Can I sell eggs in Massachusetts?

Do I need a license to sell eggs in Massachusetts?

The egg sections of Chapter 94 of the General Laws (§§90A to 92A) and the Department of Agricultural Resources’ poultry rule (330 CMR 5.00) set up no license, permit or registration for selling shell eggs from your own hens. The only egg license in the sections read is for “an establishment for the breaking and canning of eggs” (§89). What they ask is a mark. Section 90B says “No person shall sell, or offer or expose for sale, eggs unless the carton or other container thereof contains or bears a proper designation or description relating to the size of such eggs.” Section 90D says the standards for the Massachusetts consumer grades of shell eggs “shall be grade ‘AA’, ‘A’, ‘B’ or ‘not graded’” and that “All eggs for sale at retail within the commonwealth shall be in containers so marked or branded, with letters not less than three-eighths of an inch in height,” and the rule says the same (330 CMR 5.03(1)(a)). The rule defines “not graded” as “any egg which has not been candled to determine if it meets the standard for grade AA, A or B and which is not inedible, a loss or a leaker” (330 CMR 5.03(2)(a)). Eggs unsorted as to size may be sold if the carton is “plainly and conspicuously marked and identified as ‘not sized’” (§90B), and an advertisement at a stated price must then say the eggs are “not sized.” The fine for breaking the size section is not more than $25 for a first offense and not more than $50 for each later one (§90B), and for misbranding eggs not more than $50 and not more than $200 (§90E).

The Department of Public Health’s Retail Food Code is a separate layer. It defines a food establishment as an operation that “stores, prepares, packages, serves, vends food directly to the consumer,” including a “market,” and says the term does not include “An operation stand that only offers whole, uncut fresh fruits and vegetables, unprocessed honey, pure maple products, or farm fresh eggs which are stored and maintained at 45°F (7.2°C) or below” (105 CMR 590.001). Its permit sections say “No permit from the board of health is required” in four cases, each at 45°F or less: for a mobile food operation that “Transports only” those products (590.010(B)); for a temporary food establishment that “only sells” them (590.010(C)); for an “on-farm or off-farm cottage food operation” that “only sells” them (590.010(F)); and “to sell the following products from a public market or farmers market,” farm fresh eggs among them (590.010(D)). An operation that also sells other food is outside the first three. A vendor at a market who sells other food “shall not sell or serve food unless it has been approved to do so and has obtained a valid permit from the board of health” (590.010(D)). The words “farm fresh eggs” are not defined in the sections read, and each exemption runs only while the eggs are kept at 45°F or below (590.001) or less (590.010).

A city or town may add to that. The Department of Public Health’s own answer is that “The State Sanitary Code, which contains the Retail Food Code, is a set of minimum standards. To the extent that a municipality’s regulation or ordinance falls below those standards, the state standard prevails.” The health statute says “Boards of health may make reasonable health regulations” (Chapter 111, §31), and the Retail Food Code lets a board refuse a permit for “Failure to comply with local regulations/ordinances related to the operation of the facility” (105 CMR 590.008). The sources read do not say whether any city or town has a regulation of its own for a farm’s egg stand, and the Department of Agricultural Resources’ sheet for backyard egg producers says “Before selling any eggs, make sure to check with your local Board of Health.” Ask your board of health. On the written request of a board of health or a permit holder, the Director of the Food Protection Program may investigate or advise on how the code reads (105 CMR 590.009(E)).

Hen housing is a third rule. It is a violation to sell within Massachusetts any shell egg that the seller “knows or should know is the product of a Covered Animal that was Confined in a Cruel Manner” (330 CMR 35.04). For an egg-laying hen, that means confinement in anything other than a cage-free housing system, or with less than one square foot of usable floor space per hen in a multi-tiered aviary, a partially-slatted system or another system with unfettered access to vertical space, or 1.5 square feet per hen in a single-level all-litter floor system (330 CMR 35.02, and Acts of 2021, Chapter 108). An egg-laying hen is a chicken, turkey, duck, goose or guinea fowl “kept for the purpose of commercial egg production,” and a sale is “A commercial sale by a business.” The sections read name no smallest flock, and a farm may certify in writing under pains and penalties of perjury that it does not confine its hens that way (330 CMR 35.05). The Department of Agricultural Resources’ 2024 answers to questions on the rule say “Proposed revisions to the regulation are being considered,” and the copy read is dated June 10, 2022. Ask the Department of Agricultural Resources about a small flock.

Source: General Laws ch. 94, §89, General Laws ch. 94, §90B, General Laws ch. 94, §90D, Poultry rule (330 CMR 5.00), General Laws ch. 94, §90E, Retail Food Code (105 CMR 590.000), Department of Public Health, Retail Food Code FAQ, General Laws ch. 111, §31, Department of Agricultural Resources, Safe Egg Handling for Backyard Egg Producers, Farm animal rule (330 CMR 35.00), Acts of 2021, Chapter 108 and Department of Agricultural Resources, 330 CMR 35.00 FAQ.

