Can I sell eggs in Alaska?

Do I need a license to sell eggs in Alaska?

Two texts speak to an own-flock sale direct to the person who will eat the eggs, and neither names a license for it. The Shell Egg Regulations say “Eggs produced in Alaska shall be exempt from the grading and labeling requirements of this chapter when sold by the producer direct to the consumer” (11 AAC 32.170(c)). A “producer” there is “a person, firm, or corporation selling no eggs other than eggs produced by his or its own flock,” and a “consumer” is “any person who purchases eggs for his or her own family use or consumption” (11 AAC 32.190(13), (3)). The regulations set no license for a producer in the articles read.

The homemade food law is the second. It says “Except as otherwise provided in AS 17.20.332 — 17.20.338, a homemade food produced, sold, and consumed in compliance with this section is exempt from state labeling, licensing, packaging, permitting, and inspection requirements” (AS 17.20.332(a), the range printed as the Legislature’s page prints it). The sale “is only for personal consumption,” and “personal consumption” is “the use or ingestion of food by a buyer, an employee of the buyer, or a nonpaying guest of the buyer of homemade food” (17.20.332(b)(1), 17.20.338(9)). It “must occur in the state at a farmers’ market, an agricultural fair, a farm, a ranch, the producer’s home or office, the retail location of a third-party seller, or a location agreed on between the producer and the buyer,” and may not involve “interstate commerce” or the purchase or sale of meat or meat products (except as (h) provides), “seafood,” “a controlled substance,” “oil rendered from animal fat” or “game meat” (17.20.332(b)(2), (3)). It names eggs: “The seller of a potentially hazardous homemade food, except eggs, must also be the producer of the homemade food. The seller of eggs or a homemade food that is not a potentially hazardous homemade food may be the producer of the item, an agent of the producer, or a third-party vendor, including a retail shop or grocery store, as long as the sale is made in compliance with this section and all applicable federal and local laws” (17.20.332(f)). The Legislature passed it as HB 251, chapter 34, SLA 2024, signed 2024-08-24.

The Division of Agriculture’s posted Extension publication, written with the Department of Environmental Conservation, lists under “Regulations for Egg Sales” “No regulations” for a sale “From the producer direct to consumer (on-farm sales, farmers market sales by producer, or roadside stand sales by producer” (the parenthesis is left open in the table), and the Alaska Food Code and the Shell Egg Regulations for a sale “From the producer to an intermediary* (not final consumer),” where the note says an intermediary is “Someone other than the producer who sells the eggs at the farmers market, a repacker or a retail store.” It is a 2011 publication, before the 2024 law.

Things the sources leave open. First, “homemade food” is defined as “a food or drink that is prepared or processed in (A) a producer’s private home kitchen; or (B) a private or commercial kitchen leased to a producer” (17.20.338(6)), and a “producer” as “a person who grows, harvests, prepares, processes, or makes and packages meat or homemade food on the person’s owned or leased property” (17.20.338(11)). No source read says whether an egg from a coop is prepared or processed in a kitchen, though subsection (f) names eggs, and none says whether a shell egg is a “potentially hazardous homemade food,” which is “food or drink that requires time or temperature control for safety to limit pathogenic microorganism growth or toxin formation” (17.20.338(10)); (f)’s “except eggs” leaves that unanswered too. Quoting the definitions does not settle either question.

Second, the law keeps its limits: “Nothing in AS 17.20.332 — 17.20.338 (1) prevents the Department of Environmental Conservation from (A) conducting inspections necessary to investigate reports of (i) foodborne illness or food-caused injury or death; (ii) unsafe sanitary practices; or (iii) misbranded or adulterated food; (B) condemning and ordering the destruction of misbranded or adulterated food; (C) ordering the cessation of a practice or procedure of a producer that is unsafe, unsanitary, or otherwise a risk to public health; (D) regulating food or an establishment that is not exempt under AS 17.20.332 — 17.20.338; or (E) providing assistance, consultation, or inspection at the request of a producer; (2) exempts a person from (A) applicable federal and local laws, regulations, and ordinances regarding food; or (B) brand inspection requirements under AS 03.40.250 or animal inspection requirements under AS 03.05.040” (17.20.336). A borough, city or health ordinance was not read. Third, the Department’s own egg page and the Alaska Food Code (18 AAC 31) sit behind a bot check and were not read. Ask the Department of Environmental Conservation and the Division of Agriculture.

