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Learn›Industries›Candles and Home Fragrance›Candles›11. The Rules for Candles›State rulesShop all candles →

Does your state add anything to the federal candle rules?

By Dwight Davis, Founder

Updated

On this page6

For most makers, very little. No state licenses or registers candle makers, and label content is set federally. What states add are a handful of topic laws that reach candles only in particular cases: California's Proposition 65 warnings (and only for businesses with 10 or more employees), California's ingredient disclosure law for air care products, state pesticide registration for citronella candles, Minnesota's PFAS reporting law, and the toxics in packaging laws that limit heavy metals in boxes, labels and cartons. The table below gives each one, who it covers, what it requires and its source, with the date it was checked. Where no official source could be read, the row says "not confirmed."

The state rules table

All rows checked October 22, 2026. "Not confirmed" means the point could not be read on the responsible agency's own page or in the law's own text; confirm it with the agency before you rely on it.

RuleWho it coversWhat it requiresSourceStatus
California Proposition 65Businesses with 10 or more employees whose products reach California consumers, including out-of-state sellers; businesses with fewer than 10 employees are exempt from the warning requirementA clear and reasonable warning before knowingly and intentionally exposing anyone to a listed chemical, unless exposure is at or below the safe harbor level. Full detail in the next sectionOEHHA, FAQ for Businesses [1]; 27 CCR 25102(h) as cited there [1]Confirmed on OEHHA's page
California Cleaning Product Right to Know ActManufacturers of designated products sold in California. The statute defines an air care product as "a chemically formulated consumer product labeled to indicate that the purpose of the product is to enhance or condition the indoor environment by eliminating unpleasant odors or freshening the air" (Health and Safety Code 108952(a)) [14]Ingredient disclosure online from January 1, 2020 (ingredients, CAS numbers, function, link to the safety data sheet) and on the label from January 1, 2021 [2] [3]SB 258 (2017), chaptered text [14]; Davis Wright Tremaine, November 11, 2019 [2]; EcoMundo, April 5, 2020 [3]Definition confirmed in the statute, which never uses the word candle. Coverage turns on the label: a candle labeled to eliminate odors or freshen the air may be covered; an ordinary scented candle with no such label claim likely is not. DTSC's own page not reached (search tried again October 22, 2026). Confirm with the Department of Toxic Substances Control or a California attorney
Citronella candles: MaineCitronella candles exempt from federal registration as minimum-risk (FIFRA 25(b)) products, sold in MaineRegistration in Maine for products with 3 percent or more citronella. Candles with no claims or only "soft claims" are registered without efficacy data; explicit mosquito repellency claims still require efficacy data meeting the AAPCO 75 percent thresholdMaine Board of Pesticides Control, proposed policy memo, July 10, 2026 [4]; Board minutes of July 10, 2026, in the August 2026 meeting materials, recording a unanimous motion to accept the proposed policy [5]Confirmed in Board documents. No effective date is stated in either document
Citronella candles: CaliforniaCitronella candles sold in CaliforniaCalifornia exempts some 25(b) products from state registration only if they meet the state's own criteria; DPR's guide says, "If a product does not qualify for exemption in California, it must be registered" [15]. Kohl's separately asks the manufacturer for a "California Registration Certificate" for citronella candles and exempts a candle whose only inert ingredient is paraffin wax [6]California Department of Pesticide Regulation, Section 25b guide, revised October 2022 [15]; Kohl's Test Protocol 100-Z, February 2025 [6]Registration rule confirmed in DPR's guide. The guide does not name citronella candles, so whether yours qualifies for the exemption is a question for DPR. Kohl's paraffin line is one buyer's rule, not the state's
Citronella candles: other statesRepellent candles in any stateA candle claiming to repel pests is a pesticide under federal law unless it meets every condition of 40 CFR 152.25(f) [7]; states may still require registration of exempt products, as Maine does40 CFR 152.25(f) [7]State by state requirements not confirmed. Ask each state's pesticide regulator
Minnesota PFAS in products reporting (Amara's Law)Manufacturers of products with intentionally added PFAS sold, offered for sale or distributed in MinnesotaA report in MPCA's PFAS Reporting Information System for Manufacturers (PRISM) describing the product, the purpose of the PFAS, and the name and amount of each PFAS [17]; a one-time $800 fee, as the law firm reports it [8]. Initial reports were due September 15, 2026; manufacturers granted the one-time 90-day extension (requests postmarked by August 16, 2026) report by December 14, 2026. MPCA says products for sale now but manufactured before July 2023 need not be reported [17]MPCA news release, June 15, 2026 [17]; Beveridge & Diamond, April 16, 2026, citing Minn. Stat. 116.943 and rules adopted December 2025 [8]Deadlines and exemption confirmed on MPCA's June 15, 2026 release; checked October 22, 2026. The fee is as the law firm reports it. Applies to a candle only if a component (a wick coating, label, vessel coating, adhesive) has intentionally added PFAS. Whether importers and distributors count as manufacturers, and annual update duties, not confirmed
Toxics in packagingPackaging and packaging components sold in states that adopted the model lawNo intentional use of lead, mercury, cadmium or hexavalent chromium in any package or packaging component; total incidental concentration of the four capped at 100 ppm. Packaging components include inks, dyes, adhesives and labelsNEWMOA, Toxics in Packaging Clearinghouse page [18]; Minnesota Pollution Control Agency, 2011 biennial report [16]; Printing United Alliance, February 24, 2021 [9]; SGS, February 16, 2021 [10]The Clearinghouse page names the same 19 states with laws and 10 current member states (listed in the section below) [18]; checked October 22, 2026 (page last modified January 10, 2024). Confirm your state's law with its agency
A state candle licenseCandle makersNone found in any stateCPSC lists no licensing requirement [11]No source establishes one. Ordinary business permits still apply; see do you need a license

