Every state has regulations that apply to soap and cosmetics. Most of them follow the FDA regulations pretty closely, but some have more extensive requirements; Florida, Kentucky and California, in particular.
A link to the actual agency that oversees cosmetics in the state is provided if I could find it, although I notice that these change with some regularity. Some states have excellent websites with lots of data, others do not. If you have questions about your state that you can’t clear up with the links below, give them a call. Usually it’s either the Agriculture or Health Department that oversees food, and cosmetics are usually handled in the same place. Some states use the Board of Pharmacy.
I am gradually updating the list as I have a chance to review the state regulations.
- Alabama: Department of Agriculture & Industries
- Alaska: Corporations – Business & Professional Licenses
- Arizona: Department of Commerce
- Arkansas: Division of Health see also: Arkansas Food, Drug and Cosmetic Act
- California: Department of Health Services see also: Sherman Food, Drug and Cosmetic Act (2006) and California Safe Cosmetics Program. California has additional regulations applying to cosmetic manufacturing and labeling
- Colorado: Cosmetic Manufacturing
- Connecticut:Department of Consumer Protection, Food and Drug Administration. See also: Connecticut Food, Drug and Cosmetic Act (2006)
- Deleware: Division of Corporations
- Florida: [update February, 2015]
Florida is one of the toughest states for cosmetic manufaturers. Licensing is covered by the Business and Professional Regulation, Cosmetic Manufacturer. Cosmetics manufacturing facilities must be registered (and inspected and approved) by the state and products must be registered. Cosmetics may not be manufactured in residence. From what I have seen, the inspection guidelines used are similar to those for a facility manufacturing drugs and expect substantial compliance with good manufacturing practices.
See my blog post on Florida Regulations for more detail. The comments have quite a bit of helpful information.
- Georgia: Govenor’s Office of Consumer Affairs and see also the Georgia Code for Food Drug and Cosmetics. Title 26, Chapter 3 says that the State Board of Pharmacy can make regulations concerning the standards, labeling and adulteration of drugs and cosmetics, but basically the federal regulations apply and take precedence in the case of any conflict. No mention of requiring registration of cosmetic facilities or products that I could find.
- Hawaii: Department of Commerce and Consumer Affairs see also: Hawaii Food, Drug and Cosmetic Act (2006)
- Idaho: Idaho Business Services. see also: Idaho Food, Drug and Cosmetic Act (2006) (Idaho regulations mirror the FDA regulations) and Starting a Business in Idaho
- Illinois: Office of the GovenorCosmetic statutes generally refer to the FDA FD&C Act
- Indiana: Department of Health see also: Indiana Statutes – Regulation of Food, Drugs, and Cosmetics
- Iowa: Dept. of Economic Development see also: Iowa Statutes – Drugs, Devices, and Cosmetics
- Kansas: State Board of Pharmacy see also: Kansas Pharmacy Laws (search for “Cosmetics” in the document)
- Kentucky: State Board of Pharmacy see also: Kentucky Statutes The Kentucky statutes are hard to follow and it is difficult to find pertinent information on the site. One small soap and cosmetic manufacturer reported that regulations required a full inspection of her facilities and that they were required to meet food handling stanards including having a licensed and inspected facility.
- Louisiana: Sanitarian Services – Drug/Cosmetic Manufacturers see also: Requirements For Cosmetic Manufacturers Annual permits and product registrations required. See post Cosmetic Regulations – Louisiana for a more detailed discussion.
- Maine: Department of Economic and Community Development
- Maryland: Department of Business & Economic Development
- Massachusetts: There appear to be only a few laws which deal with making cosmetic products in Massachusettes. They are found in Massachusetts General Laws, part One, Title XV, Chaper 94. Section 186 defines adulaterated cosmetics, and section 187 defines misbranded cosmetics. Both definitions are very similar to the federal definitions. Section 192 gives the authority to enforce to the Massachusetts Department of Public Health. Other than one set of rules (105CMR520) covering labeling requirements, I couldn’t find any other regulations dealing with cosmetics. It appears that Massachusetts essentially follows the federal regulations for cosmetic manufacture.
- Michigan: Department of Agriculture see also: License Requirement – Cosmetics Manufacturer Cosmetic manufacturers are required to be licensed annually.
- Minnesota: Minnesota Business Services
- Mississippi: Department of Agriculture and CommerceScales used to weigh products sold commercially must be certified and commercial products may be tested to ensure the weights and labeling are correct (with fines if not).
- Missouri: Dept of Health & Senior Services see also: Rules for Protection of drugs and Cosmetics Rules are very similar to Federal regulations.
