Can I sell eggs in Kansas?

Do I need a license to sell eggs in Kansas?

Not an egg license, for ungraded eggs from your own flock in two bands. The Kansas egg law: “A producer of eggs when selling ungraded eggs of the producer’s own flock production is exempted from the provisions of this act if: (A) The producer owns 50 or fewer hens; or (B) (i) The producer owns more than 50 hens but fewer than 250 hens; (ii) eggs are washed and clean; (iii) eggs are prepackaged and labeled as ungraded with the name and address of the producer; (iv) cartons are not reused unless all brand markings and other identification is obliterated and the carton is free of foreign material; (v) sales are to consumers only; and (vi) eggs are maintained at a temperature of 45° Fahrenheit or below” (K.S.A. 2-2508(d)(1)). The Department of Agriculture’s small-flock fact sheet, dated May 2016, says the same in two lines: a flock of 50 or fewer hens selling directly to the end consumer is “exempt from all requirements,” and one of 51 to 250 hens meets the conditions above.

The Department’s pages word the top of the second band differently. Its egg license page says “exempted from the egg license if the producer owns 250 or fewer hens” and its fact sheet says “51 to 250 hens,” where the statute says “fewer than 250.” K-State Research and Extension’s guide, revised January 2026, says “51 to 249 hens” and “If you have 250 or more hens: You are required to obtain a Kansas Egg License, sell only graded eggs, and pay inspection fees.” They part at a flock of exactly 250. Ask the Department.

Otherwise, an egg license, for anyone who sells graded eggs, sells to anyone but the end consumer, or grades eggs. The statute: “Any person selling, offering or exposing for sale or distributing or grading eggs in this state shall first obtain a license for such person’s place of business from the secretary” (K.S.A. 2-2508(a)). The license runs to December 31 of the year it is issued and is posted at the place of business. The statute caps the fee at $25, and the Department’s license page and the regulations’ copy it posts say $5 a year (K.A.R. 4-11-15). The Department’s licensed-producer fact sheet: the law “requires an egg producer license to sell graded eggs or to sell eggs to other than the end consumer, regardless of the size of the production flock.” A small flock that chooses to sell graded eggs is allowed to, “if in compliance with this act” (K.S.A. 2-2508(d)(2)). The fact sheet also warns that ungraded eggs in a used carton with its markings left on are “representing your eggs as graded,” which “may subject you to the requirements of the Kansas Egg Law including licensing and paying the egg inspection fee.”

The food-safety side is the same Department’s. Its farmers’ market page says “Retail food sales are regulated by the Kansas Department of Agriculture.” Kansas’s food-safety statute defines a “food establishment” as “any place in which food is prepared, served or offered for sale or service on the premises or elsewhere,” lists “roadside stands,” and leaves out only “roadside markets that offer only whole fresh fruits, nuts and vegetables for sale” (K.S.A. 65-656(v)). It excuses from a food-establishment license “a person who produces food for distribution directly to the end consumer, if such food does not require time and temperature control for safety or specialized processing, as determined by the secretary” (K.S.A. 65-689(d)(4)). The sources read do not say whether a farm’s egg stand off a market is a food establishment or whether that exemption reaches it, and the Department’s market page lists eggs among the foods that “require temperature control for safety” while also letting small flocks sell ungraded eggs at a market. The small-flock fact sheet adds that the Kansas Food, Drug, and Cosmetic Act “gives KDA jurisdiction over all food being produced or sold in Kansas” and that it “will investigate any complaints that food is not safe or not in compliance with Kansas law.” Ask the Department.

Source: K.S.A. 2-2508, Kansas Department of Agriculture, License Information for Egg Sales, KDA Egg Fact Sheet for Small Flocks/Farmers Market, KDA Licensed Egg Producer Fact Sheet, K.A.R. 4-11, K-State Research and Extension, Foods Sold Directly to Consumers in Kansas (MF3138), KDA Food Sales at Farmers’ Markets & Similar Locations, K.S.A. 65-656 and K.S.A. 65-689.

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

The limit is hens, not dozens. The exemption covers a producer who “owns 50 or fewer hens,” or “more than 50 hens but fewer than 250 hens” on the conditions above (K.S.A. 2-2508(d)(1)). No dozen limit is in the statute, the Department’s pages or K-State’s guide. A producer over the line is not excused from the act: eggs are candled and graded, sold with an egg license, and carry the inspection fee (K.S.A. 2-2503, 2-2507). Selling graded eggs is not capped either. The inspection fee is “3.5 mills for each dozen eggs” on graded eggs sold to “food purveyors or retailers,” a minimum of $15 a quarter for a permit holder (K.S.A. 2-2507). The Department’s licensed-producer sheet says a producer who sells graded eggs to the end consumer pays it too, where the statute’s words are eggs sold or distributed “to food purveyors or retailers.”

The statute counts hens the producer “owns.” The sources read do not say how a flock is counted: hens in lay against all hens, pullets, a flock kept on more than one farm, or ducks and quail. Ask the Department.

The federal line is separate: 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” (21 CFR 118.1).

