
Just keep in mind, there are special cases such as products intended for children or medical use which typically require additional certifications, and in many cases, those need to be completed before any kind of sales test.
If there’s any risk of harm to the user, assume the standards will be stricter.
It’s always a balance between staying compliant and moving fast. But knowing where the real boundaries are can help you avoid costly mistakes.
Now, what about outside the U.S.?
Let’s start with Europe. If you plan to sell your product in the EU, you’ll need to comply with CE marking requirements.
Like the FCC, the CE process depends on what your product does.
If your product has a wireless radio or emits electromagnetic interference, then it falls under the Radio Equipment Directive or EMC Directive, and in some cases the Low Voltage Directive for AC-powered products.
But here’s the good news: Europe also allows self-declaration for many products, very similar to the FCC’s SDoC.
That means you create a technical file, test your product usually in an accredited lab and issue a Declaration of Conformity yourself.
You don’t need to submit it to any agency, but you do need to have the documentation ready if requested.
So, for most low-volume electronics, especially if you’re using certified radio modules, you can still do a small sales test in the EU, assuming you’ve done your due diligence and documented compliance.
But again, enforcement and tolerance vary by country.
In Canada, you’ll need to comply with ISED regulations, which are similar to the FCC. If your product has a radio transmitter, it requires certification.
But like in the U.S., if you’re using a pre-certified module, you may only need to meet emissions limits for unintentional radiators, and you can often self-declare compliance.
Other regions have their own rules:
Australia and New Zealand use the RCM mark, and they also allow self-declaration for many categories.
Japan and South Korea have mandatory approvals, especially for anything wireless.
China and India can be stricter, and often require in-country testing or additional documentation, especially for mass production.
So the key takeaway here is: If you’re doing limited early sales, and you’ve used pre-certified modules, then in many regions you can move forward with small-scale testing—as long as you understand the requirements and document your compliance.
But once you’re ready to scale or approach distributors, full certification becomes mandatory, and the risks of skipping it get much higher.