Source: AS 17.20.332 to 17.20.338, HB 251 (chapter 34, SLA 2024), 11 AAC 32.110 to 32.190 and Safe Egg Handling for Small Egg Laying Flocks and Operations (LPM-00344).

How many eggs can I sell without a license in Alaska?

No hen or dozen line appears in AS 17.20.332 to 17.20.338 or in 11 AAC 32.110 to 32.190, so none limits the direct sale and none is printed here. The two lines the sources do draw are for other things. The Extension publication says “Individuals with fewer than 3,000 laying hens are exempt from mandatory USDA facility registration and inspections,” which is the federal egg safety line, not a limit on selling. The Division of Agriculture’s 2014 farm-to-restaurant sheet says “Any operation with over 5,000 hens must have an onsite egg grader,” a line for a graded operation.

The homemade food law sets no size line on a producer, and the sources read say nothing of one. Whether a flock large enough to be a business stays inside the exemption is not said. Ask the Division of Agriculture.

Source: AS 17.20.332 to 17.20.338, 11 AAC 32.110 to 32.190, Safe Egg Handling for Small Egg Laying Flocks and Operations (LPM-00344) and Division of Agriculture, Farm to Restaurant fact sheet.

Can I sell eggs at a farmers market in Alaska?

The homemade food law names it. A sale “must occur in the state at a farmers’ market, an agricultural fair, a farm, a ranch, the producer’s home or office, the retail location of a third-party seller, or a location agreed on between the producer and the buyer” (AS 17.20.332(b)(2)). A “farmers’ market” is “a common facility or area where several vendors may gather on a regular and recurring basis to sell fresh fruits and vegetables, locally grown farm products, and other agricultural products and items directly to buyers” (17.20.338(4)). The Shell Egg Regulations exempt eggs from grading and labeling “when sold by the producer direct to the consumer” (11 AAC 32.170(c)), and the Extension publication lists “farmers market sales by producer” under “No regulations.” It puts a sale by “Someone other than the producer who sells the eggs at the farmers market, a repacker or a retail store” under the Alaska Food Code and the Shell Egg Regulations.

The law does not exempt a seller from “applicable federal and local laws, regulations, and ordinances regarding food” (17.20.336(2)(A)). A health permit or license for a market stall, and a market’s own rules, are in the Department of Environmental Conservation’s pages and a borough’s or city’s rules, none of which could be read. The Extension publication advises “mechanical refrigeration, such as a small refrigerator or plug-in cooler, if possible” at a market or roadside stand, which is advice and not a rule.

Selling by online request and pickup: a sale may occur at “a location agreed on between the producer and the buyer” (17.20.332(b)(2)). The sale “is only for personal consumption” (17.20.332(b)(1)) and “may not involve (A) interstate commerce; or (B) the purchase or sale of (i) meat or meat products, except as provided in (h) of this section; (ii) seafood; (iii) a controlled substance; (iv) oil rendered from animal fat; or (v) game meat” (17.20.332(b)(3)). No source read says whether a directory listing, a price shown per dozen or an online request for pickup changes the sale. Ask the Department of Environmental Conservation.

Source: AS 17.20.332 to 17.20.338, 11 AAC 32.110 to 32.190 and Safe Egg Handling for Small Egg Laying Flocks and Operations (LPM-00344).

Can I sell eggs to a restaurant, a store or someone who resells them in Alaska?

