Legal Requirements for Selling Homemade Candles: Permits, Safety Rules and Labels

Last reviewed: October 12, 2026. This article is general information, not legal advice. Business registration and sales tax rules differ by state, county and city, so check your state's revenue department and your local licensing office before you start selling.

Turning a candle-making hobby into a small business is exciting, and the good news is that the legal side is very manageable. You don't need a special candle license. What you do need is the same groundwork as any small seller, plus a few product-safety rules that apply specifically to candles. This guide walks through the legal requirements for selling homemade candles in the US, in the order most people tackle them.

Short answer: There is no federal license to make or sell candles. You'll usually need to set up the business properly (registration where required, a tax ID, local permits), get a sales tax permit if your state taxes your sales, and follow the Consumer Product Safety Commission's rules, including the ban on lead in metal-cored wicks and warning labels for hazardous substances. Voluntary ASTM standards cover fire-safety labeling, and federal agencies police health and "eco" claims.

Step 1: Set up the business

The US Small Business Administration (SBA) sums up the basics: you'll need to register your business, pay taxes, and get licenses and permits in the place where you locate your business. For a home candle maker, that usually means:

• Choose a structure. If you simply start selling without registering anything else, the SBA notes you're automatically treated as a sole proprietorship. Many sellers later form an LLC to separate business and personal assets.
• Register your name if needed. If you sell under a brand name rather than your own name, you may need a "doing business as" (DBA) registration. The SBA notes a DBA doesn't give legal protection, but it might be legally required.
• Get a tax ID. An Employer Identification Number (EIN) from the IRS is free. The SBA warns against websites that charge a fee for it.
• Check local licenses and zoning. Your business location determines the zoning rules you face. Some cities and counties require a general business license or a home-occupation permit, so check with your local government.

If you're unsure how to handle taxes once sales pick up, our guide on tax attorney vs. CPA explains who does what.

Step 2: Sort out sales tax

In states with a sales tax, retail sales of physical goods like candles are usually taxable unless an exemption applies, but each state runs its own system, so look up the revenue department where you sell. Two examples:

• California. The California Department of Tax and Fee Administration (CDTFA) says that if you are doing business in California and sell tangible personal property that is subject to sales tax at retail, you need a seller's permit. If you plan to sell in one location for 90 days or less, such as a seasonal market, you must register for a temporary seller's permit.
• Texas. The Texas Comptroller says you should apply for a sales and use tax permit if you are engaged in business in Texas and sell or lease tangible personal property in Texas.

If you sell through an online marketplace, check its help pages and your state's rules to see whether the platform collects and sends sales tax for those orders, and keep records of your own direct sales either way.

Step 3: Meet the federal safety rules

Candles are consumer products, so the main federal regulator is the Consumer Product Safety Commission (CPSC). The FDA itself says that some fragrance products, including scented candles and air fresheners, are regulated by the CPSC.

The CPSC's candle guidance highlights three things:

• Lead in wicks. Metal-cored wicks, and candles that use them, must not contain more than 0.06% lead by weight in the metal core. This applies to products made or imported on or after October 15, 2003.
• Certification. If you use metal-cored wicks, you must issue a General Certificate of Compliance (GCC) citing 16 CFR 1500.17(a)(13). The CPSC says there is no certification requirement for candles that use nonmetal-cored wicks, such as cotton or wood wicks.
• Cautionary labeling. Candles that contain a "hazardous substance" as defined by the Federal Hazardous Substances Act (FHSA) must carry cautionary labeling. Under the FHSA, a substance can be hazardous if it is, for example, toxic, an irritant, a strong sensitizer, or flammable or combustible, and may cause substantial injury or illness during customary or reasonably foreseeable handling or use. Ask your fragrance and dye suppliers for safety data sheets, and see the CPSC's FHSA labeling guidance.

Voluntary ASTM standards

The CPSC also lists several voluntary industry standards for candles. They aren't federal regulations, but buyers, retailers and insurers often expect them, and they're a sensible benchmark for a careful seller. They include:

• ASTM F2058, Standard Specification for Candle Fire Safety Labeling (the familiar warnings such as never leaving a burning candle unattended);
• ASTM F2417, Standard Specification for Fire Safety for Candles;
• ASTM F2179, for glass containers produced for candles;
• ASTM F2601, for fire safety of candle accessories.

ASTM standards are sold through astm.org, so read the current version rather than relying on second-hand summaries.

Step 4: Keep your labels and claims honest

What you say about a candle can trigger rules from other agencies.

• Health claims. The FDA says that if a product is intended to treat or prevent disease, or to affect the structure or function of the body, it's a drug. It gives examples of drug claims such as saying a product will "relieve colic, ease pain, relax muscles, treat depression or anxiety, or help you sleep". Describe the scent, not a medical benefit.
• "Non-toxic" and "eco-friendly". The FTC's Green Guides say it is deceptive to misrepresent that a product is non-toxic, and that unqualified general environmental benefit claims are difficult to interpret. If you say "natural", "clean burning" or "eco-friendly", be specific and able to back it up.
• Basic label details. Beyond safety warnings, it's good practice to show your business name and contact details, the product name and scent, and the net weight. Check with your state's weights and measures office whether a net quantity statement is required for your packaging.

Step 5: Protect yourself with insurance

Candles involve an open flame, so think about what happens if a customer claims one caused a fire or burn. The SBA describes product liability insurance as coverage for businesses that manufacture, wholesale, distribute or retail a product, protecting against financial loss when a defective product causes injury. An LLC can also help keep business debts separate from personal assets, though it doesn't replace insurance. For background on how injury claims are proven, see what a plaintiff must establish in a negligence case.

Common mistakes to avoid

• Buying cheap metal-cored wicks without paperwork. Ask the supplier to confirm compliance with the 0.06% lead limit.
• Skipping warning labels. Even where not strictly required, fire-safety warnings in line with ASTM F2058 are expected by customers and retailers.
• Making therapy claims. "Calms anxiety" or "helps you sleep" moves the product into drug territory under the FDA's approach.
• Selling at a fair without a permit. In states like California, short-term sales at one location can still need a temporary seller's permit.
• Assuming home sales are invisible. Local licensing and zoning rules can apply even if you only sell online from your kitchen.

Sources

• 16 CFR 1500.17, Banned hazardous substances: Cornell LII
• CPSC, Candles business guidance: cpsc.gov
• CPSC, Candles FAQs: cpsc.gov
• CPSC, FHSA requirements: cpsc.gov
• ASTM F2417, Standard Specification for Fire Safety for Candles: astm.org
• FDA, Aromatherapy: fda.gov
• FTC Green Guides, 16 CFR 260.10 (non-toxic claims): Cornell LII and 16 CFR 260.4 (general environmental benefit claims): Cornell LII
• SBA, Launch your business (registration, tax IDs, licenses, insurance): sba.gov
• California CDTFA, Permits and licenses: cdtfa.ca.gov
• Texas Comptroller, Sales and use tax permit: comptroller.texas.gov