Can I sell eggs in New Mexico?

Do I need a license to sell eggs in New Mexico?

The sources read name a written notice to the Department of Agriculture, with no fee, for a farm selling its own ungraded eggs, and an egg dealer’s license for a person that buys, sells or traffics in more than five cases of eggs in a week. They do not settle how the Egg Grading Act’s own “shall not apply” sentence fits the sections after it, or what the Environment Department asks of a farm’s egg stand.

The exemption is one sentence. NMSA 25-6-6 says “The Egg Grading Act shall not apply to any person selling eggs from his own production when produced from a flock of less than three thousand birds, provided they are sold as ungraded” (“this act” is 25-6-1 to 25-6-16, 25-6-1). “Ungraded eggs” are “eggs that have not been graded according to quality or weight” (25-6-2(H)). Section 25-6-7, inside the same act, then sets conditions on those eggs: “Retailers may sell the eggs specified in Section 25-6-6 NMSA 1978 to consumers only when such eggs on hand, offered or placed on sale are clearly marked ‘ungraded.’ Ungraded eggs shall be cartoned when sold at retail” (25-6-7(A)), and “Any person proposing to sell ungraded eggs shall, prior to any such sale, notify the department in writing of his intent to sell ungraded eggs, specifying his location, the number of laying hens owned or in his possession, the place of production and the general area of the state in which the eggs are to be sold” (25-6-7(B)). Section 25-6-10 adds “Prior to selling eggs in New Mexico the egg producer or egg dealer shall file his intent to sell eggs with the department.” No source read says how a sentence saying the act “shall not apply” fits sections of that act that speak to the same eggs.

The Department’s rule, 21.34.8 NMAC, says “All eggs sold or offered for sale under 25-6-5, NMSA 1978, shall be graded and properly labeled as to size and standards of quality” (21.34.8.9(A)) and “All sizes and standards shall conform with United States department of agriculture standards for consumer grades of shell eggs, excepting those sold as ungraded. Ungraded eggs shall be conspicuously labeled as ‘ungraded eggs,’ and shall conform with the provisions pertaining thereto set forth in 25-6-7, NMSA 1978” (21.34.8.9(B)); its scope is “All producers, dealers and retailers of shell eggs sold or offered for sale in New Mexico” (21.34.8.2). The Department’s Egg Licensing page sets out the section 25-6-7 conditions in its own words under “Ungraded Egg Sales.” Its line A reads “Retailers may sell the eggs specified in section 25-6-6 NMSA 1978 to consumers. This is only when such eggs on hand, offered or placed on sale are clearly marked ‘ungraded.’ Ungraded eggs shall be cartoned when sold at retail.” Its line B reads “Any person proposing to sell ungraded eggs shall, prior to any such sale, notify the department. This must be in writing of their intent to sell. They must specify their location and the number of laying hens owned or in his possession. They must also list their place of production and the general area of the state where the sales occurs.” Its lines C and D, which word 25-6-7(C) and (D) differently, are quoted beside them in the limits answer. The page adds “PLEASE NOTE: There is no fee to register to sell ungraded eggs.” It links an ungraded egg sales registration form that says “This person or firm plans to sell ungraded eggs pursuant to the New Mexico Egg Grading Act, Chapter 25, Article 6, Section 7, NMSA, 1978 Compilation,” and asks for a name, a business name, a telephone number, an e-mail, a mailing address, the “Location of hens,” the “Number of laying hens owned (or in possession)” and the “General area of state where eggs are to be sold.” The Department’s Egg Inspections page, by contrast, says “All eggs sold or offered for sale must be graded and properly labeled as to size and quality” and does not mention ungraded eggs.