Proposition 65 in detail

Proposition 65 is California's warning law. For products, it requires a warning when a business exposes people to a chemical on the state's list.

What triggers a warning. A business must give a warning "before knowingly and intentionally exposing anyone to a listed chemical" [1]. No warning is needed when the exposure is at or below the chemical's safe harbor level, such as a No Significant Risk Level for a carcinogen [1].

The small business exemption. "A company is exempt from the warning requirements if they have fewer than 10 employees" [1]. OEHHA, citing 27 CCR 25102(h), says all full-time and part-time employees on the date of the exposure count [1]. A one-person shop is exempt. The day you have 10 people on payroll, including part-timers, it is not.

Out-of-state sellers. Prop 65 "applies to all businesses with 10 or more employees doing business in California," and nothing requires warnings for exposures outside California [1]. An online seller in another state with 10 or more employees who ships to California customers is covered for those sales.

Who gives the warning. The regulations "place primary responsibility for providing warnings on product manufacturers," and retail sellers are responsible for placing and maintaining the warning materials they receive [1]. If a California retailer asks you about Prop 65, it is asking whether you, the manufacturer, have assessed your products.

What the warning looks like. Safe harbor warnings for consumer products include a warning symbol in most cases, a signal word and set content [1]. A short-form warning on a product made on or after January 1, 2028 must name at least one listed chemical for each endpoint; products made and labeled before then may keep the earlier short form [1]. For online sales, the warning must appear on the product display page or otherwise before purchase, in addition to the label [1].

Candle notices are real. Private enforcers send 60-day notices before suing. A notice dated October 16, 2026 alleges lead exposure from a HomeGoods scented candle through hand-to-mouth contact [12]; another, filed January 18, 2024, alleges lead in a satin brass candle snuffer [13]. Both are allegations. Once a notice arrives, OEHHA describes short correction windows for retailers and some businesses [1], so have counsel review any notice the day it arrives.

What a small maker should do. If you have fewer than 10 employees, no Prop 65 warning duty applies to you [1], though a California retailer may still ask for a written statement of your headcount. If you have 10 or more, find out whether any material in your candle, vessel, lid, label or accessory contains a listed chemical (lead in a brass accessory, as in the snuffer notice above, is one example), and get counsel's advice before you choose between testing and warning.

Toxics in packaging and the candle vessel

The model toxics in packaging law and the states that adopted it restrict four metals in packaging and packaging components [9] [10]. The Toxics in Packaging Clearinghouse (TPCH), run through NEWMOA, says 19 states have adopted the model: California, Connecticut, Florida, Georgia, Illinois, Iowa, Maryland, Maine, Minnesota, Missouri, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, Washington and Wisconsin [18]. Its current member states are California, Connecticut, Iowa, Maryland, Minnesota, New Hampshire, New Jersey, New York, Rhode Island and Washington [18]. The list of states with laws matches the Minnesota Pollution Control Agency's 2011 report, though membership has shifted since then: Illinois was a member in 2011 and Maryland was not [16]. The Clearinghouse's 2021 update to the model adds PFAS and ortho-phthalates as regulated chemicals; it says no state has adopted the full update, though some have adopted certain provisions [18].

Boxes, wraps, labels, inks, adhesives and shipping cartons are packaging. Whether a jar or tin that holds the candle while it burns is packaging or part of the product is unresolved; the Clearinghouse page does not address it [18]. Ask the Clearinghouse (its page lists John Fay at NEWMOA, jfay@newmoa.org, as the contact) or your state's environmental agency, and ask your box, label and vessel suppliers for a written statement that their materials meet the toxics in packaging limits. Boxes, wraps and presentation covers the packaging itself.

How to check a state this table does not answer

  1. Pesticide claims: if a candle mentions bugs or mosquitoes, call the state's pesticide regulator, usually in the department of agriculture.
  2. Chemical disclosure or reporting laws: ask the state environmental agency whether any reporting law covers candles or their packaging.
  3. Packaging: ask the same agency whether the state has a toxics in packaging law.
  4. Business permits: the checklist on do you need a license.

