Minnesota direct-to-consumer guide, 2026
Supplements
Vitamins, herbal capsules, powders, and tinctures.
Licensed Facility RequiredWhat is covered and what needs a different path
What’s covered
- Supplements made in a licensed facility under cGMP
- Supplement Facts labels and truthful structure-function claims
- Hemp-derived cannabinoid products that meet Minnesota limits and age 21 and older
Needs a different path
- Disease claims (cure, treat, prevent)
- Making supplements in a home kitchen for sale
- Hemp edibles over 5 mg per serving or 50 mg per package
Three compliance steps
Use a compliant facility
Supplements are manufactured under FDA cGMP. In Minnesota, the facility needs MDA food licensing.
Label and notify
Use a Supplement Facts panel. Send FDA a notice within 30 days of marketing a structure-function claim. Report serious adverse events within 15 business days.
Charge sales tax and mind cannabinoids
Supplements are taxable. Hemp-derived cannabinoid edibles are limited to 5 mg per serving and 50 mg per package under the MDH sheet, with extra packaging rules.
Quick reference
| Item | Rule | Regulator |
|---|---|---|
| cGMP | 21 CFR 111 manufacturing rules | FDA |
| Claims | Structure-function only; disease claims prohibited | FDA |
| Sales tax | Dietary supplements, herbal supplements, and teas with Supplement Facts are taxable | MN Revenue |
| Hemp edibles | 5 mg per serving, 50 mg per package; child-resistant; 21+ | MDH, OCM |
| Facility licensing | MDA food license for a Minnesota facility | MDA |
Frequently asked questions
Can I make supplements at home?
No. They need cGMP controls and a licensed facility.
Is herbal tea taxed?
Tea with a Supplement Facts label is taxed as a dietary supplement.
Can I sell CBD gummies?
Only under Minnesota’s hemp edible rules and not as a supplement unless FDA allows it.
Printable checklist
- Licensed cGMP facility
- Supplement Facts label
- Structure-function notice filed (30 days)
- Adverse event reporting plan (15 business days)
- Sales tax set up for supplements
- Hemp THC limits if used
Federal cGMP, notification, and adverse event points are federal reference rules.