Can I sell eggs in California?
Exemption:
No small-seller exemption.
Otherwise:
California egg handler registration from the California Department of Food and Agriculture: add the permit number or upload it to your farm page.
You're responsible for following your state's rules.
What California law says about selling eggs from your own hens, question by question, with a link to the source for each answer.
Selling eggs in California, in brief
California asks every seller of eggs to register: FAC 27541 says “Any person engaged in business in this state as an egg producer or egg handler, or any out-of-state egg handler or egg producer selling eggs into California, shall register with the secretary” (“this chapter” is FAC 27501 to 27690), and the Department of Food and Agriculture’s program page says “There are no exemptions to the registration requirement” and answers a small flock owner with “Yes, you are considered an egg handler and therefore must register.” The statute says “It is unlawful for any person to sell to any retailer, consumer, or institution consumer, any eggs which are ungraded as to quality and size, except that the director, upon the written application of any producer, may find and proclaim that an emergency exists which prevents the normal marketing of eggs by the applicant and other producers in the same area.” (FAC 27651), the Department’s program page says “All shell eggs shall be graded and sized.” and the one small-flock line in the rules excuses only markings: “Size, grade, name and address markings are not required on containers or subcontainers of eggs in any of the following situations:” “If sold to household consumers without advertising by the producer on the premises where produced, from a flock of 500 hens or less” (3 CCR 1354.2(a)(3)). Proposition 12, a separate program of the same Department, asks a farm that keeps egg-laying hens to sell eggs in California for a Certificate of Compliance, and its brochure answers a question about a minimum flock size with “No, Prop 12 (2018) applies to all covered animals, regardless of flock or herd size.” The sources read leave open whether an online listing is “advertising,” what a carton, a farmers market, a store or a restaurant needs of a small flock, and how Proposition 12 reaches a few hens sold to a neighbour. Verify with the Department before you sell.
Checked
Own eggs, 500 hens or fewer
Says it sells eggs from its own flock of 500 hens or fewer to household consumers on the premises where produced, the sale for which 3 CCR 1354.2(a)(3) lists no size, grade, name and address markings on containers (“If sold to household consumers without advertising by the producer on the premises where produced, from a flock of 500 hens or less.”) and FAC 27551(e) no assessment fee.
Egg handler registration
Holds a California egg handler registration from the Department of Food and Agriculture’s Egg Safety and Quality Management Program, the registration FAC 27541 asks of a person engaged in business in this state as an egg producer or egg handler.
On GetLocalEggs.com, each farm in California declares which fits it. Both get the same badge. Find farms in California
What sellers ask about the rules in California
Each answer links the law, rule or agency page it comes from. Where those say nothing, we say so.
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Do I need a license to sell eggs in California?
The Department and the statute both say to register, and the sources read do not say what else a small flock needs. “Any person engaged in business in this state as an egg producer or egg handler, or any out-of-state egg handler or egg producer selling eggs into California, shall register with the secretary. A new registration shall be submitted if any current information changes.” (FAC 27541; “this chapter,” FAC 27501 to 27690, is Division 12, Part 4, Chapter 1 of the Food and Agricultural Code; “secretary” is the Secretary of Food and Agriculture). “It is unlawful for any person to engage in the business of an egg handler without first registering as an egg handler as provided for in Article 3 (commencing with Section 27541).” (FAC 27633). The certificate “shall not be transferable to any person, or be applicable to any location other than the location for which originally issued, and shall be conspicuously displayed at such location.” (FAC 27542).
The statute’s two definitions: “Egg handler” means “a person engaged in the business of producing, candling, grading, packing, or otherwise preparing shell eggs or pasteurized in-shell eggs for market or who engages in the operation of selling or marketing eggs that he or she has 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. This section shall not apply to any purchaser who is a retailer and who does not handle eggs in any other capacity, except as a retailer.” (FAC 27510). “Producer” means “a person engaged in the business of producing eggs from domesticated fowl for human consumption, who is not in the business of candling, grading, packing, sorting, or otherwise preparing shell eggs for market, marketing, or processing eggs into egg products.” (FAC 27510.1).
The Department’s Egg Safety and Quality Management program page (read September 2026) is plainer than the statute. “Anyone involved in producing, candling, grading, packing, or otherwise preparing eggs, or anyone selling or marketing eggs must register as an egg handler.” “This includes eggs from all species of fowl, whether in the shell or in liquid, frozen, dried, or any other form, when intended as food for human consumption. Each location where eggs are handled must be registered.” “There are no exemptions to the registration requirement.” Asked about a small flock, it answers “Yes, you are considered an egg handler and therefore must register,” and, asked “My child is raising chickens and selling eggs as a hobby. Does she/he need to register?” and “I donate my flock's eggs to a food bank. Do I need to register?”, it answers both together: “Yes, both situations are considered egg handling. It is for consumer safety that we require the registration of all egg handlers.” Asked what else a seller needs, it answers “In order to be compliant with the State of California, you only need the registration. However, your city may require a business license. Contact the city and county in which you will be selling and ask what they require.” The same page lists labeling, grade, size, refrigeration and defect requirements for egg handlers, and does not mention Proposition 12, which is a separate Department program (below).
The fee and the cycle are in the Department’s rules and its form. 3 CCR 1358.3(d): “Commencing January 1, 2015 and thereafter, all registrations and renewals for each principal place of business and each facility location are on an annual cycle beginning January 1 and ending December 31 of each year.” Its paragraphs (1) and (2) read “Egg handlers and egg producers shall pay a registration fee of $75.00.” and “Egg handlers and egg producers shall pay an annual renewal fee of $50.00.” Paragraph (a) says “An application for registration accompanied by the applicable fee is required for each facility location where any of the business practices requiring a registration will be conducted.” Paragraph (f) says “The current registration certificate or copy thereof shall be posted conspicuously in each official place of business and any facility locations conducting business to assure that it is easily accessible for Department personnel to read during inspections.” The Department’s form 517-004a (Rev. 10/22) says “A new application has a fee of $75. Renewing application has a fee of $50.” and “All registrations expire at the end of the calendar year (December 31) regardless of when payment was received for the application.” It adds “However, if registering after November, the program will allow the registration to carry over to the following year.” Its “Producer ONLY” business type is “a person engaged in the business of producing eggs from domesticated fowl for human consumption. This business type includes farm only, no processing plant.” Asked what happens to someone “caught producing and selling as an unregistered egg handler,” the program page answers “You can face fines of up to $1,000.00 for the first offense. You may also be cited for other code violations and charged additional fines.” Title 3 is read from the Department’s own registrant manual, which copies it as “current through 2/14/25 Register 2025, No. 7”; the Office of Administrative Law’s official copy sits behind a human-verification page and was not read (#427).
