Can I sell eggs in Western Australia?

Do I need a license to sell eggs in Western Australia?

The Department of Health says on its registration page (last reviewed 23-09-2021): "Before operating your food business you need to register or notify your business with the relevant enforcement agency". It says "This includes temporary food businesses such as a market stall, mobile food vans, home based food businesses and fundraisers." and "Most food businesses will need to register with the local government." Its table lists, under Eggs, "Egg production, processing (that do not export)" as "Registration" with the local government. Its table of responsibilities, which prints no date, puts an egg producer for the domestic market under Standard 4.2.5 with the local government for registration or notification, as controlling authority and as enforcement agency.

The Act is the instrument. Section 109(1): "The proprietor of a food business, other than an exempted food business, must not conduct the food business at any premises unless the food business is registered in respect of those premises under this Part." The penalty is a fine of $10 000 for an individual and $50 000 for a body corporate. Section 107(1) has the proprietor give notice first: the proprietor must not conduct the food business "unless the proprietor has given written notification in respect of those premises to the appropriate enforcement agency". A food business is one that involves "the handling of food intended for sale" or "the sale of food" and is not primary food production (s 10). Parts 6, 8 and 9 do not apply to primary food production (s 4(1)), and the Food Regulations 2009, reg. 6, say "any food production activity to which a standard in Chapter 4 of the Food Standards Code applies is prescribed" as not primary food production (s 11(2)(c)). The local government of the district is the appropriate enforcement agency (reg. 5), and the Act's CEO, the chief executive officer of the department that assists in administering it, is where the business is in no local government district or is one of the other cases in reg. 4.

The Department reads the same chain on its page for the egg Standards (last reviewed 01-09-2022): "As food businesses (see regulation 6 of the Food Regulations), primary producers and processors to which Chapter 4 of the Code applies, must apply for registration with the appropriate enforcement agency. It is an offence to conduct an unregistered food business in accordance with Section 109 of the Food Act." Standard 4.2.5 applies to an "egg producer", which is "a business, enterprise or activity that involves the production of eggs". The Standard has an egg producer "operate according to a food safety management statement" (cl 3(3)), and the Department says it "must be approved or recognised by the relevant enforcement agency", which for "product intended for the domestic market" is "the local government enforcement agency where the egg producer or processor is located".

The exemptions are in Part 3 of the Regulations and are four: a food business "conducted to raise money solely for purposes that are of a charitable or community nature" that sells food which is not potentially hazardous or is cooked for immediate consumption (reg. 10), one that "consists solely of selling food" which is not potentially hazardous and "cannot be handled in the course of conducting the food business because the food is contained in a closed package" (reg. 11), one that provides complimentary drinks alongside a business that is not a food business (reg. 12), and one at a registered export establishment (reg. 13). None is a small seller by size. The Department says "Registration is not required if the food business is 'exempt' as prescribed in the Food Regulation 2009. However, notification is still required." Whether a farm that sells its own eggs in cartons is inside reg. 11, which turns on "potentially hazardous food", a term Standard 3.2.2 defines without naming any food, and on a business that "consists solely of selling", no source we read says (#1088).

The Department answers the question of size only for the Standard. Its page on the egg Standards (last reviewed 01-09-2022) asks "Are there any exemptions available under Standard 4.2.5?" and answers "No, there are currently no exemptions. Standard 4.2.5 must be complied with by all egg and egg product primary producers and processors." That is an answer about exemptions from the Standard. It does not say whether a keeper who gives every egg away, and sells none, is an egg producer or runs a food business at all, which the Act describes by food "intended for sale" (#1089). The Department's page on Standard 4.2.5 itself (last reviewed 28-05-2026) does not repeat the sentence. We found no number of hens, eggs or dozen below which the Standard or registration does not apply.

The Department's Food Unit keeps a register of egg stamps: "The Food Unit manages a central register of unique identifiers." Its Standard 4.2.5 page says "As part of your egg stamping application, you will be asked to provide a copy of your food business certificate of registration, issued under the Food Act 2008 by your local government." and "Important: A unique identifier does not provide an approval to operate as a food business; contact must be made with the relevant local government Food Act Authorised Officer to ensure compliance with all regulatory requirements." A new identifier is the letters WA followed by a number. The same page says both "There is no legislative requirement to be listed on the centralised register of unique identifiers." and that a producer must contact the Food Unit "in order to be allocated with a unique identifier"; which a small seller follows, no source we read says (#1090). The page links no application form, and we read none.

