Michigan direct-to-consumer compliance guide, 2026
Herbs & Spices
Dry herbs and blends sell under the cottage exemption; health claims move them to supplement rules.
Cottage Food Eligible- $50,000Annual gross sales cap
- Dry onlyHerbs and herb mixtures
- 9Major allergens include sesame
- No claimsWellness claims break the exemption
YesWhat's covered
- Dry herbs and dry herb mixtures
- Dry dip and soup seasoning mixes
- Herbs and spices in breads and oils (dried only)
- Fresh whole herbs sold as live plants under a nursery license
NoNeeds a different path
- Tinctures and capsules: dietary supplements
- Herb products with health claims or dosing
- Oils flavored with fresh herbs or garlic
- Sauces, pesto and salsas
Three compliance steps
- A
Keep products dry
Dried herbs, spices and blends are allowed. Fresh preparations and infusions in oil or water are not.
- B
Describe flavor, not health
Wellness or dosing language makes the product a dietary supplement needing an MDARD license.
- C
Label with allergens
Use the cottage statement, ingredient list and federal allergen wording, including sesame.
Quick reference
| Item | Rule | Regulator |
|---|---|---|
| Dry herbs and blends | Allowed as cottage food | MDARD |
| Dry soup and dip mixes | Allowed | MDARD |
| Tinctures, capsules | Dietary supplement rules; license required | MDARD / FDA |
| Fresh herb oils | Not allowed as cottage food | MDARD |
| Allergens | Federal allergen labeling including sesame | FDA |
| Live herb plants | Nursery license may apply | MDARD |
Frequently asked questions
Can I say turmeric reduces inflammation?
No. That turns the product into a supplement claim and requires a license.
Can I sell fresh-cut herbs?
Whole fresh produce is exempt; chopped leafy items are not on the cottage list. Ask MDARD about specific herbs.
Do I need to label sesame?
Yes. Sesame is a major allergen requiring federal labeling.
Printable checklist
- Confirm all products are dried
- Delete health claims
- Print ingredients and allergens
- Add the cottage statement
- Track sales cap
- Use clean, dry packaging
- Check nursery license for live herbs