Making Cosmetics in Nevada

[This replaces an earlier post from 2018 which has been archived.]

Nevada is one of the few states that requires cosmetic manufacturers to register, pass an inspection, and pay fees.

The good news is that in May 2025, the Nevada Legislature updated the laws and provided an allowance for cottage cosmetic makers. It goes into effect for administrative purposes (creating the systems and regulations) immediately, and goes into effect generally on July 1, 2027.

Cottage Cosmetic Makers (after July 1, 2027)

Under the new law, a cottage cosmetic maker may make just about any cosmetic in their own home, except for the ones limited by the FDA in the federal definition of a small business cosmetic maker.

Definition: Cottage Cosmetic Maker

A cottage cosmetic maker is defined a natural person who manufactures or prepares cosmetics in his or her home that are offered for sale to a natural person.

The “natural person” distinction is important because it must be a PERSON (not a corporation, partnership, or LLC) AND the sales of the cosmetic(s) must be to other “natural persons” (not to businesses). Note that a “natural person” could still do business under a different name by filing the appropriate paperwork for a fictitious name or “doing business as” registration.

In order to qualify as a cottage cosmetic maker, the gross sales of the cosmetics must be under $100,000 per year. In addition, the person does not manufacture cosmetics that are ingested, injected, applied around the eye area, or intended to be left on for more than 24 hours and removed by a professional.

Definition: Cosmetic

In this bill, the definition of cosmetic is expanded, and means:

1. Bath preparations, including, without limitation, oils, tablets, salts, bubble baths and bath capsules;
2. Fragrance preparations, including, without limitation, colognes, perfumes and powders;
3. Noncoloring hair preparations, including, without limitation, conditioners, rinses and shampoos;
4. Personal cleanliness preparations, including, without limitation, bath soaps, body washes and deodorants; and
5. Skin care preparations for the body and hands, including, without limitation, lotions, salves, balms and skin fresheners.

(It’s nice that they didn’t make the same mistake as Florida where the “cosmetics” defined for the small business exemption is general and unclear.)

Permit

A permit is still required for cottage cosmetic operations. It requires all the basic contact information, as well as a social security number or an individual taxpayer identification number.

Nevada has laws in place that prohibit issuing a business permit or license of almost any kind to a person who is in non-compliance with a child support order. Therefore, as part of the application, you must submit a statement regarding child support (if you are under a child support order and, if so, are you up to date).

A fee may be charged for the permit, but it cannot be more than the amount that it costs the Department to administer it.

As of this writing, the fee schedule and required forms have not yet been issued. They will probably be posted on the Cosmetic Permits website page when they are available.

Inspections

The Department may inspect a cottage cosmetic operation. They may only investigate a cosmetic that may be adulterated or misbranded, or when an outbreak or suspected outbreak of illness is, or may have been, caused by an adulterated cosmetic. You have to cooperate with the Departement for any inpection. If they find that the cottage cosmetic operation did produce adulterated cosmetics or was the source of an outbreak caused by a contaminated cosmetic, the Department may charge and collect a fee for the inspection. The fee cannot exceed the actual cost of conducting the investigation.

Registry

The Department is to set up and maintain a registry of each natural person who holds an active license to conduct a cottage cosmetic operation.

This is important! Having a registry means it is very easy for someone (public, a farmer’s market, or an inspector) to determine if you have not registered and therefore don’t have a permit.

Fines and Civil Penalties

A fine may be imposed for violations of these laws. It cannot be more than $500 for each violation. There is a notice and hearing procedure before a civil penaltiy can be enforced.

Local Zoning Restrictions

No local zoning board, planning commission, or other governing body can adopt an ordinance or regulation to prohibit a natural person from operating a cottage cosmetics operation. However, that doesn’t restrain them from adopting an ordinance that regulates the time, place, or manner of the operation, provided it doesn’t unreasonably restrict or prohibit the cottage cosmetic operation.

Current Law (until July 1, 2027)

Anyone intending to operate a cosmetic manufacturing facility in Nevada must apply for and obtain a permit from the Division of Public and Behavioral Health, Environmental Health Section. According to their Permits: Cosmetic Manufacturing page, you’ll need a “Permit to Operate” (which applies to most any kind of business) and then a “Supplemental Permit” which applies to Cosmetic Manufacturers and others. The application requires a list of all cosmetics being made and their ingredients.

There is a mandatory inspection of the facility. The permit application requires submission of a floor plan of the facility. They are looking at all aspects of good manufacturing practices.

NOTE: One person making handcrafted soap and cosmetics in Nevada informed me that she was told that cosmetics could not be manufactured in a residence, but I didn’t see that in the regulations.

The fee is $300 (annually) for the fiscal year (July 1 – June 30) and may be prorated for the first year and it must be paid when you apply. The fee is not refunded if you don’t pass the inspection or if you voluntarily withdraw your application.

In 2024, a client of mine told me that she was told that she didn’t need to register to make bath bombs in her home because the regulations were intended for large companies. It could be that the person she was speaking with knew about the upcoming changes; or maybe they just didn’t want to deal with her small business.

Your Experiences?

If you have had interaction with the process of getting a cosmetic manufacturers permit in Nevada, please share your experiences in the comments below.