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The state-by-state answer

Updated

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The state layer in cosmetics is thinner than in food, and the parts that exist matter disproportionately because they are easy to miss.

Why this list is short

There is no equivalent of the cottage food patchwork. Cosmetics are regulated federally on labeling, safety and, under MoCRA, registration and listing. Most states add business licensing and little else that is cosmetic-specific.

So the state-by-state research that dominates a food business is a much smaller exercise here, which is good news arriving with one significant exception.

The three questions

One: does my state require a cosmetic manufacturer or establishment registration separate from a general business license.

Two: may cosmetic manufacturing happen at a residential address under local zoning and occupancy rules.

Three: does my state have ingredient reporting or warning requirements of its own.

Three questions, asked of the state health or public health department and the local planning authority.

California is the one to check

Whether or not you are there. Its ingredient reporting requirements and Proposition 65 warning regime apply to products sold into the state, and an online brand sells into California by default.

Treat it as a requirement you have unless you have deliberately excluded the state, which almost nobody does.

Where to look

Your state health department for cosmetic-specific rules, your local authority for zoning, and the FDA's own small business and homemade cosmetics material for the federal baseline.

Get answers in writing where you can. The federal position is well documented and stable; the state and local layer is the part that is answered verbally and then forgotten.

References

No published source. This page is written from practice rather than from published guidance. No extension service or agency publishes on this question for skincare, so nothing here is cited, and it should be weighed as experience and not as a standard.
Written from published standards and peer-reviewed work, not from a laboratory of our own. Your own challenge and stability results, your supplier's specifications and a qualified safety assessment override anything general said here. Nothing on this site is a safety substantiation.