Selling Backyard Chicken Eggs in California - Small Producer Requirements, Laws and Regulations

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Selling Backyard Chicken Eggs / Backyard Henhouse Eggs in California

Eggs sold at a location other than a commercial farm are a special case in California. The key is to determine which of the requirements apply to you; based upon the size of your flock, how many eggs you sell per month and where you sell the eggs. Hygiene, keeping the eggs cool (45 F and below) are important for safety and should be followed even if you are exempt!

First, the general requirements; then the exceptions from them:

General Requirements for Commercial California Egg Handlers

  • LABELING: Consumer-grade packages or containers of eggs must state all of the following: name, address, zip code, quantity, the words “keep refrigerated,” and either the USDA plant of origin code number, the USDA Shell Egg Surveillance number, (if applicable) or California state handler code, sell-by date, *CA SEFS Compliant, *size, *grade, Julian date of pack (the consecutive day of the year that the eggs were packed, in Julian date format. Example - The Julian date for January 1 is 001, the Julian date for December 31 is 365). *Must be printed in font ¼ inch or larger
  • QUALITY: All shell eggs shall be graded and sized. The established grades of eggs are: AA, A, and B. The established sizes of eggs are: pee-wee, small, medium, large, extra large, and jumbo.
  • REFRIGERATION: Shell eggs must be maintained at a temperature of 45° Fahrenheit or less.
  • DEFECTS: Shell eggs for human consumption must not exceed the tolerances for defects such as checks, leakers, dirty eggs, inedible or loss eggs.
  • REGISTRATION: Any person engaged in business of egg producing or egg handling must register with the California Department of Food and Agriculture (CDFA), via
    the Egg Safety and Quality Management (ESQM) Program within MPES    .
  • The within MPES is responsible for the regulatory authority for shell eggs and egg products produced, shipped, or sold in California. Most recently reported figures are for 2013; $24 million in annual revenue. The mission of the ESQM is to ensure that eggs sold in California are of known quality, origin, grade, and size. Pursuant to Food and Agricultural Code Section 27521, ESQM ensures eggs have been properly handled, labeled, transported, refrigerated; and are wholesome and safe to eat. Anyone engaged in the production, sale, or handling of shell eggs or egg products in California must register with ESQM. ESQM personnel inspect shell eggs and egg products at production, packing, distribution, and retail facilities (CCR § 1352a).

Definitions

  • Small-scale producers and sellers of eggs in California are those with 3,000 laying hens or fewer and those selling eggs within the state of California only (not across any state lines). Egg producers who do not meet those criteria may be subject to additional legal requirements If you have over 3,000 laying hens you must comply with US Food & Drug Administration (FDA) Egg Safety Rule.
  • Flocks of 500 hens or fewer: These producers are exempt from Certain Labeling Requirements Size, grade, name and address markings are not required on containers of eggs when sold directly to household consumers without advertising by the producer on the premise where produced from a flock of 500 hens or fewer (CA Code of Regulations Title 3 § 1354.2(a)).
  • "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.
  • "Community food producers" examples: urban farmers, backyard gardens, community gardens, and gleaners. Specifically, a producer of agricultural products on land that is not zoned for agricultural use but is otherwise in compliance with applicable local land use and zoning restrictions, including, but not limited to, restrictions governing personal gardens, community gardens, school gardens, and culinary gardens (California Retail Food Code (Cal Code), Section 113752).
  • “Restricted eggs” means eggs that may be sold directly to consumers by
    an egg producer from their own flock's production,
    at the site of production or segregation, or
    at secondary locations operated by the producer such as a farmers' market booth or farm stand

General Requirements for Backyard Egg Producers

  • A new registration form (with fee) Everyone selling eggs from chickens must register. It also needs to be submitted within 30 days if any registration information changes. As of November 2022, the initial registration fee for egg handling is $75 and the annual registration fee thereafter is $50 (CA Code of Regulations Title 3 § 1358.3). The registration form for egg handlers is here. Complete an Egg Handlers Registration - no exceptions! NOTE: Registration is not required to sell eggs from other species (i.e. ducks, quail).
    Business type:
    - Producers raise the layers and collect the eggs
    - Packers package the eggs for sale
    - Producer/Packers do both - most small farms are this type
  • Locations to sell: Farmer and community food producers may sell unrefrigerated eggs at an outlet or location they control such as a farm stand at the site of the farm or home in the case of backyard chickens (CA Health and Safety Code § 114375(c)(1) and 114376(a)) If you will be selling at a Certified Farmers Market, you will also need to complete a Certified Producers Certificate Application.
  • Limits on sales:  Community food producers" are limited to selling 15 dozen eggs per month (CA Health and Safety Code § 114376(a)(5)).
  • Labeling: Generally, backyard chicken eggs do not need labeling. See exemption #4 below:
    Size, grade, name and address markings are not required on containers or sub containers:
    1. If sold at retail from a properly marked bulk display and packaged in presence of the purchaser
    2. If packed for shipment or in transit to points outside of California
    3. If sold to household consumers without advertising by the producer on the premises where produced, from a flock size of 500 hens or less
    4. If being delivered from outside of the state to dealers for candling and grading
    5. If being delivered to, or in possession of, a dealer for candling and grading
    6. If packed for sale to military forces of the USA, labeled with one of the accepted USDA grades