The license is a dealer’s. NMSA 25-6-12 says “A small dealer’s license is required of any person that buys, sells or traffics in more than five cases and less than two hundred cases of eggs in any one week,” “A medium dealer’s license is required of any person that buys, sells or traffics in more than two hundred cases and fewer than four hundred cases of eggs in any one week” and “A large dealer’s license is required of any person that buys, sells or traffics in more than four hundred cases of eggs in any one week” (25-6-12(A), (B), (C)). “The annual license fee for each type of dealer is: (1) small dealer $10.00 (2) medium dealer $25.00 (3) large dealer $50.00; provided that the board may index the amount of a fee for inflation until July 1, 2031 using the consumer price index for all urban consumers: all items published by the United States department of labor” (25-6-12(D)). “For the purpose of this section, a ‘case’ consists of thirty dozen eggs” (25-6-12(E)), and “All licenses shall be conspicuously posted in the place of business to which they apply. The license is subject to revocation by the inspectors for cause. All licenses are renewable annually on July 1 and shall expire on June 30 of the succeeding year” (25-6-12(F)). An “egg dealer” “includes any person, firm, partnership or corporation that buys eggs directly from the farmers or from any other sources for the purpose of reselling them at wholesale” (25-6-2(A)), and 25-6-13(A) makes it unlawful “for any person, with the exception of New Mexico egg producers, to sell eggs as a dealer unless such a person has obtained from the department a license to be issued at a price, varying according to the type of dealer.”

The Department’s own papers word the license lines differently from the statute and from each other. Its Egg Licensing page reads, in its line A, “A small dealer’s license is required of any person, firm or corporation who buys, sells or traffics. They must buy, sell, or traffic in over five cases and less than 200 cases of eggs in any week.” In its line B, “A medium-sized dealer’s license is required of any person, firm or corporation who buys, sells or traffics. They must buy, sell, or traffic in over 200 cases and less than 400 cases of eggs in any week.” In its line C, “A large dealer’s license is required of any person, firm or corporation who buys, sells or traffics. They must buy, sell, or traffic in over 400 cases in any one week.” And in its line F, “All licenses shall be conspicuously posted in the place of business to which they apply. The license is subject to revocation by the inspectors for cause. All licenses issued prior to the effective date of the Egg Grading Act expire when the act becomes effective. Thereafter all licenses are renewable annually on July 1 of each year. They shall expire on June 30 of the succeeding year.” The compiled annotation to 25-6-12 says the 2026 amendment (Laws 2026, ch. 13, § 2, dated July 1, 2026) deleted “firm or corporation who” and “medium-sized” from the first three subsections, and from subsection F, after “inspectors for cause,” “All licenses issued prior to the effective date of the Egg Grading Act shall expire when the act becomes effective and thereafter”; the page still prints those words. Its egg dealer license application (valid June 2026 to July 2027) prints “Small Dealer (5 - 200 cases per week) Fee: $10,” “Medium Dealer (201 - 400 cases per week) Fee: $25” and “Large Dealer (Over 401 cases per week) Fee: $50.” The statute names no license for a week of exactly two hundred or exactly four hundred cases, and no source read says whether a farm that sells its own graded eggs by the case takes the license: 25-6-12 says “any person,” while 25-6-13(A) excepts “New Mexico egg producers” from selling “as a dealer.”