A second, separate program covers how the hens are kept. Proposition 12 (2018) is Health and Safety Code 25990 to 25994 (“this chapter”). HSC 25990(b) says “A business owner or operator shall not knowingly engage in the sale within the state of any of the following:” and its paragraph (3) lists “Shell egg that the business owner or operator knows or should know is the product of a covered animal who was confined in a cruel manner.” A “Covered animal” means “any calf raised for veal, breeding pig, or egg-laying hen who is kept on a farm,” an “Egg-laying hen” means “any female domesticated chicken, turkey, duck, goose, or guineafowl kept for the purpose of egg production,” and a “Farm” means “the land, building, support facilities, and other equipment that are wholly or partially used for the commercial production of animals or animal products used for food or fiber; and does not include live animal markets, establishments at which mandatory inspection is provided under the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.), or official plants at which mandatory inspection is maintained under the federal Egg Products Inspection Act (21 U.S.C. Sec. 1031 et seq.)” (HSC 25991(f), (g), (i)). The Department’s Animal Care Program guidance for egg producers says a producer must “Have a valid Certificate of Compliance” “for each farm location where egg-laying hens are kept” (its footnote marker omitted) and “Certification is required by January 1, 2024.” Its Farmers’ Market brochure answers “Is there a minimum flock or herd size of covered animals at a farm to fall under regulatory requirements?” with “No, Prop 12 (2018) applies to all covered animals, regardless of flock or herd size.” and “As an egg or pork producer, do I still need to complete all other required registrations and inspections for California and/or USDA?” with “Yes, the Certificate of Compliance is an additional requirement to sell Covered Product.” The regulations behind it (3 CCR 1320 to 1327.3, including the definitions of “egg producer” and “commercial sale”) are on the Office of Administrative Law’s site behind a human-verification page and were not read (#427); no source read says whether a household’s few hens sold to a neighbour is a “farm” under HSC 25991(i) or a sale under HSC 25991(o): “Sale” means “a commercial sale by a business that sells any item covered by this chapter, but does not include any sale undertaken at an establishment at which mandatory inspection is provided under the Federal Meat Inspection Act (21 U.S.C. Sec. 601 et seq.), or any sale undertaken at an official plant at which mandatory inspection is maintained under the federal Egg Products Inspection Act (21 U.S.C. Sec. 1031 et seq.). For purposes of this section, a sale shall be deemed to occur at the location where the buyer takes physical possession of an item covered by Section 25990.”
Proposition 12’s other sections, in their own words. HSC 25990(a): “A farm owner or operator within the state shall not knowingly cause any covered animal to be confined in a cruel manner.” HSC 25990(b)(4) adds, beside the shell-egg paragraph above, “Liquid eggs that the business owner or operator knows or should know are the product of a covered animal who was confined in a cruel manner.” HSC 25992: “This chapter shall not apply:” “(a) During medical research.” “(b) During examination, testing, individual treatment, or operation for veterinary purposes.” “(c) During transportation.” “(d) During rodeo exhibitions, state or county fair exhibitions, 4-H programs, and similar exhibitions.” “(e) During the slaughter of a covered animal in accordance with the provisions of Chapter 6 (commencing with Section 19501) of Part 3 of Division 9 of the Food and Agricultural Code, relating to humane methods of slaughter, and other applicable law and regulations.” “(f) To a breeding pig during the five-day period prior to the breeding pig’s expected date of giving birth, and any day that the breeding pig is nursing piglets.” “(g) During temporary periods for animal husbandry purposes for no more than six hours in any 24-hour period, and no more than 24 hours total in any 30-day period.” None of those seven names a small flock or a household, and the brochure’s “regardless of flock or herd size” is its answer to a question about a minimum flock size, not a reading of HSC 25992. HSC 25993(c): “The provisions of this chapter relating to cruel confinement of covered animals and sale of products shall supersede any conflicting regulations, including conflicting regulations in Chapter 6 (commencing with Section 40601) of Subdivision 6 of Division 2 of Title 22 of the California Code of Regulations.” The page reads that sentence as written and does not extend it to 3 CCR 1350. HSC 25993.1: “It shall be a defense to any action to enforce subdivision (b) of Section 25990 that a business owner or operator relied in good faith upon a written certification by the supplier that the whole veal meat, whole pork meat, shell egg, or liquid eggs at issue was not derived from a covered animal who was confined in a cruel manner, or from the immediate offspring of a breeding pig who was confined in a cruel manner.”
The retail food rules (California Retail Food Code, HSC 113700 to 114437, “Part 7”) sit on the county side. Its “Food facility” definition (HSC 113789) “does not include any of the following:” and lists “An outlet or location, including, but not limited to, premises, operated by a producer, selling or offering for sale only whole produce grown by the producer or shell eggs, or both, provided the sales are conducted at an outlet or location controlled by the producer.” (HSC 113789(c)(6)). A “Producer” is “a person or entity who produces shell eggs or edible plants by practice of the agricultural arts upon land that the person or entity controls.” (HSC 113880). Its cottage food sections (HSC 113758 and 114365 to 114365.6) do not use the word egg. Another chapter lets a “community food producer” (“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,” HSC 113752) sell “unrefrigerated shell eggs” under a limit (below) (HSC 114376). No county page read says what a county environmental health department asks of an egg stand outside those definitions; the Los Angeles County Department of Public Health’s community food production FAQ (July 1, 2015) tells a seller of eggs to “Register with the California Department of Food and Agriculture’s Egg Safety and Quality Management Program.”
Nothing here says a seller is legal. It says what California’s sources say and where they leave it open; the open questions are filed by agency (#428 Egg Safety and Quality Management, #429 Animal Care Program, #430 Public Health, #431 and #432 Los Angeles County, #433 and #434 San Diego County), with #427 for the official Title 3 and #435 for the badges.
Source: FAC 27501 to 27690 (Eggs and Egg Products), CDFA Egg Safety and Quality Management program page, CDFA Shell Egg Handler Registrant Manual (3 CCR 1350 to 1358.7), CDFA form 517-004a, Egg Handler and Producer Registration, HSC 25990 to 25994 (Proposition 12), Animal Care Program guidance for egg producers, Animal Care Program farmers market brochure, HSC 113789 (food facility), HSC 113880 (producer), HSC 114376 (community food producers) and Los Angeles County Public Health community food production FAQ.
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How many eggs can I sell without a license in California?
There is no cap on how many eggs a registered seller may sell, and the sources read state their lines in hens and in dozen a month, not a weekly line. The one small-flock line in the statute and the rules is 500 hens. FAC 27551(e), in the article that sets the per-case assessment, says “Eggs sold to household consumers on the premises where produced from a total flock size of 500 hens or fewer are exempt from these fees.” (“these fees” are the assessment fees of FAC 27551 to 27555; the fee in 27551 is “a maximum fee of fifteen cents ($0.15) for each 30 dozen eggs sold as provided below:”). FAC 27551(d) adds “Shipments of eggs that are accompanied by a United States Department of Agriculture certificate of grade and sold to the federal government or its agencies are exempt from these fees.” and (f) says “The assessment provided for in this section shall be paid only once on any particular egg.” The Department’s form says “Mill fees currently only apply to chicken eggs.” 3 CCR 1354.2(a)(3) says “Size, grade, name and address markings are not required on containers or subcontainers of eggs in any of the following situations:” and, as the third, “If sold to household consumers without advertising by the producer on the premises where produced, from a flock of 500 hens or less.” The marking line does not say the eggs are excused from grading: the Department’s program page says “All shell eggs shall be graded and sized.” The two differ in words: the statute says “on the premises where produced” with no advertising clause, and the rule says “without advertising by the producer on the premises where produced.” The Department’s Quick Reference Guide lists the same third situation as “If sold to household consumers without advertising by the producer on the premises where produced, from a flock size of 500 hens or less.” No source read defines “household consumers” or “advertising.”
