Can I sell eggs in Colorado?

Do I need a license to sell eggs in Colorado?

Not a dealer’s license from the Department of Agriculture, on the Egg Law’s words, when a producer sells only in the three places it names and under 250 dozen a month. The Law says “Except as provided in subsection (2) of this section, a person who produces and sells only on the premises at which the poultry eggs were produced, at a farmers’ market, or through a community-supported agricultural organization, less than two hundred fifty dozen poultry eggs per month is exempt from this part 1; except that such a producer may apply for a dealer’s license and, if in compliance with this part 1, be issued a dealer’s license” (C.R.S. 35-21-105(1)(a)). “This part 1” is 35-21-101 to 35-21-108; the Law’s second part, 35-21-201 to 35-21-209, is on how hens are housed and is a separate part. “Poultry eggs” means “shell eggs of the domesticated chicken” (35-21-101(15)). The license itself is in 35-21-104(1): “Every person selling poultry eggs or other eggs within this state shall obtain from the department a dealer’s license for each place where the business is conducted.”

The Department’s egg producers page says: “If you plan to sell fewer than 250 dozen eggs per month of your own flock’s eggs on the farm, at a farmer’s market, or through a community-supported agricultural organization or similar venue, then you are exempt from licensing by the Colorado Department of Agriculture (CDA).” Its words differ from the statute’s. It adds “of your own flock’s eggs” and “or similar venue,” and the statute’s “or similar venue” is in the sentence on transport, 35-21-105(2), not in (1)(a), which names three places after “only.” Which other places count is not said. The Department’s eggs page also says “any person who produces and sells less than 250 dozen per month is exempted from licensing with the State of Colorado,” without the three places.

The Cottage Foods Act is a second door that names eggs. It says “A person may sell whole eggs under this section; except that a person may not sell more than two hundred fifty dozen whole eggs per month under this section. A person selling whole eggs must meet the requirements of section 35-21-105, C.R.S.” (C.R.S. 25-4-1614(2)(b)(II); “this section” is 25-4-1614, the Act), and the Department of Public Health and Environment’s page says “Up to 250 dozen whole eggs per month may also be sold.” The Act’s other conditions are on the foods it covers: the producer sells “directly to informed end consumers” (25-4-1614(2)(a)), the food is delivered directly, “Be sold only in Colorado” and “Not involve interstate commerce” (2)(d), a “producer” who takes a food safety course (2)(c), and the Act “applies only to producers who earn net revenues of ten thousand dollars or less per calendar year from the sale of each eligible food product produced in the producer’s home kitchen or a commercial, private, or public kitchen” (2)(e), and a label and a sign at the point of sale that say the food was produced in a home kitchen not subject to licensure or inspection (3)(a), (3)(c). No source read says whether an egg sold from a coop, not a kitchen, is a food “produced under this section,” or whether the label, the sign, the food safety course and the $10,000 line apply to eggs sold under 35-21-105. That is the Department of Public Health and Environment’s to say.

A retail food license is open. The Department of Agriculture says “The Colorado Retail Food Establishment Rules and Regulations may also require egg sellers to hold a retail food establishment license. Please contact CDPHE Retail Food Program for more information.” The statute’s definition of a retail food establishment (25-4-1602(14); “this part 16” is the Colorado Food Protection Act) does not mean “(j) Farmers markets and roadside markets that offer only uncut fresh fruit and vegetables for sale” or “(m) A home, commercial, private, or public kitchen in which a person produces food products sold directly to consumers pursuant to the ‘Colorado Cottage Foods Act’, section 25-4-1614.” Eggs are not in (j), and no source read says whether an egg stand is a retail food establishment. The Retail Food Establishment Regulations adopt the 2022 FDA Food Code, which this page did not read.

Nothing here says a seller is legal. It says what Colorado’s sources say and where they leave it open.

Source: C.R.S. Title 35, art. 21, C.R.S. Title 25, art. 4, 6 CCR 1010-2, CDA, Egg Producers, CDA, Eggs, CDPHE, Cottage Foods Act and CDPHE, Retail food.