- Montana: Dept of Health &Human Services see also: Montana Food, Drug and Cosmetic Act (Part 4) Rules are very similar to Federal regulations.
- Nebraska: Dept of Economic Development
- Nevada: Bureau of Health Protection Services see also: Nevada Food, Drug and Cosmetic Act (Part 4) Very detailed requirements for establishment and operation of cosmetic manufacturing facilities is contained in the regulations. Fee is $300 per year; annual inspections required. Exemptions are allowed “because of the harmless nature of the cosmetic the licensee manufacture” – see section 585.835 of the Nevada Food, Drug and Cosmetic Act.
- New Hampshire: [updated May 1, 2015]
The Revised Statutes Online which cover cosmetics seem to be primarily Chapter 146: Purity and Branding of Food and Drugs; Immature Veal, specifically Section 146:2, Terms Defined (defines “cosmetic”), Section 146:7 Cosmtic Adulterated, Section 146:8, Cosmetics Misbranded and Section 146:9 False Advertisement. All are similar to the Federal Food Drug and Cosmetic Act (except that at the Federal level, advertising is covered by the Federal Trade Commission).
I was unable to find anything that indicates that there is any special licensing or other regulations applicable to manufacturing or selling cosmetics in the State of New Hampshire.
New Hampshire has adopted the National Institutes of Weights an Measures Handbooks, which are incorporated by reference into the NH Statutes. That means that there are applicable labeling regulations in NH (which are basically the same as the federal regs). It also means that there is a Division of Weights and Measures within the New Hampshire Department of Agriculture, Markets and Food which has the authority to inspect and check scales that are used for measuring items for sale.
- New Jersey: Food and Drug Safety Program see also: Wholesale Food and Cosmetic Project see also: Application for License to Operate a Food-Cosmetic Extablishment Food and cosmetic manufacturing facilities required to be registered. Fee of $150 or more (depending on annual sales.
- New Mexico: Board of Pharmacy
- New York: New York StateInformation on cosmetics very difficult (almost impossible) to find.
- North Carolina: Dept of Agriculture & Consumer Services – Food Program
- North Dakota: Food and Drug Safety Program see also: North Dakota Food, Drug and Cosmetic Act
- Ohio: Food and Drug Safety Program see also: Ohio Pure Food and Drug Law see also: Dept of Agriculture Weights & Measures Pure Food and Drug Law pretty much mimics Federal regulations for cosmetics. See post Cosmetic Regulations – Ohio for a more detailed discussion.
- Oklahoma: Consumer Protection Division
- Oregon: Department of Agriculture see also: Oregon Commercial Scale license
- Pennsylvania: Department of Health see also: Drug, Device and Cosmetic Program Manufacturers, distributors or wholesalers of cosmetics must register. There is a fee, but it is not shown on-line.
- Rhode Island: Department of Health see also: Rhode Island Food, Drugs, and Cosmetics Act Coverage of cosmetics very limited; appears to conform with Federal regulations.
- South Carolina: Department of Agriculture see also: South Carolina Food and Cosmetic Act Very little on-line information
- South Dakota: State of South Dakota
- Tennessee: Department of Agriculture see also: Tennessee Food and Cosmetic Act The code says that the Tennessee Food Drug and Cosmetic Act shall be administered by the State Department of Agriculture, but there is no informationon the Dept of Agriculture pages about it.
- Texas: Department of State Health Services – Drugs and Medical Devices Group see also: Texas Food and Cosmetic Act see also: Texas Administrative Code – Issuance of Certificates of Free Sale (applies to cosmetics) see also: Application for Certificate of Free Sale Texas requires registration of cosmetic manufacturers. There is a $50 fee, plus .10 per product and a $328 inspection fee (annually)
- Utah: Department of Health see also: Application for Certificate of Free Sale Utah code says the department shall establish rules for food, drugs and cosmetics, but they shall be “no more stringent than those established by federal law”.
- Vermont: State of VermontWebsite provides very little data
- Virginia: Board of PharmacyRegulations state the Board of Pharmacy is over cosmetics, but there is no information on the Board of Pharmacy site about it.
- Washington: Department of Agriculture see also: Washington Food, drugs, cosmetics and poisons regulations Regulations say cosmetics are covered by the Dept. of Agriculture, but there is no information on their site about it.
- West Virginia: State of West Virginia
- Wisconsin: State of Wisconsin
- Wyoming: Department of Agriculture, Consumer Health Services see also: Wyoming Food, Drug and Cosmetic Act A director or local health authority may inspect any facility (including a vehicle!) or product and/or review and copy records of movement in commerce.
- Washington DC: Government of the District of Columbia
Please send me an email if you find any additional information about your state. As more information is collected, I may set up a separate page for each state.