Michigan direct-to-consumer compliance guide, 2026
Aromatics
Candles, wax melts, sachets, room sprays and fragrance oils sold outside the food rules.
Non-Food: Federal Labeling- Non-foodOutside Michigan Food Law
- 6%Michigan sales tax applies
- MoCRAIf applied to skin
- 0Health claims allowed
YesWhat's covered
- Candles, wax melts and tarts, incense, potpourri and sachets
- Room and linen sprays that are not applied to the body
- Fragrance and essential oils sold for diffusing, labeled for that use
- Retail sale at markets, online and by mail within and beyond Michigan
NoNeeds a different path
- Body mists, perfumes and oils applied to skin: treated as cosmetics (see Body Care)
- Essential oils sold to swallow: food or supplement route, MDARD license
- Any claim to treat anxiety, sleep or illness: unapproved drug claim
- Antimicrobial or insect-repellent claims: EPA pesticide registration
Three compliance steps
- A
Classify the product by how it is used
Burned or diffused means a consumer product. On skin means a cosmetic. Swallowed means food or supplement. Claims change the class, so write the label first.
- B
Label to federal consumer rules
Show product identity, net quantity and your name and address (Fair Packaging and Labeling Act). Add hazard signal words if the oil is a hazardous substance (FHSA), plus burn and fire warnings on candles.
- C
Collect and remit sales tax
Aromatics are not food. Register with Michigan Treasury and collect the 6% sales tax on retail sales.
Quick reference
| Item | Rule | Regulator |
|---|---|---|
| Candles, wax melts | Net weight, identity, your address and burn warnings; ASTM F2058 warning labels are the industry standard | CPSC / FTC |
| Hazardous fragrance oils | Signal word, hazard statement and first aid text when the oil meets the FHSA definition | CPSC (16 CFR 1500) |
| Skin-applied scents | Treated as cosmetics: MoCRA safety substantiation, ingredient list, domestic contact | FDA |
| Therapeutic claims | A claim to treat or cure makes the product an unapproved drug | FDA / FTC |
| Ingestible oils | Food or dietary supplement: needs an MDARD food establishment license | MDARD |
| Retail sale | 6% sales tax on non-food goods | MI Treasury |
Frequently asked questions
Do I need a state license to sell candles?
MDARD licenses food, feed and plants, and a candle is none of those. You still owe sales tax and must follow federal labeling.
Can I say my oil blend relieves stress?
No. Claims about treating a condition turn the product into a drug under federal law. Describe scent and use, not health effects.
What if the spray goes on skin or hair?
It becomes a cosmetic. Follow the Body Care poster, including MoCRA labeling and safety records.
Printable checklist
- Decide: burn, diffuse, apply to skin, or swallow
- Remove every health or cure claim from labels and listings
- Print identity, net quantity, name and address on each unit
- Add burn or hazard warnings that match the product
- Keep supplier safety data sheets for fragrance oils
- Register for Michigan sales tax and charge 6%
- Photograph labels and store with batch records