The Department’s program page gives the assessment as “0.10 (ten cents) per 30-dozen case of eggs sold through June 30, 2026,” and says “The assessment fee will increase on July 1, 2026, to 0.13 (thirteen cents) per 30-dozen case of eggs sold”; the page still spoke of that date in the future when read on 2026-09-30. Its form asks “Do you sell ALL your eggs to consumer on your premises?” and instructs “Answer yes only if all the eggs are sold on the premises. If you sell at a farmers market, answer no.”
Other lines are in hens or dozen a month, and each is for one thing. 3 CCR 1350(c) says “Registered egg producers or handlers with 3,000 or more laying hens shall incorporate all of the provisions specified in subsections (c)(1), (2), and (3) in their facility operations:” and lists Salmonella Enteritidis prevention measures, an environmental monitoring program and a vaccination program; the Department’s guidance says “Enhanced Salmonella Enteritidis (SE) Testing and Vaccination applies to:” “All shell egg producers with 3,000 or more laying hens whose eggs are sold in California.” Its Small Producer Outreach page says of its workshops “These are geared for producers with less than 3,000 birds.” The federal egg safety rule starts at 3,000 hens too, and is not a sales limit: 21 CFR 118.1(a) says “If you are a shell egg producer with 3,000 or more laying hens at a particular farm that does not sell all of your eggs directly to consumers and that produces shell eggs for the table market, you are covered by some or all of the requirements in this part, as follows: (1) If any of your eggs that are produced at a particular farm do not receive a treatment as defined in § 118.3, you must comply with all of the requirements of this part for egg production on that farm. (2) If all of your eggs that are produced at the particular farm receive a treatment as defined in § 118.3, you must comply only with the refrigeration requirements in § 118.4(e) for production of eggs on that farm and with the registration requirements in § 118.11.” Paragraph (b) adds “If you transport or hold shell eggs for shell egg processing or egg products facilities, you must comply with the refrigeration requirements in § 118.4(e). This section applies only to eggs from farms with 3,000 or more laying hens.”
Restricted eggs (checks, dirties, and both) have a per-sale line in three paragraphs of 3 CCR 1356.2(a): (a)(1) says “Checked eggs may be sold directly to a consumer for exclusive use by his household and nonpaying guests, in quantities not to exceed 30 dozen per sale.” (a)(3) says “Dirty eggs may be sold directly to a consumer for exclusive use by his household and nonpaying guests, in quantities not to exceed 30 dozen per sale.” and (a)(6) says “Checked and dirty eggs may be sold directly to a consumer for exclusive use by his household and nonpaying guests, in quantities not to exceed 30 dozen per sale.” The rule’s “Restricted eggs” are “Shell eggs classed as dirties, checks, leakers, loss, inedibles, and incubator rejects” (3 CCR 1351(j)), and it says “Restricted eggs may be sold directly to consumers only as follows: by a shell egg producer from his own flock's production, at the site of production or segregation, or at secondary locations operated by the producer-packer for the primary purpose of shell egg retail sales; by a shell egg packer at the grading station where grading or segregation occurred.”
A community food producer’s line is 15 dozen a month. HSC 114376(a) says “A community food producer may sell or provide whole uncut fruits or vegetables, or unrefrigerated shell eggs, directly to the public, to a permitted food facility, or a cottage food operation if the community food producer meets all of the following requirements:” and its paragraph (2) says “Agricultural products that are packaged shall have the package labeled with the name and address of the community food producer.” paragraph (3) says “Conspicuous signage shall be provided in lieu of a product label if the agricultural product is being sold by the community food producer on the site of production. The signage shall include, but not be limited to, the name and address of the community food producer.” and paragraph (5) says “Egg production shall be limited to 15 dozen eggs per month.” Paragraph (c) says “Unless otherwise authorized by a local ordinance adopted by a local jurisdiction, a local city or county health enforcement office shall not require a community food producer to register with the city or county or meet requirements in addition to those required in subdivisions (a) and (d) if the community food producer meets any of the following conditions:” (1) “Agricultural products are sold at the outlet or location, including, but not limited to, premises, controlled by the community food producer pursuant to paragraph (6) of subdivision (c) of Section 113789.” (2) “Agricultural products are donated to a food bank or food kitchen that provides food at no cost to consumers.” or (3) “Agricultural products are sold in a food facility permitted by a federal, state, or local health agency.” The Los Angeles County Department of Public Health’s FAQ (July 1, 2015) says “A Community Food Producer who raises chickens may sell up to 15 dozen shell eggs per month. The registration process is the same as for a Community Food Producer except that producer must register with the California Department of Food and Agriculture, Egg Safety and Quality Management Program.” The FAQ’s “up to 15 dozen shell eggs per month” and the statute’s “15 dozen eggs per month” of “unrefrigerated shell eggs” are set side by side. No source read says whether that line reaches a farm on land zoned for agriculture, or how it sits beside the 500-hen line and FAC 27651.
Proposition 12 has no flock-size line in the sources read: the Animal Care Program’s brochure answers “No, Prop 12 (2018) applies to all covered animals, regardless of flock or herd size.” to whether a minimum flock size applies, and that answer does not replace the exceptions in HSC 25992 (license answer). Its housing floor is in HSC 25991(e), where “Confined in a cruel manner” means “any one of the following acts:” including (1) “Confining a covered animal in a manner that prevents the animal from lying down, standing up, fully extending the animal’s limbs, or turning around freely.” (4) “After December 31, 2019, confining an egg-laying hen with less than 144 square inches of usable floorspace per hen.” and (5) “After December 31, 2021, confining an egg-laying hen with less than the amount of usable floorspace per hen required by the 2017 edition of the United Egg Producers’ Animal Husbandry Guidelines for U.S. Egg-Laying Flocks: Guidelines for Cage-Free Housing or in an enclosure other than a cage-free housing system.” HSC 25991(c) defines “Cage-free housing system” as “an indoor or outdoor controlled environment for egg-laying hens within which hens are free to roam unrestricted; are provided enrichments that allow them to exhibit natural behaviors, including, at a minimum, scratch areas, perches, nest boxes, and dust bathing areas; and within which farm employees can provide care while standing within the hens’ usable floorspace.” and continues “Cage-free housing systems include, to the extent they comply with the requirements of this subdivision, the following:” “(1) Multitiered aviaries, in which hens have access to multiple elevated platforms that provide hens with usable floorspace both on top of and underneath the platforms.” “(2) Partially slatted systems, in which hens have access to elevated flat platforms under which manure drops through the flooring to a pit or litter removal belt below.” “(3) Single-level all-litter floor systems bedded with litter, in which hens have limited or no access to elevated flat platforms.” “(4) Any future systems that comply with the requirements of this subdivision.” HSC 25991(s): “Usable floorspace” means “the total square footage of floorspace provided to each covered animal, as calculated by dividing the total square footage of floorspace provided to the animals in an enclosure by the number of animals in that enclosure. In the case of egg-laying hens, usable floorspace shall include both groundspace and elevated level flat platforms upon which hens can roost, but shall not include perches or ramps.”
