What is covered vs. needs a different path
Covered
- Lotions, balms, scrubs
- Soap with cleansing claims only
- Lip balm and bath salts
Needs a different path
- Drug claims (acne, eczema)
- Products with banned ingredients
- Unsubstantiated safety
Three compliance steps
A
Classify
Cosmetic, soap or drug depends on claims made.
B
Small-business check
Small businesses skip registration and listing but keep other duties.
C
Label
Identity, net quantity, ingredients, adverse-event contact.
Quick reference
| Item | Rule | Regulator |
|---|---|---|
| Registration | Exempt if small business | FDA |
| Safety | Substantiation required | FDA |
| Adverse events | Report serious events | FDA |
FAQ
Do I need to register with FDA?
Small businesses are exempt from facility registration and product listing under MoCRA, with limited exceptions.
Do I still need to collect sales tax?
Register with the Kansas Department of Revenue. The state rate on food and food ingredients has been 0 percent since Jan. 1, 2025, but local taxes still apply, and prepared food, alcohol, supplements and non-food items remain taxable (KDOR Pub. KS-1223).
Where do I get help?
Contact the regulator named in the table before you sell.
Printable checklist
- Confirm small-business status
- Keep safety substantiation
- List ingredients in descending order
- Register with Kansas Dept. of Revenue
- Confirm local business or market rules