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

Selling Backyard Chicken Eggs / Backyard Henhouse Eggs in Georgia

The Georgia Egg Law governs the production and sale of eggs. The egg processing facility must be licensed by the Georgia Department of Agriculture unless selling restricted eggs. All eggs offered for sale must be graded by a certified grader and appropriately packaged and labeled in accordance to the Georgia Egg Law and Georgia Food Act, rules and regulations.

Restricted egg producers means that the eggs are

1. being sold from the producer's own flock directly to the consumer (end-user),
2. each sale is for less than 30 dozen eggs and
3. from a flock of less than 3,000.

However, ALL eggs offered for sale must be graded by a certified grader, and appropriately packaged and labeled in accordance to the GA Egg Law and GA Food Act, rules, and regulations. A small scale egg producer is not required to have a food sales establishment license and undergo routine inspections, but the small scale egg producer IS required to abide by State regulations, which include obtaining an egg grader's certificate (or candling license). Again, to be sold, all chicken eggs must be evaluated by a certified grader and appropriately packaged and labeled in accordance with the Georgia Egg Law and Georgia Food Act. To sell eggs to a grocery store, bakery or restaurant, the Georgia Department of Agriculture (GDOA) must license the farmer's candling facility. The no-cost, lifetime certificate is obtained by passing both written and hands-on candling examinations.

Restricted Eggs (Backyard Henhouses)

Restricted eggs include the sale of eggs from a producers own flock at the site of production, on a door-to-door retail route, or at an established place of business owned and managed by the producer and sold directly to a household consumer as the end user. Provided that each such sale of restricted eggs shall be limited to no more than 30 dozen eggs and from a flock of 3,000 hens or less. The eggs shall contain no more loss and/or leakers than allowed in the official standards for U.S. Consumer Grade B shell eggs.

The producers of these restricted eggs will be regulated by the Georgia Department of Agriculture but not required to obtain a Food Sales Establishment License. The eggs must be candled by a licensed candler and follow labeling, transporting, and storing/displaying requirements.

Non-Restricted Eggs (Large Scale producers):

Non-restricted eggs include the sale of eggs from a producer who intends to sell eggs to retail store (not owned and operated by producer), to a restaurant and/or institution, or to a facility/individual for further sale. This type of egg producer will be required to obtain a Food Sales Establishment License with the Georgia Department of Agriculture and must follow all guidelines in this document including the facility restrictions.

Egg Grader's Certificate:

A person must receive an egg grader's certificate (Candling License) to sell both restricted and non-restricted eggs. The individual must pass the written and candling examinations. The information on egg grading classes is available by calling the district office in your area (county where the operation will be located).

Commercial eggs sales in Georgia

The Georgia Dept of Agriculture has Egg Laws and Regulations for dealers, retailers and wholesalers. A dealer is defined as someone who sells more then 5 cases of eggs per week. A case is 30 Doz eggs, or 360 eggs; so a total of 150 dozen eggs a week puts a backyard henhouse into the retail scale. Eggs sold at a location other than a commercial farm are a special case in Georgia.

All chicken eggs must be evaluated by a certified grader and appropriately packaged and labeled in accordance with the Georgia Egg Law and Georgia Food Act. To sell eggs to a grocery store, bakery or restaurant, the Georgia Department of Agriculture (GDOA) must license the farmer's candling facility. The no-cost, lifetime certificate is obtained by passing both written and hands-on candling examinations.

Georgia Egg Grading and Candling Classes and Certification

Before you can legally sell eggs from a backyard flock, you must know how to candle them. The GDOA teach classes on egg candling which are often held at local UGA Extension offices.

An egg candling certification is obtained by completing and passing an Egg Candling Class, which includes a written examination and a hands-on candling examination, which are both administered by GDA representatives. Please see the website's Agriculture Calendar to find out about upcoming classes. Classes are scheduled at various times throughout the state during the year. The recommended study materials to successfully complete the Egg Candling Course include the Georgia Egg Law and the USDA Federal Egg-Grading Manual. For more information, contact:

• North Georgia
  Bradley Brown
  (770) 535-5955
• Middle/South Georgia
  Hayley Pitts
  (229) 386-3489

Or contact your respective District Office to request class information.

If you want to sell your backyard eggs at a farmers' market or flea market, you must first apply for and obtain a licence from the Georgia Department of Agriculture and must follow posted 'local operating rules' for the market. Like all eggs sold in Georgia, the eggs must also have been candled by someone who is officially licensed as an egg candler as provided by the Georgia Department of Agriculture.

