Short answer
When you import a fragrance oil into the United States, the Toxic Substances Control Act (TSCA) applies unless the shipment is a cosmetic or another excluded product. Fragrance oils for candles, diffusers, cleaning products or resale to makers are chemical mixtures under TSCA: the importer must certify to US Customs that every chemical in the shipment complies with TSCA (a "positive certification"), which in practice means each substance is on the TSCA Inventory or otherwise allowed. Cosmetics are excluded from TSCA, and an excluded shipment that is not clearly identified as such needs a "negative certification" instead. Get the supplier's TSCA statement before the oil ships.
Who has to certify
The US Environmental Protection Agency explains that imports of chemical substances, mixtures, or articles containing them must comply with TSCA to enter the US, and that the importer must certify either that the chemicals comply (positive certification) or, if not otherwise clearly identified as excluded, that they are not subject to TSCA (negative certification). The requirement is in section 13 of TSCA and in Customs regulations at 19 CFR 12.118–12.127.
- The certification is signed and filed by the importer or the importer's authorized agent — usually electronically through the customs broker, in Customs' Automated Commercial Environment.
- It must include the certifier's name, email address and telephone number.
- It applies to chemicals received by mail or courier too, including those imported for research and development.
Positive or negative: which applies to your oil
| What you import | Under TSCA? | Certification |
|---|---|---|
| Fragrance oil for candles, wax melts, reed diffusers, room sprays | Yes — a chemical mixture | Positive |
| Fragrance oil for cleaning products or detergents | Yes | Positive |
| Fragrance oil to resell to makers, end use unknown | Yes, as a chemical mixture | Positive |
| Finished perfume, lotion, soap sold as a cosmetic | No — cosmetics are excluded | Negative, if not clearly identified as an FDA-regulated product in the entry |
| Aroma chemicals and essential oils for your own perfume production | Depends on the intended use; take advice | Positive or negative accordingly |
| Scented candles and other finished articles | Chemicals in articles generally need no certification unless a specific rule requires it | Usually none |
The EPA lists the products that need a negative certification when they are not clearly identified: pesticides; any food, food additive, drug, cosmetic or device; nuclear materials; and firearms and ammunition. Products may count as clearly identified when the entry carries another agency's documentation — for example the entry filing for FDA-regulated products.
What a positive certification means
By certifying positively, the importer states that all chemical substances in the shipment comply with all applicable TSCA rules and orders. For a fragrance oil the practical questions are:
- Is every substance on the TSCA Inventory (and listed as active), or covered by an exemption? Importing a substance that is not on the Inventory is "manufacture" of a new chemical under TSCA and needs a premanufacture notice to the EPA 90 days ahead, unless exempt.
- Do any significant new use rules or orders apply to a substance in the oil?
- Do any section 6 rules restrict a substance in the oil?
You cannot answer these without knowing the composition. A fragrance supplier rarely discloses the formula, so the usual route is a written TSCA statement from the supplier that every component is listed on the TSCA Inventory as active or exempt, and is not subject to restrictions preventing the use. Keep it with the material's documents (SDS and specifications, raw material documentation).
Why it catches small brands
- Fragrance oils from overseas suppliers sold for candle making are a TSCA product, even if the supplier markets the same oil for cosmetics.
- Small parcels by courier are imports too.
- Captive molecules and new materials are the most likely to be missing from the Inventory (captive fragrance molecules).
- Changing the end use — buying a cosmetic-grade oil and using it in candles — changes the regime.
Other import paperwork
- Classification under the Harmonized Tariff Schedule: fragrance oil compounds are generally 3302 (HS codes for perfume and fragrance).
- Dangerous goods: many fragrance oils are flammable or environmentally hazardous for transport (perfume flash point).
- Hazard communication: a fragrance oil sold to workplaces in the US needs an SDS and a label under OSHA's Hazard Communication Standard; see selling fragrance oils to makers.
- CITES for protected naturals such as agarwood or rosewood oil (CITES and perfume materials).
The overview of rules by market, including chemical law outside the US, is in perfume regulations by market and, for Europe, REACH and CLP for fragrance oils. This is general information, not legal advice.
Sources
- US EPA — TSCA Requirements for Importing Chemicals (last updated September 8, 2026): positive and negative certification, who must certify, products needing negative certification, new chemicals; read October 11, 2026.
- eCFR — 19 CFR Part 12, §§ 12.118–12.127 (link format).
Frequently asked questions
My supplier says the oil is "cosmetic grade". Do I still need a TSCA certification?
The grade does not decide it; the intended use of the import does. An oil imported for candles is under TSCA whatever it is called. An oil imported only for cosmetics is excluded, and may need a negative certification.
Who fills in the certification?
The importer of record or its agent, normally the customs broker, using information you provide. You remain responsible for its accuracy.
Does TSCA apply to finished scented candles I import?
Chemicals that are part of articles generally do not require import certification unless a specific TSCA rule says otherwise. Check whether any applies to your product.
Written and reviewed by the RUŌOD Lab team. This article is general education about perfume formulation and record-keeping; it is not legal, regulatory or safety advice, and the examples are illustrations, not validated commercial formulas. How we write and check these guides.