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

No dozen or hen limit appears in the egg sections of Chapter 94, the poultry rule or the Retail Food Code’s egg exemptions. The marking duties apply to every egg “for sale at retail” whatever the count (§90D), and the health code’s exemption turns on what is sold and how cold it is kept, not on how much (105 CMR 590.010). The numbers in nearby law are for other things: the floor space per hen in the hen housing rule (330 CMR 35.02), and the tolerances for how many eggs in a dozen may fall short of a grade or a freshness description (§90A, 330 CMR 5.03(2)(c)). The sources read say nothing more about how many eggs a farm may sell.

Source: General Laws ch. 94, §90D, Retail Food Code (105 CMR 590.000), Farm animal rule (330 CMR 35.00), General Laws ch. 94, §90A and Poultry rule (330 CMR 5.00).

Can I sell eggs at a farmers market in Massachusetts?

The Retail Food Code says “No permit from the board of health is required to sell the following products from a public market or farmers market,” and lists “Farm fresh eggs which are stored and maintained at 45°F (7.2°C) or less” (105 CMR 590.010(D)). It adds that any other vendor at a market “shall not sell or serve food unless it has been approved to do so and has obtained a valid permit from the board of health.” The grade and size marks are the same at a market as anywhere else (§§90B, 90D).

The Department of Public Health’s questions and answers for events and farmers markets are worded a little differently. They say “Food vendors at events like farmers markets, carnivals, fairs and fundraisers may be required to get a local Temporary Food Establishment permit from the board of health where the event is held,” and among the activities that do not need one they list “Transporting only whole, uncut fresh fruits and vegetables, unprocessed honey, pure maple products, or farm fresh eggs which are stored and maintained at 45°F (7.2°C) or less.” The regulation says “sell” from a market and the answers say “Transporting” by a non-permanent operation, and the answers do not repeat the market exemption in words. The sources read do not describe the rules of any one market, or of the town where a market is held. Ask the market’s manager and the board of health where the market is held.

Source: Retail Food Code (105 CMR 590.000), General Laws ch. 94, §90B, General Laws ch. 94, §90D and Department of Public Health, Events and Farmers Markets Questions and Answers.

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

A sale to a retailer carries an invoice. The rule says “No person shall sell any eggs to a retailer unless upon delivery, an invoice identifying the seller, buyer, grade and size of the eggs is provided to the retailer” (330 CMR 5.03(1)(e)). The size section does not apply to eggs sold at wholesale “unless they are packed in cartons or other containers for resale at retail” (§90B). No license for a farm that sells eggs to a store or restaurant appears in the sections read, and they do not say what a restaurant may accept. The Retail Food Code adopts the FDA’s 2013 Food Code, which the buyer’s inspector applies to the buyer, and this page does not read that code’s own egg rules.

The hen housing rule reaches these sales too. A seller of shell eggs may rely in good faith on a written certification or a written guarantee that the eggs did not come from a hen confined in a cruel manner (330 CMR 35.04(2)), and a farm may give the certification itself (330 CMR 35.05). Ask the Department of Agricultural Resources and the buyer’s board of health about a particular sale.

Source: Poultry rule (330 CMR 5.00), General Laws ch. 94, §90B, General Laws ch. 94, §90A, Retail Food Code (105 CMR 590.000) and Farm animal rule (330 CMR 35.00).

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

The statute and the rule ask for a grade (AA, A, B or “not graded”) and a size (jumbo, extra large, large, medium, pullet or small, peewee, or “not sized”) on the container, the grade in “letters not less than three-eighths of an inch in height” (§§90B, 90D, 330 CMR 5.03(1)(a)). Advertising eggs at a stated price includes the size (§90B) and the grade (§90D, 330 CMR 5.03(1)(c)), and eggs offered in bulk need a sign stating the grade (330 CMR 5.03(1)(d)). A seller who uses a description such as “farm fresh eggs,” “fresh eggs,” “strictly fresh eggs,” “nearby eggs” or “native eggs” must meet the candling specifications of §90A (§90D). Eggs preserved by treating the shells go in a container marked “shell-treated” or “shell-protected” in letters not less than one half inch high (§90A).

The Department of Agricultural Resources’ sheet for backyard egg producers reads a little differently. It says “You may choose to size and grade your eggs or not,” “In any case you must describe what is in the carton,” and “Many small producers choose to identify their eggs as ‘Not Graded and Not Sized.’” It says the description “must be printed on the carton in letters 3/16th of an inch or larger,” where the statute and the rule say three-eighths of an inch for the grade. It asks for a “packed on” or “sell by date” on the end of the carton, the sell by date 30 days after packing, and says the producer’s name, address and phone number “should also be included.” The statute and the rule read do not ask for the date or the name. For cartons, the sheet says “Eggs should be offered for sale in clean unused cartons that are labeled correctly,” and the statute and the rule are silent on reuse. Federal rules put the "Safe Handling Instructions" statement on every carton of shell eggs (21 CFR 101.17(h)). Ask the Department of Agricultural Resources which letter height and which extra items it holds a small flock to.

