In Michigan, the sale of bottled water (in bottles or cans) is regulated through a partnership between two state departments. Essentially, the water source is regulated as a “utility” by one agency, while the final product is regulated as a “food” by another.

In Michigan, the sale of bottled water (in bottles or cans) is regulated through a partnership between two state departments. Essentially, the water source is regulated as a “utility” by one agency, while the final product is regulated as a “food” by another.

​As of January 2026, new licensing requirements and royalty fees have gone into effect for producers.

​1. Regulatory Authorities

• ​EGLE (Michigan Dept. of Environment, Great Lakes, and Energy): Approves the water source (wells, springs, or municipal intake) and oversees water withdrawals.

• ​MDARD (Michigan Dept. of Agriculture and Rural Development): Regulates the bottling plant as a food processing facility and manages product registration and labeling.

​2. Key Requirements for Selling Bottled Water

​To legally sell bottled water in Michigan, you must complete these three primary steps:

​Step A: Source Approval (EGLE)

• ​In-State Sources: You must have your water source inspected and approved by EGLE before distribution.
• ​Large Withdrawals: If you plan to withdraw more than 200,000 gallons per day, you must obtain a specific permit and consult with local government officials.

• ​Out-of-State Sources: If you are selling water bottled elsewhere, you must provide proof that the source was approved by the equivalent agency in that state.

​Step B: Facility Licensing & Registration (MDARD)

• ​Food Establishment License: Your bottling or canning facility must be licensed by MDARD as a food processing plant. This involves a plan review of your facility’s layout and equipment.

• ​Brand Registration: Each brand name must be registered annually with MDARD.
  • ​Fee: $25.00 per brand, per year.
  • ​Renewal: Registrations expire every April 30.
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  • ​New 2026 License: Under recent legislation (HB 6274), as of January 1, 2026, all persons producing bottled drinking water must be specifically licensed for that purpose, separate from a general food license.
  ​Step C: Labeling Rules ​Labels must comply with both FDA and Michigan standards:
  • ​Identity: Must clearly state the type of water (e.g., “Spring Water,” “Distilled Water,” or “Purified Water”).
  • ​Source: Must declare the location of the water source.
  • ​Treatment: Any treatment processes (like Reverse Osmosis or UV) must be disclosed.
  • ​Contact Info: Must include the name and address of the manufacturer or distributor.
  ​3. Financial Obligations (New for 2026) ​Michigan has recently implemented stricter financial requirements for water bottlers:
  • ​Royalties: Effective January 1, 2026, licensed bottlers must pay a royalty of $0.25 per gallon of water bottled.
  • ​Reporting: You are required to submit quarterly reports to the state documenting the total volume of water withdrawn and bottled each month.
  ​4. The “Bottle Bill” (Cans vs. Plastic)
  • ​Carbonated Water: If your water is carbonated (sparkling), it is subject to the Michigan Bottle Bill. You must charge a 10¢ deposit per container, and the container must have the “MI 10¢” refund marking.
  • ​Non-Carbonated Water: Pure, non-carbonated water is currently exempt from the 10¢ deposit requirement. You can sell these in bottles or cans without a deposit, but they are still prohibited from being disposed of in Michigan landfills.