Eggs sold at roadside stands and roadside markets located on state or federal highways that cater to transient rather than neighborhood trade must meet state and federal inspection standards and the seller must hold a valid Georgia Department of Agriculture permit. This also apples to the facility from which the eggs were processed

Definitions

• Small-scale producers and sellers of eggs in Georgia are those with 3,000 laying hens or fewer and those selling eggs within the state of Georgia only (not across any state lines). Egg producers who do not meet these criteria may be subject to additional legal requirements
• "Egg" means the shell egg of the domesticated chicken, turkey, duck, goose, or guinea.
•  "Egg handler" means any person who engages in any business in COMMERCE which involves buying or selling any EGGs, as a poultry producer or otherwise, processing any EGG PRODUCTs, or otherwise using any EGGs in the preparation of human food.
• Registration: Any person engaged in business of egg producing or egg handling must register with the Georgia Department of Food and Agriculture (CDFA).
• Restricted eggs include the sale of eggs from a producers own flock at the site of production, on a door-to-door retail route, or at an established place of business owned and managed by the producer and sold directly to a household consumer as the end user. Provided that each such sale of restricted eggs shall be limited to no more than 30 dozen eggs and from a flock of 3,000 hens or less. The eggs shall contain no more loss and/or leakers than allowed in the official standards for U.S. Consumer Grade B shell eggs.

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.

Egg size and grading standards

Egg sizes: Minimum Size or Weight Classes - see the table at right:

 The QUALITY classifications for individual EGGs shall be:

• Grade AA:
  (i) Shell: clean, unbroken, practically normal.
  (ii) Air cell: one-eighth inch or less in depth, unlimited movement, and free or bubbly.
  (iii) Yolk: outline slightly defined, practically free from defects.
  (iv) White: firm, clear.
• Grade A:
  (i) Shell: clean, unbroken, practically normal.
  (ii) Air cell: three-sixteenths inch or less in depth, unlimited movement, and free or bubbly.
  (iii) Yolk: outline fairly well defined, practically free from defects.
  (iv) White: reasonably firm, clear.
• Grade B:
  (i) Shell: clean to slightly stained (but not more than one thirty-second of surface if localized or one-sixteenth of surface if scattered), unbroken, abnormal.
  (ii) Air cell: over three-sixteenths inch in depth, unlimited movement, and free or bubbly.
  (iii) Yolk: outline plainly visible, enlarged and flattened, clearly visible germ development but no blood, other serious defects.
  (iv) White: weak and watery, small blood and meat spots present (but not more than one-eighth inch in diameter aggregate).

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. 

Additional Georgia State Resources

• USDA's Agricultural Marketing Service, Poultry Programs, Shell Eggs (egg grading and certification) - Ph: (202) 720-3271
• Georgia Department of Agriculture Food Safety Division (404) 657-4801
• Brown Eggs, Backyard Flocks & Egg Candling PDF
• The Georgia Egg Law and Supporting Regulations:
• The USDA Federal Egg Grading Manual:
• List of Georgia District and County Contacts

• Basic Regulatory Requirements for Licensing a Small Egg Producer

Additional Resources

• An explanation of grading and sizing eggs is here. Grading information can be found in the USDA's Egg Grading Manual.
• 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)

Regulations

• Rules and Regulations of the State of Georgia
• Georgia Egg Law

Additional Resources

Grading information can be found in the USDA's Egg Grading Manual.

Example: Dekalb County

Just as one example, which can give you a good idea of typical requirements for keeping backyard chickens in Georgia, here are the Dekalb County rules"

I. Keeping of chickens, pigeons.
1. The minimum fenced yard area for chickens shall be twenty-five (25) square feet per hen.
2. Chickens and pigeons must be housed at least twenty (20) feet from any property line, and fifty (50) feet from any residence other than the owner's.
3. Any structure housing chickens and pigeons must be located in the rear yard if a principal building exists.
4. The minimum lot size for the keeping of chickens or pigeons is ten thousand (10,000) square feet. Fenced area for chickens shall comply with the setback requirements for accessory structures. Chickens and pigeons and associated structures and fencing shall comply with relevant articles of Chapters 16 and 18, relating to noise and property maintenance.
5. No roosters are allowed.
6. The maximum number of hens shall be one (1) hen per two thousand (2,000) square feet of lot size.
7. Each coop shall have at least four (4) square feet of floor space per chicken over four (4) months old. For Bantams, a variety defined as miniature, each coop shall have one (1) square foot of floor area per chicken over four (4) months old.
8. Chickens must be kept securely in an enclosed yard or pen at all times.
9. Chickens are only permitted as pets or for egg production; the chickens cannot be kept for slaughter.
10. Composted animal waste can be used as fertilizer for the purpose of enriching the soil of the owner's property.
11. Animals must be kept under sanitary conditions and shall not be a public nuisance.
You should call DeKalb County Zoning Administrator Marian Eisenberg on 404-371-4922 for the latest status. Meantime, DeKalb County continues to enforce the previous ordinances, which classify chickens as livestock, therefore requiring a minimum property size of 2 acres before chickens are allowed.