Source: General Laws ch. 94, §90B, General Laws ch. 94, §90D, Poultry rule (330 CMR 5.00), General Laws ch. 94, §90A, Department of Agricultural Resources, Safe Egg Handling for Backyard Egg Producers and 21 CFR 101.17(h).

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

The Retail Food Code’s exemption from a board of health permit is for “farm fresh eggs which are stored and maintained at 45°F (7.2°C) or below” (105 CMR 590.001), and its permit sections say “or less” (590.010). The Department of Agricultural Resources’ sheet says “Collected eggs must be held between 33°F and 45°F to decrease bacterial growth.” The egg sections of Chapter 94 and the poultry rule set no keeping temperature. The only mention of cold in the sections read is for eggs “which have been in cold storage,” which are sold in a container marked “cold storage eggs” in letters not less than one inch high, or not less than a half inch in uncondensed gothic type on a retail container, on pain of a fine of $10 to $500 (§91).

A federal rule sets the same number: “all shell eggs, whether in intrastate or interstate commerce, held for retail distribution” are stored and displayed under refrigeration at an ambient temperature “not greater than 7.2 °C (45 °F)” while held at a retail establishment, which it defines as “an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption directly to consumers” (21 CFR 115.50). Whether a farm stand is one is for the Department of Public Health and your board of health to say.

Source: Retail Food Code (105 CMR 590.000), Department of Agricultural Resources, Safe Egg Handling for Backyard Egg Producers, General Laws ch. 94, §91 and 21 CFR 115.50.

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

The egg sections say “eggs” without naming a bird: the marking duties cover “All eggs for sale at retail” (§90D). The poultry rule defines poultry as “all domesticated birds, including but not limited to, chickens, turkeys, guineas, exotic and game birds” (330 CMR 5.01), and the Department of Agricultural Resources’ poultry page names “chickens, guinea fowl, peafowl, pheasants, partridges, quail and turkeys.” The hen housing rule names a narrower list: an egg-laying hen is a “domesticated chicken, turkey, duck, goose, or guinea fowl kept for the purpose of commercial egg production” (330 CMR 35.02), which names duck and goose and does not name quail. The sources read do not say how a duck, quail or goose egg is graded under the chicken-egg standards, or whether the Retail Food Code’s “farm fresh eggs” exemption covers them. Ask the Department of Agricultural Resources about the species you raise.

Source: General Laws ch. 94, §90D, Poultry rule (330 CMR 5.00), Department of Agricultural Resources, Poultry Program and Farm animal rule (330 CMR 35.00).

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

Candling decides a grade. Section 90D says the final determination of grades “shall be made by ‘candling,’” and the rule defines “not graded” as an egg “which has not been candled” (330 CMR 5.03(2)(a)). A seller who marks the carton “not graded” therefore need not candle for the grade. A seller who calls the eggs “farm fresh,” “fresh” or any of the other freshness words in §90D must meet §90A, whose specifications are examined “by a method known as ‘candling’”: a clean and sound shell, an air cell not more than a quarter inch deep, a firm and clear white, a yolk not plainly visible and no visible germ development, with up to two eggs in a dozen allowed to vary in listed ways.

The Department of Agricultural Resources’ sheet says “Clean eggs do not need to be washed,” and that “Broken and cracked eggs should be removed from those being offered for sale.” For eggs that need washing it says the water “must be at least 10°F warmer than the egg,” water “must move across the surface of the shell at all times,” and “If the wash water comes from a private well the water must be tested every six months for specific bacteria. These test results must be kept on file for inspection.” An edible egg that does not conform to the grades is to be sold “as checks, cracks, or stains” (§90D), and the rule allows it only to be sold for further processing or “at the site-of-production directly from the producer to the household consumer” (330 CMR 5.03(1)(b)); the sheet says cracked and stained eggs “may be sold from the property where produced, when packed separately and labeled as such.” The rule bars selling a check, stain, inedible egg, loss or leaker as “not graded” (330 CMR 5.03(1)(f)), and the sale of decayed or decomposed eggs for food is prohibited (§92A). The statute and the rule read do not themselves say how an egg is washed. Ask the Department of Agricultural Resources what a small flock is expected to have.

Source: General Laws ch. 94, §90D, Poultry rule (330 CMR 5.00), General Laws ch. 94, §90A, Department of Agricultural Resources, Safe Egg Handling for Backyard Egg Producers and General Laws ch. 94, §92A.