What the Environment Department asks of a farm’s egg stand is not in the sources read. The Homemade Food Act says “The production and sale of homemade food items shall be regulated pursuant to the provisions of the Homemade Food Act and are exempt from other requirements pursuant to the Food Service Sanitation Act [Chapter 25, Article 1 NMSA 1978 ] and the New Mexico Food Act [25-2-1 to 25-2-19 and 25-2-20 NMSA 1978]; provided that: (1) the food items are not-time-and-temperature-control food items,” and five more conditions (25-12-3(A); “this act” is 25-12-1 to 25-12-5). It defines “homemade food item” as “a food item or non-alcoholic beverage that is produced at the private farm, ranch or residence of a processor, including homemade food items that are packaged at the processor's private farm, ranch or residence” (25-12-2(B)) and “to produce” as “to prepare a homemade food item by baking, cooking, cutting, dehydrating, drying, fermenting, growing, mixing, preserving, raising or other process designated by the environmental improvement board by rule” (25-12-2(I)), a list that includes “growing” and “raising.” The text of 25-12-1 to 25-12-5 does not use the word egg. The Environment Department’s Food FAQ says “A potentially hazardous food or PHF is a moist, high protein food on which bacteria can grow most easily. Some examples are dairy products, shelled eggs, meats, poultry, fish, shellfish, heat-treated vegetables (i.e. potatoes, beans, rice, etc.), soy products, oil in garlic, sliced fruits, and raw sprouts (AKA Time and temperature control for safety TCS),” and its Homemade Food Act FAQ (its own text says “Updated August 16, 2021”) says “TCS Foods, alcohol-containing food, or alcoholic beverages may not be produced at a private farm, ranch or residence” without naming eggs. That FAQ’s lists of non-TCS and of TCS examples do not name an egg either, and each says “Please note that this is not an exhaustive list, nor does it dictate what you may or may not sell under the Act” (non-TCS) or “Please note that this is not an exhaustive list, nor does it dictate what you may not produce under the Act” (TCS). No source read says in terms whether a shell egg from a farm’s own hens is a “homemade food item,” whether keeping hens is “raising,” or whether a shelled egg listed by the Food FAQ as a TCS example is a “not-time-and-temperature-control” food, so nothing here says a farm may sell under that act. The Environment Department’s food rule, 7.6.2 NMAC, says a “food establishment” does not include, among sixteen listed operations, “(i) an establishment that offers only prepackaged foods that are not time/temperature control for safety (TCS) foods,” “(ii) a produce stand that only offers whole, uncut fresh fruits and vegetables” and “(xvi) an operation that offers to consumers whole raw agricultural products” (7.6.2.7(B)(5)(b)); no source read says whether a shell egg is one of the “whole raw agricultural products” the rule lists, whether a prepackaged egg is a “TCS” food under (i), or whether an egg stand is a food establishment.

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

Source: NMSA 25-6 (Egg Grading Act), 21.34.8 NMAC, Department of Agriculture Egg Licensing page, Ungraded egg sales registration form, Egg dealer license application, Department of Agriculture Egg Inspections page, NMSA 25-12 (Homemade Food Act), Environment Department Food FAQ, Environment Department Homemade Food Act FAQ and 7.6.2 NMAC (food regulations).

How many eggs can I sell without a license in New Mexico?

For the ungraded exemption the line is the flock, not a weekly amount. NMSA 25-6-6 says “The Egg Grading Act shall not apply to any person selling eggs from his own production when produced from a flock of less than three thousand birds, provided they are sold as ungraded,” so a flock of exactly three thousand birds is not “a flock of less than three thousand birds.” The exemption counts “birds”; the notice asks for “the number of laying hens owned or in his possession” (25-6-7(B)) and the Department’s registration form for the “Number of laying hens owned (or in possession).” No source read says how birds are counted or whether pullets and roosters are among them. The sections read set no dozen, case or weekly line on an ungraded sale; the case lines are the dealer license’s (25-6-12).

A seller cannot mix the two routes on one day’s production. NMSA 25-6-7(C) says “It is unlawful for any person selling any portion of his daily production as graded eggs to sell any portion thereof as ungraded eggs, except that any person may change his sales from graded to ungraded if he notifies the department in writing prior to such change,” and (D) says “It is unlawful for any person selling any portion of his daily production as ungraded eggs to sell any portion thereof as graded eggs, except that any person may change his sales from ungraded to graded eggs if he notifies the department in writing within five days from the date of change.” The Department’s Egg Licensing page words them differently. Its line C reads “It is unlawful for anyone selling any portion of his graded eggs to sell any portion as ungraded eggs. The exception is that any person may change his sales from graded to ungraded if he notifies the department. This must be in writing prior to such change.” Its line D reads “It is unlawful for any person selling any portion of his daily production as ungraded eggs as graded eggs. The exception is that any person may change his sales from ungraded to graded eggs by notifying the department. This must be in writing within five (5) days from the date of change.” The page’s C drops “daily production” and its D drops “to sell any portion thereof”; the statute’s words are the ones above.