The sources part, and this page does not settle it. The homemade food law lets the seller of eggs be “a third-party vendor, including a retail shop or grocery store” (AS 17.20.332(f)), and a sale “must occur” only in the places it lists, among them “the retail location of a third-party seller” (17.20.332(b)(2)). Yet it also says “Except for raw, unprocessed fruits and vegetables, a homemade food may not be sold or used in a commercial food establishment” (17.20.332(c)), and a “commercial food establishment” is “the premises where an activity related to the display, packaging, preparation, processing, sale, salvaging, service, storage, transportation, or vending of food for human consumption that is not exempt under AS 17.20.332 — 17.20.338 occurs; ‘commercial food establishment’ does not include a kitchen in a private dwelling, or a kitchen in a vessel used solely as a private dwelling, where homemade food is prepared only for personal consumption” (17.20.338(2)). A sale is “only for personal consumption,” meaning use “by a buyer, an employee of the buyer, or a nonpaying guest of the buyer” (17.20.332(b)(1), 17.20.338(9)); no source read says whether a restaurant serving eggs or a store reselling them is that. A retail space that sells homemade food “shall prominently display a sign indicating that the homemade food was made in a home kitchen, may contain allergens, and is not, except for meat and meat products permitted under (h) of this section, regulated or inspected,” and homemade food at a retail location or grocery store “may not be displayed or offered for sale on the same shelf or display as inspected food.” “If a retail space selling a potentially hazardous homemade food is in any way associated with a commercial food establishment or offers for sale any inspected food, the retail space shall (1) maintain physical separation from the commercial food establishment with a separate door and separate cash register or point of sale; (2) display signs or other markings clearly indicating which separate spaces offer inspected foods and which offer uninspected foods and meat and meat products permitted under (h) of this section for sale; (3) maintain separate coolers, freezers, warehouses, or other storage areas to prohibit the intermingling of inspected foods with uninspected foods and meat and meat products permitted under (h) of this section; and (4) comply with any other requirements specified by the Department of Environmental Conservation relating to homemade food” (17.20.332(d)). Whether a shell egg is a “potentially hazardous homemade food,” so that this condition applies, is the open question on the license answer.

The Shell Egg Regulations exempt only a sale “by the producer direct to the consumer” (11 AAC 32.170(c)), and a “consumer” buys eggs “for his or her own family use or consumption” (11 AAC 32.190(3)). A “distributor” means “any person, firm, or corporation offering for sale or distributing eggs in the state to a retailer, cafe, restaurant, or any other establishment offering for sale to the public or to an institutional user and shall include any person, firm, or corporation distributing eggs to his or its own retail outlets or stores but shall not include any person, firm, or corporation engaged only to haul or transport eggs” (32.190(6)). Shell eggs sold for “general consumption,” which means “shell eggs destined for sale to the general public either through stores, restaurants, mess halls, or in any other manner” (32.190(8)), are covered by 11 AAC 32.110(a), which reads in full: “All Alaska produced shell eggs sold, displayed, offered for sale, or for shipment within the state for general consumption, shall conform to one of the Grade and Weight classes as stated in 11 AAC 32.120, and shall be labeled to conform with 11 AAC 32.130.” Whether 32.170(c) or the homemade food law governs an egg sold to a store or restaurant is not said in any source read.

The Division of Agriculture’s Farm to Restaurant sheet (printed “July 2014”; its file was made November 26, 2014) says “restaurants must buy their food from an ‘approved source’” and then both “Alaskan farms are considered an approved source” and “An approved source is defined as a food establishment or facility that is permitted or certified by the federal, state, or local government agency with jurisdiction.” It does not say which holds for a farm with no permit. For eggs it says “Eggs can be sold directly to restaurants but they must adhere to the following criteria: Must be from an approved source; Must be clean and sound; May not exceed the restricted egg tolerances for the United States consumer Grade B as specified in 7 C.F.R. Part 56 and 9 C.F.R. Part 590, adopted by reference in 18 AAC 31.01; and If in a carton,” “In good condition;” “In a package that protects integrity of contents to protect from adulteration or potential contaminants;” and “Labeled in accordance with requirements specified in 18 AAC 31.060 (Alaska Food Code), and Shell Egg Regulations (DNR), including safe handling instructions for eggs that have not been specifically treated to destroy all viable Salmonellae,” and “Must be delivered in refrigerated equipment that maintains an ambient air temperature of 45 degrees F or below.” The Extension publication says the same for eggs “delivered to or sold to someone who is not the end consumer, such as a food establishment.” Both predate the 2024 law. Ask the Department of Environmental Conservation, which keeps the Food Code, and the Division of Agriculture.

Source: AS 17.20.332 to 17.20.338, 11 AAC 32.110 to 32.190, Safe Egg Handling for Small Egg Laying Flocks and Operations (LPM-00344) and Division of Agriculture, Farm to Restaurant fact sheet.

Do I need to grade or label my eggs in Alaska?