The Animal Care Program’s guidance for egg producers states the floorspace it is explaining, in its own words (its footnote markers omitted): “Enclosure provides the minimum amount of usable floorspace per egg-laying hen required by United Egg Producers’ Animal Husbandry Guidelines for U.S. Egg-Laying Flocks: Guidelines for Cage-Free Housing, 2017 edition:” “For multitiered aviaries, providing egg-laying hens access to multiple elevated platforms, hens must have a minimum of one (1) square foot of usable floorspace per hen;” “For partially slatted systems, providing egg-laying hens access to elevated flat platforms, hens must have a minimum of one (1) square foot of usable floorspace per hen;” “For single-level floor systems, bedded with litter providing egg-laying hens with limited or no access to elevated flat platforms, hens must have a minimum of one and one-half (1.5) square foot of usable floorspace per hen;” “For any other type of cage-free housing system not described above it shall provide a minimum of one (1) square foot of usable floorspace per hen in systems that provide hens with access to vertical space and a minimum of one and one-half (1.5) square feet of usable floorspace per hen in systems that do not provide hens access to vertical space.” and, for enrichments, “Enclosure provides enrichments allowing hens to exhibit natural behaviors, including, at a minimum, scratch areas, perches, nest houses, and dust bathing areas;” 3 CCR 1350(d), from the registrant manual, is a different text: “No egg handler or producer may sell or contract to sell a shelled egg for human consumption in California if it is the product of an egg-laying hen that was confined in an enclosure that fails to comply with the following standards. For purposes of this section, an enclosure means any cage, crate, or other structure used to confine egg-laying hens:” and paragraph (1) says “An enclosure containing egg-laying hens shall provide a minimum of 144 square inches of usable floorspace per hen. Usable floorspace means the total square footage of floorspace provided to each egg-laying hen as calculated by dividing the total square footage of floorspace provided to the egg-laying hen in an enclosure by the number of egg-laying hens in that enclosure. Usable floorspace shall include both ground space and elevated level flat platforms upon which hens can roost but shall not include perches or ramps.” (the manual prints “ground space” as two words), and paragraph (2) says “The enclosure shall provide access to drinking water and feed trough(s) without restriction.” The page sets the four texts side by side and does not call them one rule: the statute dates its 144 square inches from December 31, 2019 and adds a line after December 31, 2021, the rule names only the 144 square inches and no date, and the guidance states one or one and one-half square feet by system. The sources read do not say how they fit; 3 CCR 1320 to 1327.3 are unread (#427, #429).
Source: FAC 27501 to 27690 (Eggs and Egg Products), CDFA Shell Egg Handler Registrant Manual (3 CCR 1350 to 1358.7), CDFA California Shell Egg Regulation Quick Reference Guide, CDFA Egg Safety and Quality Management program page, CDFA form 517-004a, Egg Handler and Producer Registration, CDFA California Shell Egg Food Safety Regulation Guidance, CDFA Small Producer Outreach Program page, HSC 114376 (community food producers), Los Angeles County Public Health community food production FAQ, Animal Care Program farmers market brochure, HSC 25990 to 25994 (Proposition 12), Animal Care Program guidance for egg producers and 21 CFR 118.1.
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Can I sell eggs at a farmers market in California?
Eggs are an agricultural product that a certified producer may sell at a certified farmers’ market, and the sources read name what that takes; they leave open whether a small flock’s market sale needs more than they say. “Agricultural product” means “a fresh or processed product produced in California, including fruits, nuts, vegetables, herbs, mushrooms, dairy, shell eggs, honey, pollen, unprocessed bees wax, propolis, royal jelly, flowers, grains, nursery stock, raw sheared wool, livestock meats, poultry meats, rabbit meats, and fish, including shellfish that is produced under controlled conditions in waters located in California.” (FAC 47000.5(a)(1); “this chapter” is FAC 47000 to 47062, Chapter 10.5, Direct Marketing). “Certified farmers’ market” means “a location that is certified by the State of California through the enforcement officers of the county agricultural commissioners and operated pursuant to Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and regulations adopted pursuant to that chapter.” (HSC 113742).
The market rules put the producer at the stall and a certificate behind it. FAC 47004(b): “Only the producer or the lawful authorized representative of the producer may sell agricultural products within the area defined as a certified farmers’ market.” FAC 47020(c)(1)(A): “Before selling at a certified farmers’ market, a producer shall register with the department by applying for and obtaining a certificate from the county agricultural commissioner’s office in the county in which the producer’s land or facility is located.” A vendor must “Post a conspicuous sign or banner at the point of sale that states the name of the farm or ranch, the county where the farm or ranch maintains the production grounds that produced the products being offered for sale is located, and a statement that “We Grew What We Are Selling” or “We Raised What We Are Selling” or “We Grow What We Sell” or similar phrases that clearly represent that the farm or ranch is only selling agricultural products that they themselves have grown or raised on California land that they possess or control.” (FAC 47004(c)(1)); the Department’s program page says “I want to sell eggs at Certified Farmer's Markets. How do I get started?” is answered by “For questions about Certified Farmer's Markets, please contact the Direct Marketing Program at 916-900-5030. You should also contact the agricultural commissioner for the county in which you will be selling.” The Los Angeles County Department of Public Health’s FAQ (July 1, 2015) says “A Community Food Producer or Gleaner may sell their produce and eggs at a Certified Farmers’ Market if they have registered as a Certified Producer with the Los Angeles County Department of Agricultural Commissioner/ Weights & Measures.”
The egg rules follow the seller to the market. The Department’s program page says “Eggs are inspected at production plants, wholesale warehouses, retail facilities and farmer’s markets.” The 500-hen marking line is for a sale “on the premises where produced” (3 CCR 1354.2(a)(3)), and the Department’s form asks “Do you sell ALL your eggs to consumer on your premises?” and instructs “Answer yes only if all the eggs are sold on the premises. If you sell at a farmers market, answer no.” It also asks “If you are selling at a farmers market, please list the county where you will be selling your eggs. If you sell in more than one county, please list all. Each location must have a valid registration copy, contact Egg Safety and Quality Management for additional copies of your egg handler registration.” No source read says whether a market sale is one of the 3 CCR 1354.2(a) situations.
The Animal Care Program’s Farmers’ Market brochure says “This brochure is for California Farmers' Market vendors selling their shell eggs*, whole pork meat* and whole veal meat* from animals on their farms*.” and “California's Prop 12 (2018) and Animal Confinement Regulations* apply to you and your business operation.” The retail food rules for a certified farmers’ market are in HSC 114370 to 114373, whose 114373 lets raw shell eggs stand without refrigeration on conditions (under refrigeration below), and the Department’s handler sheet says “Refrigeration at retail and farmer market locations are regulated by appropriate County Environmental Health Department.” A farm stand has its own sections: HSC 114375(c)(1) lists “Whole produce and shell eggs as described in paragraph (6) of subdivision (c) of Section 113789” among what a farm stand may sell. A certified mobile farmers’ market operator (FAC 47007, effective January 1, 2025) must “Comply with all labeling and identification requirements for shell eggs and processed foods imposed pursuant to the provisions of the Health and Safety Code, including, but not limited to, the farm’s name, physical address, and telephone number.” (FAC 47007(b)(4)), and FAC 47061(a)(6) says the same of a producer selling shell eggs through a community-supported agriculture program.
Source: FAC 47000 to 47062 (Direct Marketing), HSC 113742 (certified farmers’ market), CDFA Egg Safety and Quality Management program page, CDFA form 517-004a, Egg Handler and Producer Registration, CDFA Shell Egg Handler Registrant Manual (3 CCR 1350 to 1358.7), Animal Care Program farmers market brochure, CDFA Shell Egg Handler Information sheet, HSC 114373 (eggs at a certified farmers’ market), HSC 114375 (farm stands) and Los Angeles County Public Health community food production FAQ.