The act’s fee has a rate that the rule and the statute state in different units. NMSA 25-6-9 says “The Egg Grading Act shall be financed in part by the collection of a fee on all eggs sold to the retailer or consumer. The fee on eggs being sold to the retailer or consumer shall be one-half cent ($.005) per dozen; provided that the board may index the amount of the fee for inflation until July 1, 2031 using the consumer price index for all urban consumers: all items published by the United States department of labor. The fee shall be paid by the egg dealer or producer who packages the eggs for sale to the retailer or consumer.” Thirty dozen at one-half cent ($.005) a dozen is fifteen cents, so the statute’s rate and the rule’s fifteen cents a case are the same amount; the amount that differs is twelve cents, and the statute’s indexing proviso can move the statute’s figure. The rule, 21.34.7.9 NMAC (the copy the Department’s Egg Inspection Fees link points to, history note 10/7/2025), says “The inspection fee on eggs sold in New Mexico to the retailer or to the consumer shall be fifteen cents (.15) per case of 30 dozen” and “The fee shall be paid by the egg dealer or producer who packages the eggs for sale to the retailer or consumer,” its scope being “All producers, dealers and retailers of shell eggs sold or offered for sale in New Mexico” (21.34.7.2). The State Records Center’s own page for the same part still prints the 1997 text, “The inspection fee on eggs sold in New Mexico to the retailer or to the consumer shall be twelve cents (.12) per case of thirty (30) dozen,” and the Department’s sample quarterly egg report (July, August and September 2017) prints “@ $0.12 per case.” The Department’s rule on reports adds a section that reaches sellers: “The board of regents may require any person who purchases, receives or sells eggs from any source, to file with the department a statement giving the name and address of the party from whom such eggs were obtained, the quantity of each shipment, the date of purchase and any other information deemed essential” (21.34.8.10(A)) and “Any person may be required to notify an inspector of the department immediately upon receipt of shipment of eggs or before sale of eggs” (21.34.8.10(B)). The section names no ungraded exception, and no source read says whether it reaches a seller whose eggs the act “shall not apply” to.

A producer files quarterly. NMSA 25-6-10 says “Each egg dealer or producer shall make quarterly reports to the department not later than thirty days after the end of March, June, September and December for the previous quarter showing the number of dozen eggs sold and remitting the fee as established by the board. The department is empowered to audit the required sales record of any person, firm or corporation coming under the provisions of the Egg Grading Act. These records shall be retained for a period of one year. Failure to submit the sales record on request of the department or its authorized agents is a violation of the Egg Grading Act.” The same act says it “shall not apply” to a small flock’s ungraded eggs (25-6-6), and no source read says whether the fee, the report and the records reach that sale.

The federal egg safety rule starts at 3,000 hens 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.”

Source: NMSA 25-6 (Egg Grading Act), 21.34.7 NMAC, 21.34.8 NMAC, Department of Agriculture Egg Licensing page, Ungraded egg sales registration form, Quarterly egg report sample and 21 CFR 118.1.

Can I sell eggs at a farmers market in New Mexico?

The sources read do not settle it. The Egg Grading Act never names a farmers market, and the health sources read speak of farmers markets only for homemade or home-based food.

The Egg Grading Act’s only “market” is where its inspectors may go: NMSA 25-6-11(B)(1) authorizes them “to enter, on any business day, during the usual hours of business, any store, market or any other business or place where eggs are sold or offered for sale under the provisions of the Egg Grading Act in this state.” The ungraded-egg conditions speak of “Retailers” selling to consumers and of eggs “sold at retail” (25-6-7(A)), and 25-6-4(D) makes it unlawful “to sell uncartoned eggs at retail.” No source read says whether a producer selling at a market stall is a “retailer,” or whether a sale there is a sale “at retail.” The Department’s Egg Licensing page and Egg Inspections page do not use the words farmers market.

The Homemade Food Act names farmers’ markets, for homemade food items only. NMSA 25-12-3(A)(2) lists “the seller sells directly to consumers within the state, including at farmers’ markets, at festivals, on the internet, at roadside stands, at the seller’s home for pick-up or delivery or through mail delivery” among the conditions for a homemade food item, and the Environment Department’s FAQ adds “Homemade items may not be sold to a restaurant, a wholesaler or distributor, or outside the state of New Mexico.” No source read says in terms whether a shell egg is a homemade food item (see the license answer), and the Environment Department’s FAQ lists “shelled eggs” among its examples of time and temperature control for safety foods. The Environment Department’s rule for home-based food processing says “Home-based food processing operations shall only sell their products at farmer’s markets, roadside stands, festivals, or other venues in which the producer sells directly to the consumer” (7.6.2.15(C)(3)); no source read says whether a farm keeping hens is a home-based food processing operation. The Environment Department’s rule for “a food establishment” lists “an operation that offers to consumers whole raw agricultural products” among the operations it does not include (7.6.2.7(B)(5)(b)(xvi)), and no source read says whether a market stall of eggs is one. No city or county health department’s pages were read.