Source: K.S.A. 2-2508, K.S.A. 2-2507, K.S.A. 2-2503, KDA Egg Fact Sheet for Small Flocks/Farmers Market, K-State Research and Extension, Foods Sold Directly to Consumers in Kansas (MF3138) and 21 CFR 118.1.

Can I sell eggs at a farmers market in Kansas?

Yes, if you are in the ungraded bands. The Department’s farmers’ market page: “Ungraded eggs may be sold by small producers (51 to 250 hens) if maintained at 45°F or less. Very small producers (1-50 hens) do not have to maintain eggs at 45°F or less, but it is strongly recommended to reduce the chance of illness.” Sales are “to consumers only” for the second band (K.S.A. 2-2508(d)(1)), and the page adds “The person selling the food may not relinquish physical control of the product except to the end consumer,” so a booth left with someone else, or eggs on consignment, is outside what it describes.

K-State’s guide says what the second band looks like at a stall: eggs at or below 45°F “when transporting, storing and displaying,” which “requires that eggs are in a cooler or similar temperature-controlled container”; an open carton on the table only if the eggs are hard-boiled and cooled and the sign says “For display only. Not for sale”; a reused carton clean and free of foreign material with every wrong name, grade and date marked out; and eggs “washed and cleaned before sale.” With 250 or more hens the guide says a Kansas egg license, graded eggs and the inspection fee.

The Department’s page says internet sales, shipping included, are allowed under the license exemption for foods that need no temperature control, and lists eggs among the foods that do. The sources read do not say whether an egg request made online and picked up at a market is a sale at a market, and they do not mention a city or county permit for a market stall. Ask the Department and the market.

Source: KDA Food Sales at Farmers’ Markets & Similar Locations, K.S.A. 2-2508 and K-State Research and Extension, Foods Sold Directly to Consumers in Kansas (MF3138).

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

Yes, with an egg license, and graded. The Department’s license page: “All eggs sold to restaurants or grocery stores must meet at least Grade B requirements.” Its licensed-producer fact sheet says a producer who sells “eggs to grocery stores, restaurants, or institutions” pays the egg inspection fee in addition to the $5 license: 3.5 mills ($0.0035) a dozen, by stamp on each carton or quarterly on a permit, with a $15 minimum a quarter. A licensee keeps for three years the records that verify the quantity of eggs bought, sold or offered (K.S.A. 2-2508(c)). K-State’s guide says sales under the small-flock exemptions “are allowed concurrently with the licensed sales.”

A restaurant is not a consumer under the statute: a “consumer” is a person who buys eggs “for personal consumption and not for resale,” and a “food purveyor” includes “retailers, restaurants, cafes, cafeterias, hotels, institutions or other places where eggs are served in the shell or broken out for immediate consumption” (K.S.A. 2-2501). The exemption’s second band is limited to “sales … to consumers only.” The first band lists no buyer, and the Department says “directly to the end consumer” for both, and K-State says a flock of 50 or fewer is exempt “unless you choose to grade your eggs or sell them for resale or use in a food establishment.” The statute’s first band names no buyer, and the sources read do not say whether the Department’s “end consumer” limit is a rule or its reading of the statute. Ask the Department.

Source: Kansas Department of Agriculture, License Information for Egg Sales, KDA Licensed Egg Producer Fact Sheet, K.S.A. 2-2501, K.S.A. 2-2507, K.S.A. 2-2508 and K-State Research and Extension, Foods Sold Directly to Consumers in Kansas (MF3138).

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

For a flock of 50 or fewer selling ungraded eggs, no carton rule: the small-flock fact sheet says such a producer is “exempt from all requirements,” with the one warning above about a used carton whose markings are left on. For 51 to fewer than 250 hens, the carton is “labeled as ungraded with the name and address of the producer,” eggs are “prepackaged,” and a carton is reused only if “all brand markings and other identification is obliterated and the carton is free of foreign material” (K.S.A. 2-2508(d)(1)). K-State’s guide also asks every carton for the quantity of eggs and, for an egg other than a chicken’s, its identity; the statute’s list for this band does not, and the sources read do not say whether the added items are required. Federal rules put the "Safe Handling Instructions" statement on every carton of shell eggs (21 CFR 101.17(h)).

For graded eggs, each container carries the size and quality “in boldface type letters not less than ⅜ inch in height,” the identity of eggs other than chicken, “name and address of either the packer, the person for whom the eggs are packed or the retailer if the eggs have been repacked,” the pack date, the statement “Keep refrigerated at or below 45° Fahrenheit” on the outside and “to prevent illness from bacteria: Keep eggs refrigerated, cook eggs until yolks are firm, and cook foods containing eggs thoroughly” inside or out, and an expiration date preceded by “exp,” “sell by,” “use by” or similar language, in English (K.S.A. 2-2509). The Department’s sheet adds that the date “should not exceed pack date by more than 45 days.” The regulations’ copy the Department posts says the word “fresh” on a label is false unless the eggs are grade A or AA (K.A.R. 4-11-3).