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

There is one for the exemption, in dozens a month. The Egg Law’s is “less than two hundred fifty dozen poultry eggs per month” for a person who “produces and sells only” in the three places quoted under the license question (35-21-105(1)(a)), the Department’s page says “fewer than 250 dozen eggs per month,” and the Cottage Foods Act’s is “a person may not sell more than two hundred fifty dozen whole eggs per month under this section” (25-4-1614(2)(b)(II); “this section” is 25-4-1614). “Less than” and “may not sell more than” differ at exactly 250 dozen, so a month of exactly 250 sits on both sides, and no source says which governs. No source read says how a month is counted, or whether the 250 is across every place a seller sells or each.

Above the exemption, the license has classes. They “shall be established by rule by the commissioner based on the average number of cases of poultry eggs (thirty dozen per case) or other eggs sold per week during the previous twelve months” (35-21-104(4)(b)(I)), and the rule says “Class I – produces and sells fewer than 40 cases per;” (8 CCR 1202-10, rule 7.1). The rule’s text ends at “per,” and the Department’s 2014 statement of basis in the same rule says the change “increases the number of cases produced and sold to 40 per week. This equates to a flock of a little fewer than 3,000 laying hens.” A licensee keeps records of the quantity sold and “shall retain the records of quantity sold for two years” (35-21-104(4)(b)(IV)). The fees are set by the agricultural commission (35-21-104(4)(b)(III)), and the fee schedule was not read: the Department’s application is a form on Google Docs.

The Egg Law’s second part has its own 3,000-hen line, on housing. It says “This part 2 does not apply to: (a) The production in the state, sale in the state, or transport for sale in the state of shell eggs by a farm owner or operator with annual shell egg production from three thousand or fewer egg-laying hens if all shell eggs sold in the state or transported for sale in the state by the farm owner or operator are derived from three thousand or fewer egg-laying hens” (35-21-204(2)(a); “this part 2” is 35-21-201 to 35-21-209). “Egg-laying hen” there means “a female domesticated chicken, turkey, duck, goose, or guinea fowl kept for the purpose of commercial egg production” (35-21-202(4)). The Department’s rule words the condition a little differently, “Farm owner or operator does not include a farm owner or operator with an annual shell egg production from three thousand or fewer egg-laying hens if all shell eggs sold in the state or transported in the state by the farm owner or operator are derived from three thousand or fewer egg-laying hens” (8 CCR 1202-19, rule 1.13): the statute says eggs “transported for sale in the state”, the rule eggs “transported in the state”, and the Department’s cage-free page says “The enclosure requirements do not apply to farming operations with 3,000 or fewer egg-laying hens.” The same page also says “All producers must have a Certificate of Compliance to sell in Colorado,” “A certified farm consists of 3,000 or more egg-laying hens,” and the rule says “All shell eggs and egg products to be sold must be accompanied by a copy of the certificate of compliance issued by the commissioner for the year in which the egg and egg products are packed. The certificate of compliance must accompany all shell eggs and egg products during the transfer or sale to a business owner or operator” (rule 7.1). Whether a farm of 3,000 hens or fewer needs a certificate is not said in one voice; ask the Department.

The federal egg safety rule covers “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” (21 CFR 118.1(a)), and it goes on “you are covered by some or all of the requirements in this part”: a farm whose eggs all receive a treatment must comply “only with the refrigeration requirements” in 118.4(e) and the registration in 118.11 (118.1(a)(2)).

Source: C.R.S. Title 35, art. 21, C.R.S. Title 25, art. 4, 8 CCR 1202-10, 8 CCR 1202-19, CDA, Egg Producers, CDA, Cage Free Egg Requirements and 21 CFR 118.1.

Can I sell eggs at a farmers market in Colorado?