Source: NMSA 25-6 (Egg Grading Act), Department of Agriculture Egg Licensing page, Department of Agriculture Egg Inspections page, NMSA 25-12 (Homemade Food Act), Environment Department Homemade Food Act FAQ, Environment Department Food FAQ and 7.6.2 NMAC (food regulations).

Can I sell eggs to a store or restaurant in New Mexico?

The sources read do not settle it. They speak of a store selling ungraded eggs to its customers and of a “retailer or consumer” as the buyer of an egg the act charges a fee on, and they do not say whether a farm may sell its ungraded eggs to a store or a restaurant.

The Egg Grading Act contemplates an ungraded egg on a store’s shelf: “Retailers may sell the eggs specified in Section 25-6-6 NMSA 1978 to consumers only when such eggs on hand, offered or placed on sale are clearly marked ‘ungraded.’ Ungraded eggs shall be cartoned when sold at retail” (NMSA 25-6-7(A)). Section 25-6-6 itself names no buyer: “The Egg Grading Act shall not apply to any person selling eggs from his own production when produced from a flock of less than three thousand birds, provided they are sold as ungraded.” The fee section speaks of “all eggs sold to the retailer or consumer” (25-6-9), and the invoice section makes it unlawful “to sell eggs by the case without an invoice stating both the correct size and correct grade description accompanying each case of eggs delivered to a retailer or consumer. The invoice shall also include the name and address of both buyer and seller, date of sale and shall otherwise conform to the regulations set forth in the Egg Grading Act. The invoice shall be kept by the receiving dealer for a period of thirty days in case the inspector calls for it” (25-6-4(B)); no source read says what that invoice states for an ungraded egg, which has no grade or size, or whether it reaches an exempt seller. The act defines a “consumer” as “any person, business establishment or institution which changes the condition of the egg in preparation for human consumption” (25-6-2(D)), and no source read says whether a restaurant, or a store, is one.

The Environment Department’s food rule adopts the federal Food Code: “Except as otherwise provided, the 2017 United States food and drug administration model food code and the supplement to the 2017 food code are hereby adopted and incorporated in their entirety” (7.6.2.8(A) NMAC). The 2017 Food Code says “FOOD shall be obtained from sources that comply with LAW” (3-201.11(A)), “EGGS shall be received clean and sound and may not exceed the restricted EGG tolerances for U.S. Consumer Grade B as specified in United States Standards, Grades, and Weight Classes for Shell Eggs, AMS 56.200 et seq., administered by the Agricultural Marketing Service of USDA” (3-202.13) and “Raw EGGS shall be received in refrigerated equipment that maintains an ambient air temperature of 7°C (45°F) or less” (3-202.11(C)); the Food Code prints its defined terms in capitals. Those sections bind a “food establishment,” and no source read says whether a farm’s customer that is a store or a restaurant may take an ungraded egg under them. The federal label rule allows “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)).

The dealer’s license is the other route a buyer’s status could bring: an “egg dealer” is one that “buys eggs directly from the farmers or from any other sources for the purpose of reselling them at wholesale” (25-6-2(A)), and “A small dealer’s license is required of any person that buys, sells or traffics in more than five cases and less than two hundred cases of eggs in any one week” (25-6-12(A)), with larger licenses above that and “New Mexico egg producers” excepted from selling “as a dealer” (25-6-13(A)). Which of these a farm that sells to a store falls under is open.

Source: NMSA 25-6 (Egg Grading Act), 7.6.2 NMAC (food regulations), 2017 FDA Food Code and 21 CFR 101.17(h).

Do I need to grade or label my eggs in New Mexico?