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Can I sell eggs to a store or restaurant in California?
The sources read put a sale to a store or a restaurant on the graded route, outside the small-flock marking line, and do not settle what else it takes. The statute says “It is unlawful for any person to sell to any retailer, consumer, or institution consumer, any eggs which are ungraded as to quality and size, except that the director, upon the written application of any producer, may find and proclaim that an emergency exists which prevents the normal marketing of eggs by the applicant and other producers in the same area.” (FAC 27651). The Department’s Shell Egg Handler Information sheet says “It is unlawful to sell to any retailer, consumer, or institutional consumer, any eggs which are ungraded as to quality and size.”
The statute’s buyers are defined. “Consumer” means “any person who purchases eggs for his or her own family use or consumption; or any restaurant, hotel, boardinghouse, bakery, or other institution or concern which purchases eggs for serving to guests or patrons thereof, or for its own use in cooking or baking and not for resale in the shell.” (FAC 27507). “Retailer” means “any person who sells eggs to a consumer.” (FAC 27518). The marking line in the rules is for “household consumers” (3 CCR 1354.2(a)(3)), a term no source read defines, and a restaurant is a “consumer” in the statute that is apart from a person who “purchases eggs for his or her own family use or consumption.” No source read says whether a restaurant that collects eggs at the farm is a “household consumer.”
A registered seller’s books and fee follow the sale. 3 CCR 1358.4(b): “Each egg handler shall maintain business records of egg transactions for three years, subject to audit by the Department. The records shall indicate the date, egg quality and quantity, and identity of purchaser and seller. For small quantities of restricted eggs sold by egg handlers directly to consumers under provisions of section 1356.2, or incidental sales of consumer grade eggs, the name of purchaser is not required.” And 1358.4(c): “An invoice on egg sales shall be furnished to the purchaser, stating the seller's name and address, quantity, size and grade or quality of the eggs. Exempt from this requirement are eggs which are:” “(1) Sold or delivered by a producer for candling and grading.” “(2) Sold at retail.” “(3) Sold by an egg handler from the handler's own production directly to a consumer on the premises where produced.” FAC 27551(a) says “California egg handlers shall pay the fee on all egg sales from their own production, on eggs purchased or acquired from California egg producers, and on eggs processed into egg products. California egg handlers shall not pay a fee on eggs purchased from out-of-state egg handlers or egg producers.”, and (b) says “California egg producers shall pay the fee on all egg sales to anyone not registered under this chapter as an egg handler, to out-of-state purchasers, and to egg breaking plants.”
The buyer’s side is a different program. The Department’s program page says of a store “No, retail stores do not need to register, as long as they do not handle eggs in any capacity other than as a retailer. However, there are standards that retailers must meet, such as for refrigeration and signage.” Under the retail food rules, “Any whole uncut fruit or vegetable or unrefrigerated shell egg grown or produced in compliance with all applicable federal, state, or local laws, regulations, and food safety guidelines issued by a regulatory agency shall be deemed to be from an approved source.” (HSC 113735(b)). A community food producer may sell unrefrigerated shell eggs “to a permitted food facility” (HSC 114376(a)), and the Los Angeles County Department of Public Health’s FAQ (July 1, 2015) says “No, currently the law does not allow you to sell your community food products directly to a market. The law only specifies the public, permitted restaurants and cottage food operators.” Federal rules say the safe handling statement “for shell eggs that are not for direct sale to consumers, e.g., those that are to be repacked or labeled at a site other than where originally processed, or are sold for use in food service establishments, may be provided on cartons or in labeling, e.g., invoices or bills of lading in accordance with the practice of the trade” (21 CFR 101.17(h)(5)). What a county health department asks of a store or restaurant about its egg supplier was not read.
Source: FAC 27501 to 27690 (Eggs and Egg Products), CDFA Shell Egg Handler Information sheet, CDFA Shell Egg Handler Registrant Manual (3 CCR 1350 to 1358.7), CDFA Egg Safety and Quality Management program page, HSC 113735 (approved source), HSC 114376 (community food producers), Los Angeles County Public Health community food production FAQ and 21 CFR 101.17(h).
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Do I need to grade or label my eggs in California?
For graded eggs: size, grade, and the name and address of who graded and packed them; for a small flock’s household sale on the premises, the rule’s exception names those markings and no others. “Container” means “any box, case, basket, carton, sack, bag, or any other device which is used to facilitate the handling of eggs.” (FAC 27508), so a carton is a container. 3 CCR 1354(a): “Each container or subcontainer of shell eggs shall be marked with the name, address and zip code of the person by or for whom the eggs were graded and packed, and the unabbreviated designation of one of the following sizes and grades:”. The Department’s Quick Reference Guide lists “SIZE: Jumbo, Extra Large, Large, Medium, Small, Peewee” and “GRADE: AA, A, B,” and its program page says “All shell eggs shall be graded and sized. The established grades of eggs are: AA, A, and B.” The rule continues “Only one size and grade shall appear upon a container, subcontainer or placard. Size and grade shall be plainly marked in letters not less than ¼ inch in height, as follows:” “(1) Containers holding three dozen or less, on the outside top face; and” “(2) Containers holding more than three dozen, on one outside top, side or end, except that oblong containers shall be marked on one outside end.”
The exceptions are a list, and the list is for size, grade, name and address only. 3 CCR 1354.2(a): “Size, grade, name and address markings are not required on containers or subcontainers of eggs in any of the following situations:” “(1) If sold at retail from a properly marked bulk display and packaged in the presence of the purchaser.” “(2) If packed for shipment or in transit to points outside the state.” “(3) If sold to household consumers without advertising by the producer on the premises where produced, from a flock of 500 hens or less.” “(4) If being delivered from outside the state to dealers for candling and grading.” “(5) If being delivered to, or are in possession of, a dealer for candling and grading, or being delivered, stored or removed from cold storage.” “(6) If packed for sale to the military forces of the United States, labeled with one of the United States Department of Agriculture grades.”
Other marks are asked of “an egg handler” and are not on that list. FAC 27644(b): “Except as provided in subdivision (c), it is unlawful for an egg handler to sell, offer for sale, or expose for sale eggs that are packed for human consumption unless each container intended for sale to the ultimate consumer is labeled on one outside top, side, or end with all of the following:” “(1) (A) The words “Sell-by” immediately followed by the month and day in bold type, for example “June 30” or “6-30.” Common abbreviations of months shall be permitted.” “(B) The sell-by date shall not exceed 30 days from the date on which the eggs were packed, excluding the date of packing.” “(C) If the eggs are repacked but not regraded, the original sell-by date shall apply.” “(2) A Julian pack date. As used in this paragraph, the Julian pack date is the consecutive day of the year on which the eggs were packed.” “(3) The identification number of the plant of origin.” Subdivision (c): “This section does not apply to eggs that are packaged for export. Paragraph (1) of subdivision (b) does not apply to eggs that are packaged for interstate commerce or eggs that are packaged for military sales. This section does not apply to pasteurized in-shell eggs.” 3 CCR 1354(f): “In accordance with section 1350 of Title 3 of the California Code of Regulations, commencing January 1, 2015, the principal display panel for containers for all eggs sold in California shall have the following statement:” “California Shell Egg Food Safety Compliant”. “The statement may be abbreviated to read “CA SEFS Compliant' or a similar abbreviation or other descriptive term may be used if determined by the Department not to be misleading or deceptive.” “The statement shall be legible and plainly marked on each container in letters not less than ¼ inch in height.” The Department’s program page says “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).” and “*Must be printed in font ¼ inch or larger”. No source read says whether the 3 CCR 1354.2(a)(3) household exception reaches the statement, the sell-by and pack dates, the handler code or the words “keep refrigerated.”