The Egg Law names a farmers’ market as one of the three places an exempt producer sells (35-21-105(1)(a), quoted under the license question), and the Department of Agriculture says a small flock selling there is exempt from its licensing. The exemption comes with duties for the sale at a market. The Law says “A person transporting eggs for sale at a farmers’ market or similar venue under subsection (1) of this section shall: (a) Comply with the transport requirements of section 35-21-103 (3) and any rules, including rules requiring refrigeration, promulgated under this part 1 regarding the safe transport and washing of eggs; and (b) Affix to the egg package a label containing the address at which the eggs originated and the date on which the eggs were packaged” (35-21-105(2)). Section 103(3) says “Every vehicle used to transport eggs shall be maintained in a sanitary condition and shall be enclosed to protect eggs from extreme heat or cold.” The Department’s rule adds “All Class I Dealers and persons who produce and sell eggs at a farmers market or community supported agricultural organization must comply” with its washing steps (8 CCR 1202-10, rule 2.2), and the Department’s page says eggs sold at markets “must be transported in a clean and sanitary environment between 33°F and 41°F.” The rule sets a different ceiling for a delivery vehicle, 45°F, and the refrigeration answer sets the two side by side.

What a market takes beyond the Egg Law is open. The Department’s page says the Retail Food Establishment Rules “may also require egg sellers to hold a retail food establishment license,” and the statute’s exclusion for a market covers one that offers “only uncut fresh fruit and vegetables” (25-4-1602(14)(j)). A market may have its own rules too, and none was read. The Department of Public Health and Environment’s Retail Food Program is the one to ask.

The Cottage Foods Act also names eggs, up to 250 dozen a month, with the conditions in the license answer. It is open whether they apply to an egg sale at a market.

Source: C.R.S. Title 35, art. 21, C.R.S. Title 25, art. 4, 8 CCR 1202-10, CDA, Egg Producers, CDPHE, Retail food and CDPHE, Cottage Foods Act.

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

The Department of Agriculture says that takes a license: “If your flock size is under 3,000 domesticated chicken hens, and you wish to sell your eggs to a grocery store, restaurant, or other institution, then a Class I Egg Producer license is required and your operation will be inspected.” The statute’s words fit it. The exemption is for a person who “produces and sells only on the premises at which the poultry eggs were produced, at a farmers’ market, or through a community-supported agricultural organization” (35-21-105(1)(a)), and the license is for “Every person selling poultry eggs or other eggs within this state” (35-21-104(1)). A “consumer” is “any person who buys eggs for household consumption and not for resale” and a “restaurant” is “any person engaged in the business of catering or furnishing meals to the public” (35-21-101(5), (17)). The Cottage Foods Act adds “A person who purchases a product made by a producer shall not resell the product” (25-4-1614(5)).

A Class I license comes with more than the exemption does. The Department says it “inspects the processing of the eggs for good manufacturing practices and complete labeling on cartons of eggs,” that an on-farm inspection involves “Verification that all eggs are candled and graded before being packed,” and that a Class I producer’s cartons carry the grade, the size, the packing date and the business name and address. The rule’s exemption from the grade and size mark is only for “Class I Dealers selling fewer than 250 dozen eggs per month to a farmer’s market, community sustained agriculture organization or directly to the household consumer” (8 CCR 1202-10, rule 3.4), so a sale to a store is not in it.

What is open is the buyer’s side. The exemption names places, not buyers, and no source read says whether a restaurant that collects the eggs at the farm, or a chef who buys at a market stall, takes the seller out of the exemption. The Department says a license for a restaurant, and the statute does not say a buyer changes a sale on the premises. Ask the Department of Agriculture.

Source: C.R.S. Title 35, art. 21, C.R.S. Title 25, art. 4, 8 CCR 1202-10 and CDA, Egg Producers.

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

For a sale at a farmers’ market or a similar venue, the Egg Law says the package carries “a label containing the address at which the eggs originated and the date on which the eggs were packaged. Any eggs not treated for salmonella must also include the following statement on the package: ‘Safe Handling Instructions: To prevent illness from bacteria, keep eggs refrigerated, cook eggs until yolks are firm, and cook any foods containing eggs thoroughly. These eggs do not come from a government-approved source.’” (35-21-105(2)(b)). The Department’s page lists the address, the packaging date and the safe handling statement “If not treated for salmonella,” and then says “And labels must also include ‘These eggs do not come from a government-approved source.’” The statute puts both sentences in one statement for eggs not treated for salmonella. Federal rules put the "Safe Handling Instructions" statement on every carton of shell eggs (21 CFR 101.17(h)): the rule says “The label of all shell eggs, whether in intrastate or interstate commerce, shall bear the following statement” ((h)(1)), and it exempts “Shell eggs that have been, before distribution to consumers, specifically processed to destroy all viable Salmonella” (h)(4).