    If not exempt in 1 to 6 above, Consumer-grade packages or containers of eggs must state all of the following: name, address, zip code, quantity, the words “keep refrigerated,” and either the USDA plant of origin code number, the USDA Shell Egg Surveillance number, (if applicable) or California state handler code, sell-by date, *CA SEFS Compliant, *size, *grade, Julian date of pack (the consecutive day of the year that the eggs were packed, in Julian date format. Example - The Julian date for January 1 is 001, the Julian date for December 31 is 365).
    *Must be printed in font ¼ inch or larger.
  • Sizes and grades:
    Egg grades: The larger the air-cell is, the lower the grade of the egg. The outside appearance also factors into the grade of an egg. Eggs with moderate staining (but not adhering dirt) can be sold as grade B. AA and A grades require a clean, unblemished shell. Dirty eggs cannot be sold to consumers. Eggs classified as “restricted eggs” are exempt from the size and quality (eg Grade AA, A, B) standards for consumer grade eggs. (CA Code of Regulations Title 3 §1356.2).
    Egg Size means the minimum required weight of the smallest egg in the dozen. It does not refer to the volume of an egg or how big it looks. While some eggs in the carton may look slightly larger or smaller than the rest, it is the weight that determines the size indicated on the carton:
    CA Egg Size Standards Grams (min) Ounces (min)
    Jumbo 68.51   2 5/12
    Extra Large 61.42       2 1/6
    Large 54.34   1 11/12
    Medium 47.25   1 2/3
    Small 40.16   1 5/12
    PeeWee N/A       N/A
    CA Code of Regulations Title 3 § 1353.4

    *GRADE: AA, A, B *Shell Egg Food Safety Compliant (or CA SEFS Compliant)
  • Quality: No eggs lower than Grade B shall be sold for human consumption Blood eggs are classified as inedible and cannot be sold for human consumption .
  • Properly labeled restricted eggs (checks and dirts) may be sold directly to consumers ONLY as follows:
    1. By a shell egg producer from his OWN flock's production, AT the site of production or segregation
    2. At secondary locations operated by the producer-packer for the primary purpose of shell-egg retail sales
    3. By a shell egg packer at the grading station where grading or segregation occurred. Proper labeling IS required
    4. Are sold to the final consumer for exclusive use by his or her household and nonpaying guests in quantities not to exceed 30-dozen per sale
  • Advertising, Marketing and other statements: Any advertisement, sign, or placard, which indicates the price of eggs for sale MUST also include the full designation of size and grade.
    Superlative descriptions or other amplifications of grade or size are not permitted on containers (examples include “fancy” “Select” “Superior” “Premium” “giant” etc…)
    Descriptive terms such as “polyunsaturated” “higher in iodine” etc… must be approved by CDFA through laboratory analysis .The terms “organic” or organically produced” are allowed only if the producer is licensed as an organic producer by CDFA
  • Eggs labeled “fertile” must be at least 85% fertile.
  • Polyunsaturated eggs (to be so labeled and advertised) must contain at least 2% polyunsaturated fatty acids
  • Record Keeping Requirements - All egg handlers must maintain business records for egg transactions for three years, subject to audit by CDFA. The records should include the date, egg quality, quantity, and identity of purchaser and seller. The name of purchaser is not required for eggs sold directly to end consumers.
  • Space Requirements for Chickens: CA Code of Regulations Title 3 § 1350 Shell Egg Food Safety (SEFS) requirement that applies to all egg producers, including those with less than 3,000 laying hens is a bird enclosure space requirement as follows:
    Number of Chickens Required minimum square inches of space per chicken
    1 332
    2 205
    3 166
    4 146
    5 135
    6 127
    7 121
    8 117
    9 or more 116

 

Storage & Handling Requirements

  • Temperatures: Eggs must be held under refrigeration in rooms kept at 45°F or below from the time of packing until sale to consumers This includes during transportation. Transport vehicles may exceed the 45°F maximum temperature required when eggs are being loaded or unloaded from the vehicle (CA Code of Regulations Title 3 § 1358.5).
  • At Farmer's Markets: Raw shell eggs may be stored and displayed without refrigeration at a certified farmers' market if all of the following conditions are met (CA Health and Safety Code § 114373):
    1. The eggs were produced by poultry owned by the seller and collected on the seller's property.
    2. The eggs are not placed in direct sunlight during storage or display
    3. Retail egg containers are prominently labeled "refrigerate after purchase" or the seller posts a conspicuous sign advising consumers that the eggs should be refrigerated as soon as practical after purchase
    4. Retail egg containers are conspicuously identified as to the date of the pack
    5. The eggs have been cleaned and sanitized
    6. The eggs are not checked, cracked, or broken
    7. Any eggs that are stored and displayed at temperatures of 90°F or below and that are unsold after four days from the date of pack shall be stored and displayed at an ambient temperature of 45°F or below, diverted to pasteurization, or destroyed in a manner approved by the enforcement agency
    8.8. Any eggs that are stored and displayed at temperatures above 90°F that are unsold after four days from the date of pack shall be diverted to pasteurization or destroyed in a manner approved by the enforcement agency
  • Inspection Eggs are subject to inspection at any time at production plants, wholesale warehouses, retail facilities and farmers' markets. Inspectors from CDFA can seize varying numbers of eggs from a producer to test for food safety. CA Code of Regulations Title 3 §1350 provides a chart of designated sampling size requirements for inspection.
  •  Inedible eggs (diffused blood, leakers, incubator rejects, rots, etc…) are unfit for human consumption and MUST be denatured, labeled and either disposed of or used for animal foods or industrial products only.

Federal Requirements (apply in all states)

  • If you have over 3,000 laying hens you must comply with US Food & Drug Administration (FDA) Egg Safety Rule. 

Contact information for questions

Egg Safety and Quality Management Program
1220 N Street
Sacramento, California 95814
Telephone: (916) 900-5062
Fax: (916) 900-5334

Complaints and Inquiries:
Email to: CDFA.ESQM_Inquiries@cdfa.ca.gov

 

Frequently Asked Questions and Answers (CA Egg FAQs)

See this page for California egg producer egg FAQs.

 

Additional California State Resources

Additional Resources

 

  

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