On a price: “advertise graded eggs in a manner which indicates price without also indicating the full, correct and unabbreviated designation of size and quality” is a violation of the act (K.S.A. 2-2503(e)), and the regulations’ copy says “Eggs advertised in a manner which indicates prices shall also indicate the full, correct and unabbreviated designation of size and quality to which the price refers,” defining an “advertisement” to include a “radio, internet, or television advertisement” (K.A.R. 4-11-2, 4-11-4). The statute’s words are about graded eggs, and an exempt producer is “exempted from the provisions of this act.” The sources read do not say whether a listing that shows a price per dozen for ungraded eggs is an advertisement that must carry a size and quality, or whether the regulations reach an exempt producer at all. Ask the Department.

Source: K.S.A. 2-2508, K.S.A. 2-2509, K.S.A. 2-2503, KDA Egg Fact Sheet for Small Flocks/Farmers Market, KDA Licensed Egg Producer Fact Sheet, K.A.R. 4-11, K-State Research and Extension, Foods Sold Directly to Consumers in Kansas (MF3138) and 21 CFR 101.17(h).

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

It depends on the band. For 51 to fewer than 250 hens selling ungraded eggs, yes: “eggs are maintained at a temperature of 45° Fahrenheit or below” (K.S.A. 2-2508(d)(1)), and the Department’s market page says the same. For 50 or fewer hens the Department’s market page says very small producers “do not have to maintain eggs at 45°F or less, but it is strongly recommended to reduce the chance of illness,” and K-State’s guide says the same.

For graded eggs, holding eggs “at an ambient temperature higher than 45° Fahrenheit after being received at the point of first purchase or assembly” is a violation (K.S.A. 2-2503(f)), and the carton says “Keep refrigerated at or below 45° Fahrenheit” (K.S.A. 2-2509). The regulations’ copy defines the point of first purchase or assembly as a place of business of a person “purchasing or assembling eggs from the producer” (K.A.R. 4-11-2), and the sources read do not say whether that reaches a producer’s own eggs before sale. Ask the Department.

Source: K.S.A. 2-2508, K.S.A. 2-2503, K.S.A. 2-2509, KDA Food Sales at Farmers’ Markets & Similar Locations, K.A.R. 4-11 and K-State Research and Extension, Foods Sold Directly to Consumers in Kansas (MF3138).

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

Yes, and the same egg law reaches them. “Eggs” means “eggs in the shell that are the product of the domesticated chicken, turkey, goose, guinea and any other eggs offered for sale for human consumption,” balut excluded (K.S.A. 2-2501). The Department: “Only chicken eggs have size and grade specifications. All other egg varieties must be labeled with egg type (duck, goose, quail, etc.).” K-State’s guide: “Eggs other than chicken eggs: Can be sold and must meet the same requirements as listed above for each flock size but can only be sold ungraded.”

The statute’s bands are counted in “hens.” The sources read do not say how a flock of ducks or quail is counted against them, or how a farm over 250 birds that has only ungraded, non-chicken eggs is served, since K-State says a flock of 250 or more sells graded eggs only and the Department says such eggs have no grade. Ask the Department.

Balut, a fertile egg incubated for less than the time it takes to hatch, is a separate case: refrigerated at 45°F or less, labeled as an embryonated egg (K.S.A. 2-2513).

Source: K.S.A. 2-2501, K.S.A. 2-2513, KDA Licensed Egg Producer Fact Sheet and K-State Research and Extension, Foods Sold Directly to Consumers in Kansas (MF3138).

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

Wash, in the second band: “eggs are washed and clean” is one of its conditions (K.S.A. 2-2508(d)(1)(B)), and K-State’s guide says “Eggs must be washed and cleaned before sale.” The sources read give no Kansas method for washing: no water temperature, sanitizer or rinse. For 50 or fewer hens the Department’s fact sheet lists no requirement, washing included. Ask the Department.

Candle and grade, for everyone outside the exemption. It is a violation of the act to “offer eggs for sale that have not been candled and graded” (K.S.A. 2-2503(m)), and the standards are the USDA’s: the regulations’ copy the Department posts adopts sections 56.200 through 56.217, except 56.215, of “United States standards, grades, and weight classes for shell eggs,” AMS 56, effective July 20, 2000, for “all eggs regulated pursuant to the Kansas egg law” (K.A.R. 4-11-14). The Department’s licensed-producer sheet: “There are no specific requirements for egg graders. However, all eggs must meet the size and grade requirements in USDA AMS 56 (July 2000).” Its license page points a first-time grader to the USDA Egg-Grading Manual, a federal handbook and not a Kansas rule.

The official Kansas Administrative Regulations are published by the Secretary of State, whose portal asks for a human check the sources here could not pass, so the regulations above are the Department’s own posted copy, dated February 2007, and it says it is “not the official regulations of the State.”

Source: K.S.A. 2-2508, K.S.A. 2-2503, K.A.R. 4-11, KDA Licensed Egg Producer Fact Sheet, Kansas Department of Agriculture, License Information for Egg Sales, K-State Research and Extension, Foods Sold Directly to Consumers in Kansas (MF3138) and USDA Egg-Grading Manual.