Can I sell eggs in Minnesota?

Do I need a license to sell eggs in Minnesota?

Not a food handler license, for eggs from your own flock. Minnesota’s licensing law “shall not apply” to “Persons selling the products of the farm or garden occupied and cultivated by them” (Minn. Stat. §28A.15, subd. 2), and the egg chapter says a producer “when selling shell eggs produced on a farm occupied and cultivated by the producer” is not a “person” under sections 29.21 to 29.27 (§29.21, subd. 1). The Department says “Most Minnesota producers selling eggs from their own flock do not need a food handler’s license and operate on a small enough scale that they also do not need to have their facility inspected,” and its exclusions page lists “Eggs, meat, and poultry” among the products of the farm or garden that need no food license. Eggs are not a cottage food: the cottage-food page says “meat, poultry, fish, or unbaked eggs and dairy are not allowable items.”

Registration is a separate step, and the sources are not firm on it. The Department’s page says a producer who sells to food facilities “or to consumers away from the premises of your farm” is “encouraged to register with the MDA”; its 2021 guide says such producers “are asked to register,” at no fee, and given a certificate “to show to customers.” The page says a producer registers online, under “Egg/Poultry/Rabbit Exemption,” and must “verify that they meet the licensing exemption criteria.” The statutes read do not require registration or say what a farm that does not register loses. Ask the Department.

Once the eggs are not your own, a license is involved. The Department’s guide says a seller “will need an approved facility and a food license issued by the MDA or one of its delegated authority agencies if eggs are purchased from someone else, then resold (e.g., if a CSA purchases eggs from another farmer and provides those purchased eggs to the CSA members).” The statute’s “egg handler” is “a person who buys, sells, transports, stores, processes, or in any other way receives or has shell eggs,” and “includes farmers who sell candled and graded eggs off their premises” (§29.21, subd. 6). The sources read do not say how that sentence fits the same section’s exclusion of a producer selling eggs from the producer’s own farm. An egg handler pays an annual inspection fee on top of the food handler license (§29.22, subd. 2).

A city, county or delegated agency is a further question. The Department’s guide names “delegated authority agencies” for food licenses, and the health licensing chapter’s exemptions (Minn. Stat. §157.22) do not mention eggs or a farm. The sources read do not say whether a city or county health authority asks anything of a farm’s egg stand or a market stall. Ask the Department.

Source: Minn. Stat. §28A.15, Minn. Stat. ch. 29, Minn. Stat. §157.22, MDA, Sale of Eggs in Minnesota, MDA, Food Licensing Exclusions and Exemptions and MDA, Safely Selling or Buying Locally Produced Eggs (2021).

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

The lines are on the flock, at 3,000 laying hens, and neither is a limit on sales. The Department’s page says a producer selling from the farm “you are excluded from licensing and are exempt from inspection as long as you have fewer than 3,000 layers,” and that “Producers with more than 3,000 laying fowl are subject to the USDA Shell Egg Surveillance program.” Its guide says a producer with “fewer than 3,000 laying hens” is also excluded from that program. The sources read do not say which side of the line a flock of exactly 3,000 falls on. The statute’s own exclusion for products of the farm (§28A.15, subd. 2) names no hen or dozen limit.

A federal rule draws a line at 3,000 hens too: FDA’s egg safety rule covers a producer with 3,000 or more laying hens “that does not sell all of your eggs directly to consumers” (21 CFR 118.1). The egg chapter’s fee schedule counts “cases” of 30 dozen (Minn. Stat. §29.22, subd. 2), but that is the inspection fee for a licensed egg handler, not a cap on a producer. No weekly dozen line is in the sources read.

Source: Minn. Stat. §28A.15, Minn. Stat. ch. 29, MDA, Sale of Eggs in Minnesota, MDA, Safely Selling or Buying Locally Produced Eggs (2021) and 21 CFR 118.1.

Can I sell eggs at a farmers market in Minnesota?

Yes, and the Department holds a market sale to the away-from-the-farm rules. Its page says “The requirements for selling your eggs at a farmers’ market are the same as they would be if you were selling eggs to a food facility such as a restaurant or grocery store”: eggs cleaned by approved methods, candled and graded, kept at 45°F or below after grading, and cartons labeled (see the carton answer). Its guide says “For sales of eggs away from the producer’s premises, whether to food facilities or directly to consumers at places like farmers’ markets, producers must follow state regulations for shell egg handling, labeling, and storage.” The Department asks such a producer to register.