Section 105(2)’s duty is on “a person transporting eggs for sale at a farmers’ market or similar venue.” It does not name a sale on the farm. The rule says “The following labeling requirements apply to all eggs offered for sale” and asks the producer’s or packer’s name and address, or another identification, in letters and numerals “not less than one-eighth inch in height,” and the pack date, by month and day or by the day of the year (rules 3.0 to 3.2). No source read says whether rule 3.0 reaches an exempt seller on the farm, and the Department’s page does not list a carton label for a farm sale.

The grade and size are a separate mark: “Every case, carton or container of chicken eggs at the time of packing shall have clearly printed thereon, in letters not less than one-fourth inch in height, the grade and the weight designation as specified in section 35-21-102(2), C.R.S.; except that Class I Dealers selling fewer than 250 dozen eggs per month to a farmer’s market, community sustained agriculture organization or directly to the household consumer are exempt from these requirements” (rule 3.4), and the Department lists “Accurate Grade (AA, A, or B)” and “Size” among a Class I producer’s labels. A sell-by date “may, but need not” be printed, and it “shall be no more than 30 days after the pack date” and “preceded by the term SELL BY or EXP” (rule 3.3); the Department says “No expiration date is required; but if one is used, it may only be 30 days past the pack date.” The rule also says “No eggs may be offered for sale or sold to a consumer or restaurant more than 45 days after the pack date” (rule 4.1).

Reusing cartons: the rule says “It is unlawful for any person to sell or offer for sale eggs in any case, carton, or container on which there is evidence of adhering filth or contamination on the inside or outside thereof, or in any case, carton, or container on which there is printed, stamped, or affixed any trademark, design, or other identification of any person other than the person selling such eggs” (rule 4.2), and the Department says a Class I license needs “clean cartons which do not have any previous producer’s identification on them.” A store brand is on its face another person’s identification, and the seller’s own name is not. No source read says whether rule 4.2 binds an exempt seller, whose exemption is from “this part 1.”

Listing and online: the Department of Public Health and Environment’s cottage-foods page says “Yes, internet sales are allowed. The mechanism of direct product delivery can be determined between the producer and the informed end consumer as long as it does not involve interstate commerce.” That answer is about Cottage Foods sales, and no source read says it carries to an egg sale under 35-21-105. Rules 4.1 and 4.2 do not say whether a listed price is an “offer for sale,” and no Egg Law source says whether an online arrangement with pickup on the farm is still a sale “on the premises at which the poultry eggs were produced” (35-21-105(1)(a)).

Source: C.R.S. Title 35, art. 21, 8 CCR 1202-10, CDA, Egg Producers and 21 CFR 101.17(h).

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

The Department says so for a small flock: “All eggs offered for sale must be kept under refrigeration between 33°F and 41°F.” The Egg Law says “All eggs shall be kept under adequate refrigeration. The refrigeration shall be such that the temperature of the eggs does not exceed the temperature established in rules adopted by the commissioner pursuant to section 35-21-106 (1)” (35-21-103(2)), and the rule says “Every dealer shall store, display, or otherwise maintain eggs at an ambient temperature of no more than forty-one degrees Fahrenheit (41° F), and no less than thirty-three degrees Fahrenheit (33° F)” (8 CCR 1202-10, rule 1.1). A “dealer” is “any person who is engaged in selling poultry eggs or other eggs” (35-21-101(6)). The rule’s temperature is ambient, the statute’s is the eggs’. Section 103 is in “this part 1,” from which 35-21-105(1)(a) exempts a seller, and 105(2)(a) brings back “any rules, including rules requiring refrigeration” for a person transporting eggs to a market. For a sale on the farm the Department’s page says eggs offered for sale are kept at 33°F to 41°F, and the statute and the rule do not say in terms that they reach an exempt seller.