Refrigeration wording: FAC 27644(a): “Except as provided in subdivision (c), it is unlawful for an egg handler, as defined in Section 27510, to sell, offer for sale, or expose for sale eggs that are packed or graded for human consumption unless at least one of the following conditions is met:” “(1) The consumer container is plainly, legibly, and conspicuously labeled “KEEP REFRIGERATED” or with words of similar meaning. Consumer container labeling that complies with the safe-handling instructions required by Section 101.17 of Title 21 of the Code of Federal Regulations shall be deemed to comply with this paragraph.” “(2) A conspicuous sign is posted at the point of sale for eggs on bulk display advising consumers that the eggs are to be refrigerated as soon as practical after purchase.” Federal rules put the "Safe Handling Instructions" statement on every carton of shell eggs (21 CFR 101.17(h)), with one exception, in paragraph (h)(4), quoted below. Paragraph (h)(1) says “The label of all shell eggs, whether in intrastate or interstate commerce, shall bear the following statement:” “SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria: keep eggs refrigerated, cook eggs until yolks are firm, and cook foods containing eggs thoroughly.” Paragraph (h)(2) says “The label statement required by paragraph (h)(1) of this section shall appear prominently and conspicuously, with the words “SAFE HANDLING INSTRUCTIONS” in bold type, on the principal display panel, the information panel, or on the inside of the lid of egg cartons. If this statement appears on the inside of the lid, the words “Keep Refrigerated” must appear on the principal display panel or information panel.” and (h)(3) “The label statement required by paragraph (h)(1) of this section shall be set off in a box by use of hairlines.” Paragraph (h)(4): “Shell eggs that have been, before distribution to consumers, specifically processed to destroy all viable Salmonella shall be exempt from the requirements of paragraph (h) of this section.” (101.17(h)(4)).
Names, words and prices. “It is unlawful for any person to sell or use any container or subcontainer of eggs which bears a name, a trademark, or a trade name unless the seller or user is entitled to use the name, trademark, or trade name.” (FAC 27634). “Superlative descriptions or other amplification of grade or size are not permitted on containers.” (3 CCR 1354(c)(1)). “It is unlawful for any person to sell as “fresh eggs,” “ranch eggs,” or “farm eggs,” or to represent as being fresh, any eggs which are below the quality of grade A or which have been held in cold storage more than 30 days.” (FAC 27636). “It is unlawful for any person to mark any eggs which were not produced in this state “Produced in California” or represent them in any manner to be a product of this state.” (FAC 27632). The Department’s rule on a price says “Any advertisement, sign or placard, which indicates the price of eggs for sale, must also use the full designation of size and grade.” (3 CCR 1354(b)), and the statute says “It is unlawful for any person to make any statement, representation, or assertion orally, by public outcry, or proclamation, or in writing, or by any other manner or means whatever concerning the quality, size, weight, condition, source, origin, or any other matter relating to eggs which is false, deceptive, or misleading in any particular.” (FAC 27637). The egg sections read (FAC 27501 to 27690, 3 CCR 1350 to 1358.7, and the Egg Safety and Quality Management program’s pages) do not use the words internet, online, website, electronic or pickup about a sale or a listing; the words “Internet Web site” in FAC 27581.1(c) say only where the Department posts its penalty schedule. No source read says whether a farm’s post with a price, or a directory listing, is an “advertisement, sign or placard” under 3 CCR 1354(b) or “advertising by the producer” under 3 CCR 1354.2(a)(3), or whether an online request for pickup at the farm is a sale “on the premises where produced.” The Los Angeles County Department of Public Health’s community food production FAQ (July 1, 2015) asks “Can I take orders online?” and answers “Yes. A community food producer may advertise and can take both orders and payments via the Internet or phone. However, a community food producer must deliver (in person) to the customer. A community food producer may not deliver any products via US Mail, UPS, FedEx or any other third-party delivery service.” That is its answer for a community food producer under HSC 114376; it does not say whether a directory listing is “advertising by the producer” under 3 CCR 1354.2(a)(3), or whether a pickup at the farm is a sale “on the premises where produced.” The Animal Care Program’s guidance on what a “commercial sale” is under Proposition 12 is a flow of numbered questions, read from the first. Its second asks “Is the transaction a donation of covered product to a nonprofit organization that has a tax exemption under section 501(c)(3) of the Internal Revenue Code (26 U.S.C.)?” and answers “Yes the transaction does not fall under HSC section 25991(o) because this transaction falls under 3 CCR sections 1320(e)(4), 1321(f)(4), and 1322(f)(4) exemption of commercial sale and therefore does not need to be of covered product compliant with Animal Confinement regulations.” or “No the transaction might fall under HSC section 25991(o) and Animal Confinement regulations, continue to #3.” Its ninth asks “Is the transaction of covered product a sale, exchange, barter, trade, transfer title or possession, or distribution, conditional or otherwise, in California commerce including, but not limited to, transactions by a retailer with a consumer and electronic transactions made using the internet?” and answers “Yes transaction does fall under HSC section 25991(o) and Animal Confinement regulations.” or “No transaction does not fall under HSC section 25991(o) and Animal Confinement regulations.” Those 3 CCR section numbers are the guidance’s cites; 3 CCR 1320 to 1327.3 were not read. The page does not read that flow as settling whether a listing or a pickup request is advertising or a sale under the egg rules
Source: FAC 27501 to 27690 (Eggs and Egg Products), CDFA Shell Egg Handler Registrant Manual (3 CCR 1350 to 1358.7), CDFA California Shell Egg Regulation Quick Reference Guide, CDFA Egg Safety and Quality Management program page, 21 CFR 101.17(h), Animal Care Program guidance on sale under animal confinement and Los Angeles County Public Health community food production FAQ.
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Do I have to keep eggs cold in California?
For an egg handler the statute says 45°F, and it names direct marketing outside that rule. FAC 27643(a): “It is unlawful for an egg handler, as defined in Section 27510, to hold, store, transport, or display eggs that are packed or graded for human consumption unless the eggs are held, stored, transported, or displayed consistent with both of the following requirements:” “(1) At an average ambient temperature of 45 degrees Fahrenheit, or lower.” “(2) At a temperature equal to or less than the temperature requirement for holding, storing, transporting, or displaying eggs established by regulations of the United States Department of Agriculture in Title 7 of Part 56 of the Code of Federal Regulations governing the grading of shell eggs.” Subdivision (b): “Retail outlets that are regulated by this chapter, except for retail outlets located in shell egg packing or distribution facilities, are exempt from subdivision (a).” Subdivision (c): “Direct marketing activities, including certified farmers’ markets, as defined in Section 113742 of the Health and Safety Code, community food producers, as defined in Section 113752 of the Health and Safety Code, community-supported agriculture, as defined in Section 47060, and farm stands, as defined in Section 47050, are not required to comply with subdivision (a).” Subdivision (d): “Transport vehicles may exceed the 45 degree Fahrenheit maximum temperature required pursuant to subdivision (a) when eggs are either being loaded into the transport vehicle or unloaded from the transport vehicle. A transport vehicle shall be deemed to be in compliance with subdivision (a) if the transport vehicle is equipped and has in operation when eggs are in the transport vehicle a refrigeration unit delivering air at a temperature of 45 degrees Fahrenheit or lower.”