The line is where the eggs change hands. The page says “If customers are picking up the eggs at a location other than your farm (i.e., the sale is occurring away from the farm premises), you must meet the requirements” for sales away from the farm, so a pickup at a drop point or a market table is an away-from-the-farm sale, and a pickup at the farm is not. The sources read do not mention an online listing or request. The food law’s definition of “sell” is broad: “keeping, offering, or exposing for sale” and “soliciting” count (Minn. Stat. §34A.01, subd. 12), and the guide, quoting it, says a sale is “Any situation in which a food product changes hands.” They do not say whether a sale that is requested online and picked up at the farm is judged where it is requested or where the eggs change hands. Ask the Department.

What a market or a city adds is unread. The Department’s pages read do not say whether a market manager, a city or a county health authority asks a stall selling only eggs for a license or a permit; the Department of Health’s farmers market guidance could not be found on its site. Ask the Department, and the market.

Source: Minn. Stat. §28A.15, Minn. Stat. §34A.01, MDA, Sale of Eggs in Minnesota and MDA, Safely Selling or Buying Locally Produced Eggs (2021).

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

Yes, on the same away-from-the-farm rules, with no license of your own for your own eggs. The Department’s page says “Producers selling a product of their own farm or garden are generally excluded from licensing. If you plan to sell eggs to food facilities or to consumers away from the premises of your farm, you are encouraged to register with the MDA,” and lists the basics: clean eggs, candled and graded, 45°F or below, and the labeled carton. Its guide says a food facility may buy from a farmer, a CSA or an individual selling eggs “from their own flock,” an “approved source,” “provided regulatory requirements prior to sale are met,” and suggests a receipt with the purchase details. Eggs a buyer grades itself put the buyer under the USDA Shell Egg Surveillance program, per the guide.

The other direction is a license. A seller who buys eggs from another farm and resells them, a CSA for one, takes a food license from the Department or a delegated agency (see the license answer). The statute also bars selling checks and dirties as shell eggs except to a licensed egg breaker, or by a producer of the producer’s own eggs “on the producer’s premises directly to a household consumer for the consumer’s own personal use” (Minn. Stat. §29.235, subd. 1).

Source: Minn. Stat. ch. 29, MDA, Sale of Eggs in Minnesota and MDA, Safely Selling or Buying Locally Produced Eggs (2021).

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

For a sale away from the farm, the Department’s page lists six things on “Containers (cartons, flats, and cases)”: the grade and size of the eggs; your name, address and zip code; the statement “Perishable. Keep Refrigerated.”; a pack date in Julian form (the day of the year); a freshness date “not to exceed 30 days from the date of pack,” with an explanation such as “exp.” or “Best if used by”; and the safe-handling statement “To prevent illness from bacteria: Keep eggs refrigerated, cook eggs until yolks are firm, and cook foods containing eggs thoroughly.” The 2021 guide says the same and adds the type of egg (chicken, duck, quail), that the information may be “on a sign or placard clearly displayed in front of or next to the eggs being sold,” and a freshness date “not to exceed 30 days for Grade AA and 45 days for Grade A from the pack date.” The rule asks for the product identity, the grade and size, a name and address, “packed for” or “distributed by,” the refrigeration statement, and the pack and quality assurance dates, in letters of a stated height, with grade and size not abbreviated (Minn. R. 1520.1600, 1520.1900). The statute puts “Perishable. Keep Refrigerated.” on “All eggs offered for sale in cartons, boxes or cases” (Minn. Stat. §29.235, subd. 2). Federal rules put the "Safe Handling Instructions" statement on every carton of shell eggs (21 CFR 101.17(h)).

The sources differ on two points. The page says 30 days from the pack date and the guide says 30 for Grade AA and 45 for Grade A; the statute says Grade AA eggs lose their grade 31 days past the pack date and Grade A 46 days (§29.26). The sources read do not say which an exempt seller follows. And they do not say plainly what a farm selling only at home puts on a carton. The guide says “Sales of eggs to customers who come to the producer’s premises are exempt from the egg handling regulations described in this fact sheet; however, it is still a good idea to follow these regulations,” while the page says such producers “must still follow state regulations for handling, labeling, and storage.” Ask the Department.

Reusing cartons: the Department says they “may be reused” if clean and kept “in a sanitary manner,” and that you “must apply the required labeling information to the cartons and cover or cross out any claims or label information not pertaining to the eggs in the carton.” The word “fresh” is limited to Grade AA, A or B eggs not older than 30 days from grading (Minn. R. 1520.2000).