For a sale direct to the consumer, the Shell Egg Regulations’ grading and labeling rules do not apply: eggs “shall be exempt from the grading and labeling requirements of this chapter when sold by the producer direct to the consumer” (11 AAC 32.170(c)). The homemade food law has its own rules. “A homemade food packaged for individual sale must be clearly and prominently labeled with (1) the producer’s name, current address, telephone number, and, if applicable, the producer’s business license number; and (2) the statement: ‘This food was made in a home kitchen, is not regulated or inspected, except for meat and meat products, and may contain allergens.’” (AS 17.20.332(e)). That is a label on a package. A retail space has a sign, a different sentence: it “shall prominently display a sign indicating that the homemade food was made in a home kitchen, may contain allergens, and is not, except for meat and meat products permitted under (h) of this section, regulated or inspected,” homemade food for sale at a retail location or grocery store “may not be displayed or offered for sale on the same shelf or display as inspected food,” and the further duty, “comply with any other requirements specified by the Department of Environmental Conservation relating to homemade food,” applies only “If a retail space selling a potentially hazardous homemade food is in any way associated with a commercial food establishment or offers for sale any inspected food” (17.20.332(d)). Before selling unpackaged homemade food the seller must “inform the buyer that the unpackaged homemade food was prepared in accordance with” the law “and is not subject to certain state certification, labeling, licensing, packaging, regulation, or inspection requirements,” and “provide the buyer with the producer’s name, current address, telephone number, and, if applicable, the producer’s business license number” (17.20.332(g)). Whether a carton of eggs is a “homemade food packaged for individual sale” is the open question on the license answer.

For eggs sold for general consumption other than direct by the producer, 11 AAC 32.110(a) says they “shall be labeled to conform with 11 AAC 32.130.” That section is written as a “deemed to meet” rule: “Cartons, boxes, bags, or other consumer packages containing eggs intended for sale by distributors or retailers shall be deemed to meet the requirements of this chapter when the name and address of the packer, distributor, producer, or retailer and the grade and weight class of the eggs contained therein are legibly and visibly shown on the front or top of each container,” the grade and weight class “in letters not less than one-fourth of one inch in height” (11 AAC 32.130(b)), and “in the English language” (32.130(e)). The Division of Agriculture’s Farm to Restaurant sheet lists five things for a carton: “Label must be in English with at least ¼ inch font size;” “Statement of identity (eggs);” “Numeric Count (Example: One Dozen, Two Dozen);” “Name and address of the producer (farm name) distributor, packer or retailer” (city, state and ZIP code only, if the name “can be found in a telephone directory”); and “The words: ‘Keep Refrigerated’.” The Extension publication’s list for eggs “packaged to be sold at a food establishment” adds “Grade and size/weight class” and “SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria: keep eggs refrigerated, cook eggs until yolks are firm and cook foods containing eggs thoroughly.” The two lists differ, and this page does not say which a seller must follow.

Reusing cartons: “Inspection and/or labeling marks, having reference to shell eggs or shell egg products appearing on any container by reason of previous use shall be removed or obliterated before re-use” (11 AAC 32.130(d)). The Extension publication says “It is acceptable to recycle cartons if the cartons are clean and in good condition and if all labeling information that does not apply is removed. Egg cartons must be free from inspection or labeling marks from previous use.” Whether that reaches a direct seller, whose sale the labeling requirements do not cover, is not said.

A listing that shows a price per dozen, on this site or elsewhere: the chapter says “Eggs shall not be offered for sale, exposed for sale, or held in possession with intent to sell in the state, if the package, container, or display, bears any statement or device which is false or misleading in any manner” (11 AAC 32.150(a)), and “‘sold’ or ‘sale’ includes ‘offer for sale,’ ‘expose for sale,’ have in ‘possession for sale,’ ‘exchange,’ ‘barter’ or ‘trade’” (11 AAC 32.190(16)). The chapter’s first article, on potatoes, has its own definition that opens “In this chapter,”: “‘sold or sale’ includes offering for sale, exposing for sale, having in possession for sale, exchanging, bartering and trading” (11 AAC 32.090(9)). How these apply to a listing is for the Division of Agriculture to say. The regulations also bar descriptive terms: “The word ‘fresh,’ ‘nulaid,’ ‘country,’ ‘hennery,’ ‘day-old,’ ‘select,’ ‘certified,’ ‘best,’ ‘fresh-laid,’ ‘guaranteed,’ or any other similar descriptive terms are prohibited in connection with advertising or selling eggs unless such eggs conform to at least Grade A as defined in sec. 120 of this chapter,” and “Eggs shall not be referred to as Alaskan or local eggs in any manner unless produced in Alaska” (11 AAC 32.150(b), (c)). Whether the direct-sale exemption reaches that section, which speaks of “advertising or selling eggs,” is not said. Ask the Division of Agriculture.