A keeper of many birds has a second door. The Biosecurity and Agriculture Management (Identification and Movement of Stock and Apiaries) Regulations 2013 (as at 10 Jul 2025) say "A person must not own or purchase stock unless the person is a registered owner of stock." (reg. 7(1), a fine of $2 000), and stock includes poultry (reg. 4). Regulation 7(2) leaves that out for a person who owns "fewer than 50 poultry" and "fewer than 10 emus and ostriches (in any combination)" and where "the person is not an owner or purchaser of any other species of stock". Poultry are the species in item 11 of Schedule 1 to the Biosecurity and Agriculture Management Regulations 2013, among them domestic chickens, ducks, geese and quails. The Department of Primary Industries and Regional Development says "Owners of 50 or more poultry, or 10 or more emus and/or ostriches, are required to register with the department as livestock owners." and "Anyone who sells eggs or poultry meat for human consumption, regardless of how many birds they own is encouraged to register to support notification and tracing for the purpose of food safety." A consultation page of the same department, last updated 18 May 2022, says its original proposal "included a requirement for anyone selling eggs or poultry meat for human consumption to register, regardless of how many birds they own", and "it was decided that it would not be made mandatory." The questions and answers on that page were written for the proposal and still say "you would be required to register with DPIRD" for a person selling eggs. A consultation is not law; the Regulations are, and they put the line at 50.

The national text sits under all of this. The Food Regulations 2009, reg. 7, say "the Food Standards Code is adopted as in force from time to time". Standard 4.2.5, in the compilation of 29 November 2018 that the Federal Register shows as current, applies to "the direct sale of eggs to the public by an egg producer". A variation registered on 1 December 2025 amends that Standard; the Register dates the amended Standard from 3 June 2027 (#1077). We settle none of it. Ask your local government.

Source: Department of Health: Registration of a food business, Department of Health: Local government and Department of Health food business responsibilities, Food Act 2008, ss 4, 10, 11 and 107 to 111, Food Regulations 2009, regs. 4 to 7 and 10 to 13, Department of Health: Primary production and processing standard for eggs poultry and sprouts, Department of Health: Eggs and egg products standard 4.2.5, Food Standards Code, Standard 3.2.2, clause 1, Identification and Movement of Stock and Apiaries Regulations 2013, regs. 4 and 7, Biosecurity and Agriculture Management Regulations 2013, Schedule 1, Department of Primary Industries and Regional Development: Registration requirements for poultry, emu and ostrich owners, Department of Primary Industries and Regional Development: Enhancing poultry traceability, Food Standards Code, Standard 4.2.5, clauses 1 to 3 and Food Standards (Proposal P1060) Variation.

How many eggs can I sell without a license in Western Australia?

No number of eggs, dozen or hens is the line in anything we read. The registration the Department of Health describes is for a food business, and it says of Standard 4.2.5 "No, there are currently no exemptions." (page last reviewed 01-09-2022). The stock Regulations require a registered owner under reg. 7(1). Under reg. 7(2), the exemption for a person who owns or purchases poultry, emus or ostriches applies only if they own fewer than 50 poultry and fewer than 10 emus and ostriches (in any combination), and are not an owner or purchaser of any other species of stock. This is a count of birds, not a limit on selling.

The money is in Australian dollars and is of two kinds. The local government sets its own: the Act has the local government set the fee, "imposed and recovered by the agency under the Local Government Act 1995 Part 6 Division 5 Subdivision 2" (ss 107(4) and 110(4)), and the Department of Health says "Each local government may charge slightly different fees." and lists a "one-off registration or notification fee" and an "annual or other fee (to cover annual inspections costs)". None of those pages prints an amount. Registration as an owner of livestock with the Department of Primary Industries and Regional Development is A$76.50: its consultation page, last updated 18 May 2022, says "Registration is currently $76.50 and is valid for three years before it needs to be renewed." Its current registration page prints no fee. A food business that is not registered is fined $10 000 for an individual and $50 000 for a body corporate (s 109(1)).

Source: Department of Health: Primary production and processing standard for eggs poultry and sprouts, Identification and Movement of Stock and Apiaries Regulations 2013, reg. 7, Biosecurity and Agriculture Management Regulations 2013, Schedule 1, Food Act 2008, ss 107 and 109 to 110, Department of Health: Registration of a food business, Department of Primary Industries and Regional Development: Enhancing poultry traceability and Department of Primary Industries and Regional Development: Registration requirements for poultry, emu and ostrich owners.

Can I sell eggs at a farmers market in Western Australia?

A market stall is in the Department of Health's own words a food business: "This includes temporary food businesses such as a market stall, mobile food vans, home based food businesses and fundraisers." The same page says "A temporary business (e.g. catering) that may only operate for a short period of time must still register with the local government where food is processed or stored and notify all other local governments where the business intends to operate." An egg producer's direct sale to the public is inside the Standard ("the direct sale of eggs to the public by an egg producer", cl 1), so a producer selling at a market is an egg producer first. Whether a farm registered where it produces and stores its eggs also notifies the district of a market it sells in, no source we read says (#1091). A market's own terms are the market's, and none of the sources read states them.

Source: Department of Health: Registration of a food business, Food Standards Code, Standard 4.2.5, clause 1 and Food Act 2008, s 107.

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

A farm that supplies a shop or a cafe is still an egg producer, whatever its buyer: the Standard has "an egg producer must have a system to identify to whom eggs or egg pulp is sold or supplied" (cl 10(4)), and an egg producer is one "whether or not the business grades, packs, washes, candles or assesses for cracks". A business that does "pulping, separating, grading, packing, washing, candling, assessing for cracks or oiling eggs received from an egg producer" is a processor (cl 2).