On listings: the rule says “Any advertisement of eggs for a price must plainly and conspicuously indicate the grade and size” (Minn. R. 1520.1700). The sources read do not say whether a farm’s online listing or list of what it has today is an advertisement under that line, or whether it reaches a farm selling only at home. A farm that posts a price should ask the Department.

Source: Minn. Stat. ch. 29, Minn. R. ch. 1520, MDA, Sale of Eggs in Minnesota, MDA, Safely Selling or Buying Locally Produced Eggs (2021) and 21 CFR 101.17(h).

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

For a sale away from the farm, 45°F. The Department’s page says “Eggs must be refrigerated at 45 degrees F or less after grading and be maintained at that temperature during storage,” and its guide adds “Mechanical refrigeration is required unless the product is delivered within four hours. Ice packs may be used to maintain temperature provided the product is delivered and sold in a combined total of four hours or less. If the eggs are not sold or returned to refrigeration within four hours, they must be disposed of.”

The statute and rule word it for handlers. Eggs “must be held at a temperature not to exceed 45 degrees Fahrenheit” after being received by an egg handler, and eggs “offered for sale by a retail food handler” and “in possession of the retailer” likewise (Minn. Stat. §29.23, subd. 3; §29.26). The rule asks a handler for storage holding “45 degrees Fahrenheit” or less for processed eggs “or 50 degrees Fahrenheit (ten degrees centigrade) or less for unprocessed eggs,” and an enclosed truck at 45°F (Minn. R. 1520.0400). The sources read do not say whether those reach a producer selling only on the farm, or how 50°F for unprocessed eggs fits the Department’s 45°F. Ask the Department.

Source: Minn. Stat. ch. 29, Minn. R. ch. 1520, MDA, Sale of Eggs in Minnesota and MDA, Safely Selling or Buying Locally Produced Eggs (2021).

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

Yes. The Department’s page says “You may sell eggs from any domesticated fowl, including chicken, turkey, duck, goose, and other species,” and its guide defines a shell egg as an “avian (e.g., chicken, duck, quail)” egg. The guide asks the carton to give the “Grade, size, and type (e.g., chicken, duck, quail) of eggs,” and says “Weight classes apply for chicken eggs only.”

The sources read do not say what grade a duck or quail egg takes, under the rule’s consumer grades (Minn. R. 1520.1200) or the federal standards the statute adopts (Minn. Stat. §29.237). Ask the Department.

Source: Minn. Stat. ch. 29, Minn. R. ch. 1520, MDA, Sale of Eggs in Minnesota and MDA, Safely Selling or Buying Locally Produced Eggs (2021).

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

For a sale away from the farm, you dry-clean and candle. The Department’s page says “Eggs must be clean and free of debris prior to sale. Dry cleaning with an abrasive material such as sandpaper is generally recommended. Wet cleaning using rags, sponges, or other devices to scrub or wipe by hand is prohibited,” and “All eggs must be candled and graded.” The rule bars hand wet-cleaning and immersion washers and allows dry cleaning with abrasive material; a washer must run wash water that is potable, at least 90°F and “at least 20 degrees Fahrenheit” warmer than the eggs, a rinse 10°F warmer than the wash, and a spray rinse of 50 to 200 parts per million of chlorine (Minn. R. 1520.0500). The guide says sanitizing after dry cleaning is not required, sizes eggs by the weight of a dozen (Jumbo 30 ounces down to Small 18), and says defective eggs found in candling “must be disposed of.”

Whether a farm selling only at home does any of it is unsettled in the sources read. The guide says sales to customers who come to the premises are exempt from the egg handling rules it describes, and the page says “Egg sales made directly to the consumer from the farm are permitted,” while also saying such producers “must still follow state regulations for handling, labeling, and storage.” The retail-grade statute says “All eggs sold or offered for sale at retail must have been candled and graded” and none “as ‘ungraded’” (Minn. Stat. §29.26), and the sources read do not say whether it reaches a producer the same chapter excludes from “person” (§29.21, subd. 1). Ask the Department.

Two kinds of eggs are restricted. Eggs that are inedible or adulterated may not be sold (Minn. Stat. §29.24), and checks and dirties may not be sold as shell eggs, except by a producer of the producer’s own eggs, on the premises, to a household consumer for personal use (§29.235, subd. 1).

Source: Minn. Stat. ch. 29, Minn. R. ch. 1520, MDA, Sale of Eggs in Minnesota and MDA, Safely Selling or Buying Locally Produced Eggs (2021).