Source: AS 17.20.332 to 17.20.338, 11 AAC 32.110 to 32.190, Safe Egg Handling for Small Egg Laying Flocks and Operations (LPM-00344) and Division of Agriculture, Farm to Restaurant fact sheet.

Do eggs have to be refrigerated to sell in Alaska, and at what temperature?

For a sale to a food establishment the number is 45°F. The Division of Agriculture’s 2014 sheet says eggs “Must be delivered in refrigerated equipment that maintains an ambient air temperature of 45 degrees F or below,” and the Extension publication says eggs sold to “someone who is not the end consumer, such as a food establishment, … must be received at the establishment in refrigerated equipment that maintains an ambient air temperature of 45° F degrees or below.” Its carton label for those eggs includes “Keep Refrigerated.”

For a sale direct to the consumer, no statute or rule read gives a temperature. The Shell Egg Regulations in 11 AAC 32.110 to 32.190 name none, and the homemade food law sets no temperature. The Extension publication advises “Store eggs in a refrigerator with an ambient temperature no greater than 45°F and 70 to 85 percent humidity,” and “Eggs should be kept at a temperature below 45°F during transportation to the point of sale,” which is guidance and not a rule. The federal rule’s refrigeration line for shell eggs, and the Department of Environmental Conservation’s Food Code, were not read for a small seller. Ask the Department of Environmental Conservation.

Source: 11 AAC 32.110 to 32.190, Safe Egg Handling for Small Egg Laying Flocks and Operations (LPM-00344), Division of Agriculture, Farm to Restaurant fact sheet and AS 17.20.332 to 17.20.338.

Can I sell duck, quail or other eggs in Alaska?

The sources are silent on whether a duck or quail egg may be sold, and this page does not say it may. The Shell Egg Regulations define “eggs” as “the eggs of a domesticated chicken hen, which eggs are in the shell” (11 AAC 32.190(7)), so their grade, weight class and labeling rules are written for chicken eggs, and the regulations read say nothing of other birds. The homemade food law says “food or drink” and names eggs without a species (AS 17.20.332(f)), and the Extension publication is written for laying hens. Whether a duck or quail egg is a homemade food, or needs anything for a sale to a store or restaurant, is not said. Ask the Division of Agriculture and the Department of Environmental Conservation.

Source: 11 AAC 32.110 to 32.190, AS 17.20.332 to 17.20.338 and Safe Egg Handling for Small Egg Laying Flocks and Operations (LPM-00344).

Do I have to wash or candle eggs to sell them in Alaska?

For a sale direct to the consumer, no statute or rule read requires either. The Shell Egg Regulations define “candling” (11 AAC 32.190(2)) and exempt a producer’s direct sales from “the grading and labeling requirements of this chapter” (32.170(c)), and eggs “being delivered to or when in possession of a dealer for candling or grading” are exempt too (32.170(b)). No section of 11 AAC 32.110 to 32.190 sets a washing rule. The Extension publication advises it: “Wash eggs as soon as you collect them,” “Wash eggs with water that is at least 90°F,” and “It is best that you sort the eggs before you store, sell or consume them. The easiest way to sort eggs is to candle them with a bright light.” It adds “GRADING EGGS MAY BE DONE BY THE PRODUCER. One does not need a USDA grader to grade the eggs.”

For eggs sold to a food establishment the Extension publication says “The eggs must be clean and sound and not exceed the restricted egg tolerances for the U.S. consumer Grade B,” the Division of Agriculture’s 2014 sheet lists the same two criteria, and the regulations’ grades are the United States Department of Agriculture’s (11 AAC 32.120(a)). What the Food Code asks of washing for that sale was not read. Ask the Department of Environmental Conservation.

Source: 11 AAC 32.110 to 32.190, Safe Egg Handling for Small Egg Laying Flocks and Operations (LPM-00344) and Division of Agriculture, Farm to Restaurant fact sheet.