The buyer who only resells is another case. The Department of Health's table puts an "Egg retail or catering" business under Standards 3.2.2, 3.2.2A and 3.2.3 with the local government for registration. Standard 2.2.2 says "Eggs for retail sale or for sale to a *caterer must be individually marked with the producer’s or processor’s unique identification." and "Unacceptable eggs must not be sold in a retail sale or to a caterer." An egg business that exports is outside this page: the table gives it an "Approved arrangement" and the Commonwealth Department of Agriculture, Fisheries and Forestry.

Source: Food Standards Code, Standard 4.2.5, clauses 2 and 10, Department of Health: Local government and Department of Health food business responsibilities and Food Standards Code, Standard 2.2.2.

Do I need to grade or label my eggs in Western Australia?

Every egg sold is marked: "An egg producer must not sell eggs unless each individual egg is marked with the producers’ unique identification." (Standard 4.2.5, cl 10(1)). Standard 2.2.2 asks the same of every egg for retail sale. The Department of Health says "A unique identifier can be a code, symbol or a number stamped onto each individual egg or package of egg product/s." and "The Department of Health (Food Unit) does not have a preference on the egg marking method used". A new identifier from its Food Unit is the letters WA followed by a number; whether a small seller must have one allocated is #1090.

The carton has its own rules, and we read only that they exist. The Department says "in addition to the unique identifier, the labelling standards of the Code still apply", and Standard 1.2.1 itself was not read. The variation due from 3 June 2027 keeps the marking in Standard 4.2.5, cl 10(1), as "uniquely marked to identify the egg producer" (#1077). No source we read says whether an egg carton may be reused, or sets a grade, a size or a weight for an egg sold in Western Australia.

Source: Food Standards Code, Standard 4.2.5, clause 10, Food Standards Code, Standard 2.2.2, Department of Health: Eggs and egg products standard 4.2.5 and Food Standards (Proposal P1060) Variation.

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

No instrument we read sets a temperature for a producer's eggs. Standard 4.2.5 has an egg producer "operate according to a food safety management statement" (cl 3(3)), which is the farm's own and which the local government approves or recognises, so a temperature, if any, is in that statement. Standard 3.2.2 has a food business "when storing potentially hazardous food" "store it under temperature control" (cl 6(2)), and defines "potentially hazardous food" as "food that has to be kept at certain temperatures to minimise the growth of any pathogenic microorganisms that may be present in the food or to prevent the formation of toxins in the food", naming no food. Whether that reaches a producer's shell eggs, which turns on the definition and on Standard 4.2.5's own clause 12, which applies Standards 3.2.2 and 3.2.3 to "processing under clause 21 and storage and transport under clause 22, but not to any other processing activities", no source we read says (#1088).

The variation due from 3 June 2027 adds a clause 9B on storing and transporting eggs, which has the producer "ensure that the time and temperature conditions under which those activities are undertaken do not make the eggs or egg pulp unsafe or unsuitable" (#1077). Ask your local government what your statement should say.

Source: Food Standards Code, Standard 4.2.5, clauses 3 and 12, Food Standards Code, Standard 3.2.2, clauses 1 and 6, Department of Health: Primary production and processing standard for eggs poultry and sprouts and Food Standards (Proposal P1060) Variation.

Can I sell duck, quail or other eggs in Western Australia?

The Standard speaks of eggs, not hens' eggs: "egg means an egg from any avian (bird) species, except ratites." The Department of Health's page repeats it: "eggs - means an egg from any avian (bird) species, except ratites." (last reviewed 01-09-2022). A duck, quail or goose egg is within it. An emu or ostrich egg is outside the Standard, and no source we read says how the local government treats it (#1078). For the keeper's registration the Regulations count birds by species: poultry are the species in Schedule 1, among them domestic chickens, ducks, geese and quails, and emus and ostriches are counted apart, at "fewer than 10 emus and ostriches (in any combination)" (reg. 7(2)).

Source: Food Standards Code, Standard 4.2.5, clause 2, Department of Health: Primary production and processing standard for eggs poultry and sprouts, Identification and Movement of Stock and Apiaries Regulations 2013, reg. 7 and Biosecurity and Agriculture Management Regulations 2013, Schedule 1.

Do I have to wash or candle my eggs in Western Australia?

Neither is asked as a step, and no source we read says a producer needs a separate approval to wash or candle its own eggs. The Standard's egg producer is one "whether or not the business grades, packs, washes, candles or assesses for cracks", so a farm that does those to its own eggs is still a producer, while one that does them to eggs "received from an egg producer" is a processor (cl 2). A dirty or cracked egg is not sold: "An egg producer must not sell or supply eggs or egg pulp for human consumption if it knows, ought to reasonably know or to reasonably suspect, that the eggs are unacceptable." (cl 11(1)), and an unacceptable egg is "a cracked egg or a dirty egg". A cracked egg is one "which has a cracked shell which is visible, or visible by candling or other equivalent methods". The Department of Health says an egg producer "must not sell or supply unacceptable eggs unless they are to be either cleaned or processed by pasteurisation or an equivalent process by the egg processor."

Source: Food Standards Code, Standard 4.2.5, clauses 2 and 11 and Department of Health: Eggs and egg products standard 4.2.5.