Minnesota direct-to-consumer guide, 2026

Supplements

Vitamins, herbal capsules, powders, and tinctures.

Licensed Facility Required
21 CFR 111Federal cGMP rule for supplements
30 daysNotify FDA after a structure-function claim
15 daysBusiness days to report a serious adverse event
6.875%Dietary supplements are taxable

What 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

A

Use a compliant facility

Supplements are manufactured under FDA cGMP. In Minnesota, the facility needs MDA food licensing.

B

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.

C

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

ItemRuleRegulator
cGMP21 CFR 111 manufacturing rulesFDA
ClaimsStructure-function only; disease claims prohibitedFDA
Sales taxDietary supplements, herbal supplements, and teas with Supplement Facts are taxableMN Revenue
Hemp edibles5 mg per serving, 50 mg per package; child-resistant; 21+MDH, OCM
Facility licensingMDA food license for a Minnesota facilityMDA

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.