The retail food rules let raw shell eggs stand unrefrigerated on conditions. HSC 114373, in Chapter 12, “Certified Farmers’ Markets [114370 - 114373]”: “Raw shell eggs may be stored and displayed without refrigeration if all of the following conditions are met:” “(a) The eggs were produced by poultry owned by the seller and collected on the seller’s property.” “(b) The eggs are not placed in direct sunlight during storage or display.” “(c) Retail egg containers are prominently labeled “refrigerate after purchase” or the seller posts a conspicuous sign advising consumers that the eggs are to be refrigerated as soon as practical after purchase.” “(d) Retail egg containers are conspicuously identified as to the date of the pack.” “(e) The eggs have been cleaned and sanitized.” “(f) The eggs are not checked, cracked, or broken.” “(g) Any eggs that are stored and displayed at temperatures of 90ºF or below and that are unsold after four days from the date of pack shall be stored and displayed at an ambient temperature of 45ºF or below, diverted to pasteurization, or destroyed in a manner approved by the enforcement agency.” “(h) Any eggs that are stored and displayed at temperatures above 90ºF 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.” The section does not name a place of sale.
The Department’s pages say 45°F, each in its own words. Its program page: “Refrigeration: Shell eggs must be maintained at a temperature of 45° Fahrenheit or less.” Its Quick Reference Guide: “Processed eggs must be held under refrigeration in rooms kept at 45°F or below from the time of packing until sale to consumers.” Its handler sheet: “Eggs shall be stored, held or transported at an ambient temperature of 45 or below (FAC 27643)” and “Refrigeration at retail and farmer market locations are regulated by appropriate County Environmental Health Department.” Its registrant manual: “California Department of Food and Agriculture (CDFA) regulations require all eggs at production, wholesale or in transit be refrigerated at an ambient temperature of 45 degrees Fahrenheit.” FAC 27643(c) names certified farmers’ markets, community food producers, community-supported agriculture and farm stands; no source read says whether a household seller on its own premises, outside those, is an “egg handler” held to 27643(a).
The federal rule’s refrigeration, 21 CFR 118.4(e), says “You must hold and transport eggs at or below 45 °F ambient temperature beginning 36 hours after time of lay. If the eggs are to be processed as table eggs and are not processed for the ultimate consumer within 36 hours from the time of lay and, therefore, are held and transported as required at or below 45 °F ambient temperature, then you may then hold them at room temperature for no more than 36 hours just prior to processing to allow an equilibration step to temper the eggs.” It reaches only farms of “3,000 or more laying hens” (118.1(a), (b)).
Source: FAC 27501 to 27690 (Eggs and Egg Products), HSC 114373 (eggs at a certified farmers’ market), CDFA Egg Safety and Quality Management program page, CDFA California Shell Egg Regulation Quick Reference Guide, CDFA Shell Egg Handler Information sheet, CDFA Shell Egg Handler Registrant Manual (3 CCR 1350 to 1358.7), 21 CFR 118.4(e) and 21 CFR 118.1.
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Can I sell duck or quail eggs in California?
Duck and quail eggs are eggs under the statute, and the Department’s answer is to register and mark them with the species; no grade or size applies to them. “Eggs” means “eggs in the shell from chickens, turkeys, ducks, geese, or any other species of fowl.” (FAC 27513). “It is unlawful for any person to sell or represent as chicken eggs, eggs from any other species of fowl, or mixed eggs from more than one species of fowl, or eggs from ducks, turkeys, geese, or any species of fowl other than chickens, unless the containers and subcontainers of the eggs are marked with, or a sign, placard, or other inscription otherwise indicates fully, the species of fowl from which the eggs were produced.” (FAC 27635).
The Department’s program page: “Yes, handlers of eggs of all species of fowl must register as egg handlers.” “Size and grade standards are not currently in place for eggs from other species of fowl, like ducks or quail. Such eggs do not have the same labeling requirements as chicken eggs. Containers of eggs from other species of fowl offered for sale must be marked with "I.R.Q." standards.” It defines them as Identity (“Species (for example, duck eggs)”), Responsibility (“Who produced the eggs (farm name, address, and zip code)”) and Quantity (“Number of eggs in the container”). The Quick Reference Guide says “California standards of quality for individual shell eggs are applicable only to eggs that are a product of domesticated chickens,” which is 3 CCR 1352(a) too: “California standards of quality for individual shell eggs are applicable only to eggs that are a product of domesticated chickens. Except as provided in Section 1356.2, no eggs lower than Grade B shall be sold for human consumption.” FAC 27651 says “It is unlawful for any person to sell to any retailer, consumer, or institution consumer, any eggs which are ungraded as to quality and size, except that the director, upon the written application of any producer, may find and proclaim that an emergency exists which prevents the normal marketing of eggs by the applicant and other producers in the same area.” and no source read says how that applies to a duck or quail egg that has no grade.
Proposition 12 names some birds and not others. An “Egg-laying hen” means “any female domesticated chicken, turkey, duck, goose, or guineafowl kept for the purpose of egg production.” (HSC 25991(g)); quail are not in the list. The Animal Care Program publishes a Duck Egg Enclosure Producer Guidance that was not read. The retail food rules define “Egg” as “the shell egg of an avian species that includes chicken, duck, goose, guinea, quail, ratite, or turkey, except a balut and an egg product.” (HSC 113769).
Source: FAC 27501 to 27690 (Eggs and Egg Products), CDFA Egg Safety and Quality Management program page, CDFA California Shell Egg Regulation Quick Reference Guide, CDFA Shell Egg Handler Registrant Manual (3 CCR 1350 to 1358.7), HSC 25990 to 25994 (Proposition 12) and HSC 113769 (egg).
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Do I have to wash or candle eggs in California?
The statute bars ungraded eggs to a consumer, and no source read says whether a small flock selling on its premises must candle. “Candling” means “the examination of the interior of eggs by use of a transmitted light.” (FAC 27504). FAC 27651 says “It is unlawful for any person to sell to any retailer, consumer, or institution consumer, any eggs which are ungraded as to quality and size, except that the director, upon the written application of any producer, may find and proclaim that an emergency exists which prevents the normal marketing of eggs by the applicant and other producers in the same area.” Under FAC 27652 “During an emergency which is proclaimed pursuant to Section 27651, producers in the area in which the emergency has been proclaimed to exist may sell to any retailer, consumer, or institution consumer, eggs which were produced upon the premises of the producers which are ungraded as to size and quality, and any retailer may sell such eggs to any consumer or institution consumer. Each container of eggs which is so sold and all invoices which relate to the eggs shall both:” “(a) Be clearly marked “emergency, ungraded.”” “(b) Bear the name and address of the producer.” The Quick Reference Guide says “It is unlawful for any person to sell to any retailer, consumer, or institutional consumer, any eggs which are ungraded as to quality, except under CDFA approval in cases of emergency only.” 3 CCR 1354.2(a)(3) excuses markings for the 500-hen household sale and does not say the eggs are excused from grading; the Department’s program page says “All shell eggs shall be graded and sized.”