The rule sets other numbers for a delivery vehicle. “Except as provided in 1.3.2 below,” trucks must be equipped to hold “no more than forty-five degrees Fahrenheit (45° F), and no less than thirty-three degrees Fahrenheit (33° F)” (rule 1.3.1), and “Any person transporting for resale not more than two (2) cases of eggs (totaling not more than sixty dozen eggs)” may use equipment other than a refrigeration unit that keeps the eggs at an ambient temperature of no more than 45° and no less than 33° (rule 1.3.2). The Department’s page gives 33°F to 41°F for eggs carried to a market. The two are not reconciled in the sources read.

Source: C.R.S. Title 35, art. 21, 8 CCR 1202-10 and CDA, Egg Producers.

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

The Egg Law reaches them, and the exemption’s words do not. “Other eggs” means “the eggs with a shell of any avian species, as designated by the commissioner by rule, other than the domesticated chicken” (35-21-101(13.5)), and the license is for “Every person selling poultry eggs or other eggs” (35-21-104(1)). The exemption in 35-21-105(1)(a) is for “poultry eggs,” which are chicken eggs (35-21-101(15)). For other eggs the Law says “The commissioner may promulgate rules exempting small producers of other eggs or dealers of other eggs from any provision of this part 1 and setting the conditions for the exemption” (35-21-105(1)(b)), and no rule read does that: the Department’s rule says “Eggs from avian species other than chickens are exempt from size and grade requirements” (8 CCR 1202-10, rule 3.4.1) and no more.

The Department’s eggs page says “Producers of other avian species eggs must comply with current egg regulations such as licensing, storage/transport, temperatures, cleaning/sanitizing eggs, and using egg cartons that are labeled in accordance with the rules. Eggs from other avian species are not required to be graded or sized.” It names “duck, turkey, quail, and guinea hens.” The same page also says “any person who produces and sells less than 250 dozen per month is exempted from licensing with the State of Colorado,” without saying chicken. Which of the two governs a small duck or quail seller is not settled, and the Cottage Foods Act’s “whole eggs” does not say which birds either. Ask the Department of Agriculture.

Source: C.R.S. Title 35, art. 21, C.R.S. Title 25, art. 4, 8 CCR 1202-10 and CDA, Eggs.

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

The Department says all eggs offered for sale are washed: “All eggs offered for sale must be washed according to the guidelines found below.” The rule’s washing steps apply to “All Class I Dealers and persons who produce and sell eggs at a farmers market or community supported agricultural organization”: potable water, wash water “at a minimum temperature of 110° F,” a rinse “at a minimum temperature of 115° F,” and a sanitizer labelled for eggs, chlorine at “not less than 100 PPM nor more than 200 PPM of available chlorine” (8 CCR 1202-10, rule 2.2). The rule does not name a sale on the farm, and the Department’s 2014 statement of basis for adopting it says “Currently small flock egg producers (fewer than 3,000 hens) are not required to wash and sanitize their eggs.” Whether a farm seller is held to rule 2.2 is not said outside the Department’s page.

Candling and grading are in the Egg Law’s first section: “All shell eggs shall be edible eggs, and shall be candled and graded into Colorado consumer grades” (35-21-102(1)). Section 102 is in “this part 1,” which 35-21-105(1)(a) excepts a small seller from, and the sale-at-a-market sentence in 105(2) does not mention candling. The Department’s page says “All eggs destined for sale off-farm must be candled using a device sufficient to view the interior of the egg,” and, in its section on grading, “Before being sold in Colorado, all eggs shall be graded into Colorado consumer grades and weight classes which are based on USDA standards of quality.” Its small-flock paragraph for an exempt seller does not list candling or grading, and the rule excuses a Class I dealer selling under 250 dozen a month to a market, a CSA or a household from the grade and size mark (rule 3.4). Whether an exempt seller candles and grades before selling at a market is open. The Department says an on-farm inspection for a Class I license involves “Verification that all eggs are candled and graded before being packed.”

Source: C.R.S. Title 35, art. 21, 8 CCR 1202-10 and CDA, Egg Producers.