Selling Backyard Chicken Eggs / Backyard Henhouse Eggs in XXX

Eggs sold at a location other than a commercial farm are a special case in XXX.

 

 

Definitions

• Small-scale producers and sellers of eggs in XXX are those with 3,000 laying hens or fewer and those selling eggs within the state of XXX only (not across any state lines).
• Egg producers who do not meet those criteria may be subject to additional legal requirements
• " An “egg handler” means a person engaged in the business of producing, grading, packing, or otherwise preparing shell eggs or pasteurized in-shell eggs for market. This also includes those who engage in the operation of selling or marketing eggs that they have produced, purchased, or acquired from a producer, or which he or she is marketing on behalf of a producer, whether as owner, agent, employee, or otherwise.
• Any person engaged in business of egg producing or egg handling must register with the XXX Department of Food and Agriculture (CDFA).

Egg Storage & Handling Requirements

• Generally, in order to produce and sell eggs, the eggs must be kept at a temperature of 45°F or lower even during transportation. Transport vehicles may exceed the 45°F maximum temperature required when eggs are being loaded or unloaded from the vehicle but even there, safe handling practices expect that precautions will be taken to not siubject the eggs to higher temperatures for long.

Federal Requirements

• The Egg Products Inspection Act (EPIA) (21 U.S.C. Chapter 15) authorizes the USDA to inspect eggs and egg products and establish standards for uniformity of eggs. Under the USDA, the Agricultural Marketing Service (AMS) and Food Safety and Inspection Service (FSIS) regulate eggs.
  However, these requirements only apply to eggs shipped in interstate and intrastate commerce, and it has exemptions for small producers. AMS exempts egg producers from the restrictions and inspections if
  they sell eggs from their own flocks directly to consumers via door-to-door sales or at a place of business away from the site of production and
  they sell fewer than 30 dozen eggs per sale (7 C.F.R. § 57.100(c)).  
  The producer must also own and operate the business and transport the eggs him or herself, and the eggs must meet the standards for U.S. Consumer Grade B shell eggs. (Id.)
  Producers with fewer than 3,000 hens, producers selling directly to household consumers, and egg packers selling on site directly to consumers are also exempt from AMS's regulations (7 C.F.R. § 57.100(d)-(f)).
• The Food and Drug Administration (FDA), under the authority of the Federal Food, Drug, and Cosmetic Act (FDCA) (21 U.S.C. § 341), issues and enforces standards of identity for egg products and requires shell egg producers to implement measures to prevent Salmonella Enteritidis (SE). The FDCA only applies to eggs shipped in interstate commerce (outside of your state).
• Basically, if you have over 3,000 laying hens you must comply with US Food & Drug Administration (FDA) Egg Safety Rule. 

Additional XXX State Resources

Checklist

1. How many chickens do you have?
2. Who are your customers (end user, institutions, processors)?
3.  Where will your sales take place (on or off the premises)?
    On farm sales have fewer regulations, but limit available customers.
   Flock size can impact which regulations apply.
4.  If you plan to sell off the farm:
   Do you have the capacity to grade, candle, and inspect your eggs?
   Have you figured out how to package and transport the eggs?
   Are you responsible for keeping track of and remitting any fees? If so, what is your record keeping system?
5.  Have you obtained the appropriate licenses? You may want to check with local health
   departments in addition to GDA to see if they require other licenses, such as retailers'
   license.

Additional Resources

• An explanation of grading and sizing eggs is here. Grading information can be found in the USDA's Egg Grading Manual. The USDA Federal Egg-Grading Manual, AH-75 can be obtained from
  USDA-AMS Poultry Programs-STOP 0259, 1400 Independence Avenue, SW, Washington, DC 20250-0259 (202-720-3506) at a cost of $5.25 per manual, or
  for free online.
• Guidance Document for Egg Shipments to South Korea
• U. S. Dept. of Agriculture (Poultry)
• American Egg Board
• National Egg Regulatory Officials
• National Egg Quality School (NEQS)
• United Egg Producers (UEP)