Washing is in the rules only as part of “processed.” 3 CCR 1351(h) defines “Processed.” as “Shell eggs that have been washed, cleaned, sanitized, candled, graded, sized, and placed in containers.” The rule’s “clean” is “A shell that is free from adhering foreign material, visible stains or discolorations. A shell may be considered clean if it has only very small specks, stains, or cage marks, provided they are not of sufficient number or intensity to detract from the generally clean appearance of the egg. Eggs showing traces of processing oil on the shell are considered clean, unless otherwise soiled.” (3 CCR 1351.2(a)), and “Dirty” is “An egg that is unbroken, with dirt or foreign material adhering to its surface, or has prominent stains, or moderate stains greater than permitted in B quality.” (1351.2(b)). The Department’s program page says “Dirty eggs cannot be sold to consumers.” The retail food rules’ egg-display conditions include “The eggs have been cleaned and sanitized.” (HSC 114373(e)). No section or page read sets a washing method.
Dirty and checked eggs have their own route. FAC 27534 says “The director shall adopt regulations by which eggs which do not meet the size or appearance standards generally required for marketing but which are healthy for consumption may be sold directly to consumers for their own family use.” Under 3 CCR 1356.2 “Restricted eggs may be sold directly to consumers only as follows: by a shell egg producer from his own flock's production, at the site of production or segregation, or at secondary locations operated by the producer-packer for the primary purpose of shell egg retail sales; by a shell egg packer at the grading station where grading or segregation occurred.” and “Any product segregated into the several restricted egg categories must bear legible and conspicuous labeling of its quality on the carton, case, rack or pallet, as applicable.” (3 CCR 1356.2). The Department’s program page says “Dirty eggs cannot be sold to consumers.” while 3 CCR 1356.2(a)(3) says “Dirty eggs may be sold directly to a consumer for exclusive use by his household and nonpaying guests, in quantities not to exceed 30 dozen per sale.” and (a)(6) says “Checked and dirty eggs may be sold directly to a consumer for exclusive use by his household and nonpaying guests, in quantities not to exceed 30 dozen per sale.” The page sets them side by side and no source read says which controls.
Grades and tolerances are in 3 CCR 1352 and 1353. 3 CCR 1352(a): “California standards of quality for individual shell eggs are applicable only to eggs that are a product of domesticated chickens. Except as provided in Section 1356.2, no eggs lower than Grade B shall be sold for human consumption.” The statute says “The regulations relating to grade standards which are adopted pursuant to subdivision (a) of Section 27531 shall be consistent with the grade standards promulgated by the United States Department of Agriculture contained in Title 7, Code of Federal Regulations, Section 2856.216.” (FAC 27532).
Source: FAC 27501 to 27690 (Eggs and Egg Products), CDFA Shell Egg Handler Registrant Manual (3 CCR 1350 to 1358.7), CDFA California Shell Egg Regulation Quick Reference Guide, CDFA Egg Safety and Quality Management program page and HSC 114373 (eggs at a certified farmers’ market).
Read the rules in California from the source
- FAC 27501 to 27690, Food and Agricultural Code, Division 12, Part 4, Chapter 1, Eggs, from the Legislature’s own leginfo page (all 15 articles), read September 2026. The Legislature’s page carries the history line of each section.
- FAC 47000 to 47062, Direct Marketing, Division 17, Chapter 10.5 (certified farmers’ markets, farm stands, community-supported agriculture), read September 2026.
- HSC 25990 to 25994, Proposition 12 (2018), Health and Safety Code Chapter 13.8, Farm Animal Cruelty, sections 25990 (prohibitions), 25991 (definitions), 25992 (exceptions), 25993 (enforcement), 25993.1 (the written-certification defense) and 25994 (construction), read September 2026 from the Legislature’s chapter page.
- HSC 113735, California Retail Food Code, approved source, read September 2026. The Code’s Part 7 (113700 to 114437) chapters 1 to 13 and 11.5 were searched for the word egg. The Department of Public Health’s own pages were not read (#430).
- HSC 113742, certified farmers’ market, read September 2026.
- HSC 113769, “Egg,” read September 2026.
- HSC 113789, “Food facility” and its exclusions, including (c)(6), read September 2026.
- HSC 113880, “Producer,” read September 2026; “Community food producer” is 113752 and “Farm stands” 113778.2, at the same site.
- HSC 114373, raw shell eggs stored and displayed without refrigeration, in Chapter 12, Certified Farmers’ Markets, read September 2026.
- HSC 114375, farm stands, read September 2026.
- HSC 114376, community food producers, gleaners and the 15 dozen a month line, read September 2026.
- CDFA Egg Safety and Quality Management program page, Meat, Poultry and Egg Safety Branch, “Egg Safety and Quality Management Program” (undated), read September 2026; saved to `docs/egg-law-sources/CA/`. The page’s fee line still speaks of July 1, 2026 in the future. Questions for the Department are #428.
- CDFA California Shell Egg Regulation Quick Reference Guide, Department PDF (undated), read September 2026.
- CDFA Shell Egg Handler Information sheet, Department PDF (undated), read September 2026.
- CDFA form 517-004a, Egg Handler and Producer Registration Form, instruction sheet and form, Rev. 10/22, read September 2026.
- CDFA Shell Egg Handler Registrant Manual (3 CCR 1350 to 1358.7), Department PDF (created February 2025, modified October 2025) that copies Title 3 “current through 2/14/25 Register 2025, No. 7,” saved to `docs/egg-law-sources/CA/`. The Office of Administrative Law’s official Title 3 (Westlaw) answers a plain request with a human-verification page and was not read (#427). 3 CCR 1320 to 1327.3 (Animal Confinement) are not in the manual and were not read.
- CDFA California Shell Egg Food Safety Regulation Guidance, Department PDF, revision date 10/20/2025, read September 2026.
- CDFA Small Producer Outreach Program page, Department page (undated), read September 2026.
- Animal Care Program guidance for egg producers, Animal Health and Food Safety Services PDF (undated), read September 2026. The Animal Care Program’s Duck Egg Enclosure guidance, Chicken Egg Enclosure guidance and Key Terms were not read (#429).
- Animal Care Program farmers market brochure, Department PDF (undated), read September 2026.
- Animal Care Program guidance on sale under animal confinement, Department PDF dated November 2024, read September 2026.
- Los Angeles County Public Health community food production FAQ, Environmental Health FAQ, dated July 1, 2015 on each page, read September 2026; saved to `docs/egg-law-sources/CA/`. It predates the 2016 amendment of HSC 114376 and is one county’s reading. Not read: every other county’s pages, and San Diego County’s Department of Environmental Health (#434). Questions for Los Angeles County are #431 (Public Health) and #432 (Agricultural Commissioner), and for San Diego County’s Agriculture, Weights and Measures #433.
- 21 CFR 118.1, federal egg safety rule, persons covered (read September 2026, current to 2026-09-25).
- 21 CFR 118.4(e), federal egg safety rule, refrigeration.
- 21 CFR 101.17(h), federal shell-egg safe-handling statement.
This isn't legal advice
Buying or selling eggs in California?
Find a farm near you by zip code, or list yours and post what you have each morning.
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