Every state has regulations that apply to soap and cosmetics. Most of them follow the FDA regulations pretty closely. However, some have more extensive requirements for cosmetic manufacturers, such as facility registration, permitting, inspections and/or product registration. States that have additional regulations are listed in red below.
A link to the actual agency that oversees cosmetics in the state is provided if I could find it. The regulations don’t change often, but the links do. If you find a broken link, please let me know.
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.
Where I have published any blog posts about the requirements in the state, there are links in the descriptions below.
I am gradually updating the list as I have a chance to review the state regulations.
Department of Health Services see also: Sherman Food, Drug and Cosmetic Act (2006) and California Safe Cosmetics Program. In Sept 2018 California passed two new laws – one requiring a full ingredient declaration on cosmetic products “for professional use only” and the other prohibiting sale of any product or ingredient that has been tested on animals (except that ingredients and products sold prior to January 1, 2020 are exempted.)
See blog post California Cosmetic Regulations Updated for more details.
[updated August, 2018] Oversight of cosmetic manufacturing comes under the Department of Consumer Protection, Drug Control Division. Their page about manufacturers states that registration is required for any business in Connecticut that manufactures cosmetics with the purpose of selling them; there is a link to the registration form. The fee is $285 per year; annual inspections are required.
See blog post Making Cosmetics in Connecticut for additional details and discussion.
[updated February, 2017] 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.
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.
Office of the Govenor Cosmetic statutes generally refer to the FDA FD&C Act
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.
See post Cosmetic Regulations – Louisiana for a more detailed discussion.
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.
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).
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 manufactures” – see section 585.835 of the Nevada Food, Drug and Cosmetic Act.
[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.
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 York StateInformation on cosmetics very difficult (almost impossible) to find.
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.
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.
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)
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”.
State of Vermont Website provides very little data
Board of Pharmacy Regulations state the Board of Pharmacy is over cosmetics, but there is no information on the Board of Pharmacy site about it.
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.
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.
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.