The act says ungraded eggs are cartoned and marked “ungraded,” and the sources read leave open whether its other carton and advertising sections reach an exempt seller.

NMSA 25-6-7(A) says “Retailers may sell the eggs specified in Section 25-6-6 NMSA 1978 to consumers only when such eggs on hand, offered or placed on sale are clearly marked ‘ungraded.’ Ungraded eggs shall be cartoned when sold at retail.” The Department’s rule says “Ungraded eggs shall be conspicuously labeled as ‘ungraded eggs,’ and shall conform with the provisions pertaining thereto set forth in 25-6-7, NMSA 1978” (21.34.8.9(B)). Section 25-6-4 says “It is unlawful: ... C. to offer for sale eggs in cartons that do not have the name of the packer or distributor stamped or printed on them; or D. to sell uncartoned eggs at retail.” Whether 25-6-4(C) and (D) reach a seller whose eggs the act “shall not apply” to (25-6-6) is not said in any source read, and no source read says whether a used carton may be reused.

The New Mexico Food Act has its own label rule: a food is misbranded “if in package form, unless it bears a label containing: (1) the name and place of business of the manufacturer, packer or distributor; (2) an accurate statement of the quantity of the contents in terms of weight, measure or numerical count; provided, that under clause (2) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the board” (NMSA 25-2-11(E)), and “food” means “articles used for food or drink for man or animals” (25-2-2(F)). No source read says whether that section applies to an egg carton.

Federal rules put the "Safe Handling Instructions" statement on every carton of shell eggs (21 CFR 101.17(h)), except as (h)(4) says: “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.” 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) says “The label statement required by paragraph (h)(1) of this section shall be set off in a box by use of hairlines.”

A listing with a price and an online request for pickup are open. NMSA 25-6-4 says “It is unlawful: A. to offer eggs for sale in any newspaper advertisement, circular, radio or other form of advertising without plainly designating in the advertisement the classification as to grade and size to which the eggs being offered for sale properly belong, when price is a factor in the advertisement. The terms ‘fresh eggs,’ ‘strictly fresh eggs,’ ‘hennery eggs,’ ‘new-laid eggs’ or descriptions of similar import shall not be used in connection with the sale or offering for sale or advertising for sale of eggs in New Mexico that do not meet the minimum requirements for the New Mexico grade A eggs or better.” No source read says whether a farm’s post or web page with a price is “other form of advertising,” whether an ungraded egg’s “classification” is “ungraded,” or whether section 25-6-4(A) reaches an exempt seller. The Egg Grading Act and the Department’s rules read (25-6-1 to 25-6-16, 21.34.7, 21.34.8, 21.34.13) do not use the words internet, online, website or pickup, the Department’s Egg Licensing and Egg Inspections pages say nothing of a listing or an online request, and its egg dealer application uses the word online only for paying the fee. The words appear in the Homemade Food Act, which lists among its conditions for homemade food items “the seller sells directly to consumers within the state, including at farmers’ markets, at festivals, on the internet, at roadside stands, at the seller’s home for pick-up or delivery or through mail delivery” (25-12-3(A)(2)), and in the Environment Department’s rule, which says “Products processed by a home-based food processing operation shall not be sold, used, or offered for consumption in food establishments including, but not limited to, restaurants, grocery stores and convenience stores, by internet sales, or sold in interstate commerce” (7.6.2.15(C)(4)); neither names an egg.

Source: NMSA 25-6 (Egg Grading Act), 21.34.8 NMAC, NMSA 25-2 (Food Act) and 25-12 (Homemade Food Act), 7.6.2 NMAC (food regulations) and 21 CFR 101.17(h).

Do eggs have to be refrigerated in New Mexico?

The Egg Grading Act and the Department of Agriculture’s rules read set no temperature for an egg, though the act defines “cold storage eggs” as eggs “which have been in cold storage for thirty days or more and which meet the grades and standards of qualification set by the board of regents of New Mexico state university” (NMSA 25-6-2(B)). The sources that do set one are the Environment Department’s food rule, for a food establishment, and the federal rules.