Every row reflects the sources cited as of October 22, 2026. Laws in this area change often, so confirm each row with the named agency before you rely on it.

If your candle carries a bug claim

Of all the rows above, the citronella rows are where the law differs most by state. Citronella and bug candles covers the federal minimum-risk conditions and how to word a citronella label.

References

  1. California Office of Environmental Health Hazard Assessment, Frequently Asked Questions for Businesses (Proposition 65), undated, read October 22, 2026. https://www.p65warnings.ca.gov/businesses/frequently-asked-questions-businesses
  2. Davis Wright Tremaine, What's in Your Product? California Cleaning Products Right to Know Act, November 11, 2019. https://www.dwt.com/blogs/energy--environmental-law-blog/2019/11/california-cleaning-products-right-to-know-act
  3. EcoMundo, Cleaning and homecare product compliance in California: what are you required to do?, April 5, 2020. https://ecomundo.eu/en/blog/california-cleaning-product-disclosure-deadlines-explained
  4. Maine Board of Pesticides Control, Proposed Policy Framework for 25(b) Citronella Candle Registration and Soft Claims (memo from Julia Vacchiano, Pesticide Registrar), July 10, 2026. https://www.maine.gov/DACF/php/pesticides/documents2/bd_mtgs/Jul26/4_Proposed_Citronella_Candle_Reistration_Policy.pdf
  5. Maine Board of Pesticides Control, Minutes of the July 10, 2026 meeting (in August 2026 meeting materials). https://www1.maine.gov/DACF/php/pesticides/documents2/bd_mtgs/Aug26/3_Jul26_Min_FINAL.pdf
  6. Kohl's, Private Brands Performance Claims Test Protocols 100, Protocol 100-Z: Candle (including freestanding, taper, tealight, votive, filled and novelty candles), revised February 2025 (candle limits unchanged from 100-Y, February 2023; adds a Hardlines Regulatory Supplement). https://link.kohls.com/content/dam/klink/100-Z-CANDLE.pdf
  7. 40 CFR 152.25, Exemptions for pesticides of a character not requiring FIFRA regulation (Legal Information Institute, Cornell Law School), read October 22, 2026. https://www.law.cornell.edu/cfr/text/40/152.25
  8. Beveridge & Diamond, Minnesota Extends PFAS in Products Reporting Deadline to September 15, 2026, April 16, 2026. https://www.bdlaw.com/publications/minnesota-extends-pfas-in-products-reporting-deadline-to-september-15-2026/
  9. Printing United Alliance, Toxics in Packaging Clearinghouse Issues Updates to its Packaging Model Legislation, February 24, 2021. https://www.printing.org/content/2021/02/24/toxics-in-packaging-clearinghouse-issues-updates-to-its-packaging-model-legislation
  10. SGS, US TPCH updates Model Toxics in Packaging Legislation (SafeGuardS), February 16, 2021. https://eecloud.sgs.com/Article.aspx?n=234
  11. U.S. Consumer Product Safety Commission, Candles Business Guidance, undated, read October 22, 2026. https://www.cpsc.gov/Business--Manufacturing/Business-Education/Business-Guidance/Candles
  12. California Office of the Attorney General, Proposition 65 60-Day Notice 2026-04919 (Environmental Health Advocates, Inc. to Decor-Ware International Inc. and HomeGoods, LLC), October 16, 2026. https://oag.ca.gov/system/files/prop65/notices/2026-04919.pdf
  13. California Office of the Attorney General, Proposition 65 60-Day Notice 2024-00228 (General Wax Co., Inc.; satin brass candle snuffer), filed January 18, 2024. https://oag.ca.gov/prop65/60-Day-Notice-2024-00228
  14. California Legislature, SB 258, Cleaning Product Right to Know Act of 2017, chaptered text (Health and Safety Code 108951 et seq.), via LegiScan, read October 22, 2026. https://legiscan.com/CA/text/SB258/2017
  15. California Department of Pesticide Regulation, A Guide to Understanding Pesticide Registration, Section 25b: Pesticide Products Exempt from Registration, revised October 2022. https://cdpr.ca.gov/wp-content/uploads/2024/08/section25b.pdf
  16. Minnesota Pollution Control Agency, Status of Minnesota's Toxics in Packaging Program, 2011 Biennial Summary Report (John Gilkeson), November 2011. https://www.lrl.mn.gov/docs/2011/mandated/110945.pdf
  17. Minnesota Pollution Control Agency, Groundbreaking reports on PFAS in products are due three months from today (news release), June 15, 2026, read October 22, 2026. https://www.pca.state.mn.us/news-and-stories/groundbreaking-reports-on-pfas-in-products-are-due-three-months-from-today
  18. Northeast Waste Management Officials' Association (NEWMOA), Toxics in Packaging Clearinghouse program page, last modified January 10, 2024, read October 22, 2026. https://www.newmoa.org/programs/packaging-clearinghouse/
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