The Environment Department’s rule adopts the 2017 Food Code (7.6.2.8(A) NMAC), which says “EGGS that have not been treated to destroy all viable Salmonellae shall be stored in refrigerated EQUIPMENT that maintains an ambient air temperature of 7°C (45°F) or less” (3-501.16(B)) and, at receipt, “Raw EGGS shall be received in refrigerated equipment that maintains an ambient air temperature of 7°C (45°F) or less” (3-202.11(C)). Those sections bind a “food establishment” (7.6.2.7(B)(5)), and no source read says whether an egg stand or a farm’s own cooler is one.

The federal egg safety rule is for farms of 3,000 hens or more. 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,” and 118.1(a) begins “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” (quoted whole in the limits answer). The safe-handling statement that 21 CFR 101.17(h)(1) puts on the label of all shell eggs includes the instruction “keep eggs refrigerated.”

Source: 7.6.2 NMAC (food regulations), 2017 FDA Food Code, 21 CFR 118.1, 21 CFR 118.4(e) and 21 CFR 101.17(h).

Do the rules cover duck and quail eggs in New Mexico?

The sources read do not say. The Egg Grading Act defines no “egg” and names no species of bird; its exemption counts “birds” (25-6-6) and its notice “laying hens” (25-6-7(B)).

NMSA 25-6-6 says “The Egg Grading Act shall not apply to any person selling eggs from his own production when produced from a flock of less than three thousand birds, provided they are sold as ungraded,” 25-6-3 speaks of “any egg unfit for human food,” and 25-6-5 says “The New Mexico consumer grades for eggs shall be as uniform as possible to those standards established by the United States department of agriculture for consumer grades of eggs.” The Department’s rule speaks of “consumer grades of shell eggs” (21.34.8.9(B)), and the registration form asks for the “Number of laying hens owned (or in possession).” The federal egg safety rule says “Shell egg (or egg) means the egg of the domesticated chicken” (21 CFR 118.3). The 2017 Food Code, which the Environment Department adopts, says “‘Egg’ means the shell EGG of avian species such as chicken, duck, goose, guinea, quail, RATITES or turkey” (1-201.10). No source read says whether a duck or quail egg is an “egg” under the Egg Grading Act or its exemption.

Source: NMSA 25-6 (Egg Grading Act), 21.34.8 NMAC, Ungraded egg sales registration form, 21 CFR 118.3 and 2017 FDA Food Code.

Do I have to wash or candle eggs before selling them in New Mexico?

The sources read do not settle it for an ungraded seller. The act and the rule define “ungraded” differently, and neither says whether such a seller must candle or may wash.

NMSA 25-6-2(H) says “‘ungraded eggs’ means eggs that have not been graded according to quality or weight,” and 25-6-2(G) defines “candling” as “the holding of an egg, large end up, before a light shining through an opaque shield, with an opening of about one-quarter inch in diameter.” The Department’s rule says “‘Ungraded eggs’ means eggs as they come from the production facility without having been washed, sized and/or candled for quality” (21.34.8.7(C)), a definition that adds washing and sizing where the statute’s speaks only of grading. Section 25-6-3 says “The purpose of the Egg Grading Act is to assure that no person, firm or corporation shall sell or have in his possession with the intent to sell, offer or expose for sale, or traffic in, any egg unfit for human food, unless the same is broken in shell and then denatured so that it cannot be used for human food, if it is or has” one of nine listed defects, from “addled or white rot” to “incubator reject eggs.” The Department’s Egg Inspections page says “This inspection is performed by a method known as ‘egg candling.’ The inspectors look at the grade and quality of the egg while also looking for cracks leaks, and dirt.”

The 2017 Food Code, for a food establishment, says “EGGS shall be received clean and sound and may not exceed the restricted EGG tolerances for U.S. Consumer Grade B as specified in United States Standards, Grades, and Weight Classes for Shell Eggs, AMS 56.200 et seq., administered by the Agricultural Marketing Service of USDA” (3-202.13). No source read says what an ungraded seller must do before a sale, or whether the Egg Grading Act’s unfit-egg list binds a seller the act “shall not apply” to.

Source: NMSA 25-6 (Egg Grading Act), 21.34.8 NMAC, Department of Agriculture Egg Inspections page and 2017 FDA Food Code.