Can I sell eggs in New York?

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

Article 13-A of the Agriculture and Markets Law covers eggs sold for human consumption by a producer, wholesaler, commission merchant, jobber or retailer. It names no license or permit for an egg seller. It bars selling eggs unfit for food and says that once the commissioner has set grades and sizes, eggs for human consumption “shall not be sold or exposed for sale except by the grades or standards so established” (§160-a). The rules apply that: “All shell eggs when sold or exposed for sale to the consumers for human consumption shall be sold or exposed for sale on the basis of the grades set forth in this Part” (1 NYCRR 190.1(h)). Neither has a small-flock or dozen line.

A producer selling eggs of their own production gets one relief. Section 160-c makes it unlawful to sell eggs to a consumer “other than those of his own production” without a sign or label giving the exact grade or quality, and 1 NYCRR 191.3 says the same of the grade and size notice. So the notice is excused for a producer’s own eggs; the statute and rules read do not excuse the grade itself. The Department’s shell-egg sheet says the same in plain words: a producer selling own-production eggs directly to consumers is exempt from grade and size labeling, but “these eggs must, however, be graded and be of Grade B or better quality.”

Whether a farm selling eggs needs a license from the Department is not settled by the sources read. Article 28 requires a license for a “retail food store”, defined as an establishment where food is offered to the consumer for off-premises consumption; it excludes stores that handle only pre-packaged, non-potentially hazardous foods and roadside markets offering only fresh fruits and vegetables (§§500-a, 500-b). Eggs are not named in the exclusions. It also exempts an establishment “registered, permitted or licensed by the department pursuant to other provisions of this chapter,” one under health department permit, or one under federal egg inspection. The license is $250 for two years (§500-b(3)). The Department’s licensing page says the retail food store license “includes stores that sell fluid milk, shell eggs, and refrigerated meats.” None of these says whether a farm’s own egg stand is a store. Ask the Department of Agriculture and Markets.

The Department’s farmers-market guide says a farmers-market vendor’s food must come from an approved source: a business licensed under Article 20-C, exempt from Article 20-C, registered as a home processor, or permitted by the Department of Health or a local health department, among others, and that vendors show the license or permit on request. It does not say which of these an egg producer is.

The city’s own business site says a food seller at a farmers market, on-farm outlet or roadside stand must follow the State Department of Agriculture and Markets’ rules, which “are different from those for stores,” and lists “Eggs (if clean and kept at 45ºF or less)” among the farm-produced foods that can be sold there. It cites no statute or rule. Inside New York City, the city’s own rules ask for the notice the State excuses: “Any person exposing for sale or offering for sale eggs to a consumer shall give notice of the exact grade and size of the eggs,” printed or written on each carton or container, or on a placard among or next to eggs sold in bulk (6 RCNY §3-48). The rule names no exception for a producer’s own eggs, and it says “fresh” is no substitute for the grade (6 RCNY §3-50).

New York City’s Health Code, Article 81, applies to food service establishments and non-retail food processing establishments and sets 45°F for intact shell eggs in them (§§81.01, 81.09). It does not mention a farm selling its own eggs or a farmers-market stall. Ask your local health department.

Source: Agriculture and Markets Law §160-a, Agriculture and Markets Law §160-c, 1 NYCRR 190.1, 1 NYCRR 191.3, Department of Agriculture and Markets, Shell Eggs: Regulations and Labeling Requirements, Agriculture and Markets Law §500-a, Agriculture and Markets Law §500-b, Department of Agriculture and Markets, Food Business Licensing, Guidance on Sanitary Regulations for New York State Farmers’ Markets Vendors, New York City business site, Selling Food at Stalls and Farmer’s Markets, 6 RCNY §§3-48, 3-50 and New York City Health Code Article 81.

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

Article 13-A and 1 NYCRR Parts 190 and 191 set no dozen or hen cap for a seller. The Department’s shell-egg sheet gives one number, and it is federal: producers with more than 3,000 hens, or anyone packing eggs other than their own production, must register under the Egg Products Inspection Act. The State rule on shell-egg production, storage and transportation adopts the federal rule at 21 CFR Part 118, which covers a producer with 3,000 or more laying hens at a farm that does not sell all its eggs directly to consumers (1 NYCRR 261.1; 21 CFR 118.1).

Source: Department of Agriculture and Markets, Shell Eggs: Regulations and Labeling Requirements, 1 NYCRR 261.1 and 21 CFR 118.1.

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

The Department regulates non-food-service vendors at farmers markets, raw agricultural products such as eggs among them, and says food-service establishments fall under the Department of Health. The guide says eggs should be visibly clean and packed in labeled cartons, with the packer’s name and address, the grade, the size, the contents, a “keep refrigerated at 45°F or below” statement and the safe-handling statement, and stored at an ambient temperature of 45°F or less. It calls a carton one-time-use packaging.

That is more than the shell-egg sheet asks of a producer selling their own eggs directly to consumers, which excuses grade and size labeling. Both are the Department’s, and the guide is not a statute or a rule; ask the Department which applies to your stall. The guide names the approved sources of food, and the sources read do not say which of them an egg producer needs. The guide also says a market manager can ask for a copy of a vendor’s license or permit.

Source: Guidance on Sanitary Regulations for New York State Farmers’ Markets Vendors and Department of Agriculture and Markets, Shell Eggs: Regulations and Labeling Requirements.

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

The Act’s word “consumer” includes a restaurant, hotel, boarding house, bakery or other institution buying eggs to serve or cook with (§160-a; 1 NYCRR 191.3(c)), so the sign-or-label duty in §160-c, which leaves out a seller’s own production, covers a sale to one. A person selling eggs other than their own production to a retailer or wholesaler must give an invoice with the seller’s and buyer’s names and addresses, the delivery date, and the grade and size of each lot, which both keep for 60 days (§160-e; 1 NYCRR 191.4, 191.5). The Act’s invoice duty is written for “every person, other than the producer,” selling to a retailer.

Rules for a store that receives eggs: a retail food store may use or offer only clean shell eggs meeting applicable grade standards, every container must identify the source of the eggs, and eggs not treated to destroy Salmonella are kept, displayed and moved at an ambient temperature of 45°F or less (1 NYCRR 271-2.2(c)). The federal rule adds that eggs held for retail distribution are stored and displayed at that temperature (21 CFR 115.50). The sources read do not say what a farm must do to sell to a store or restaurant beyond these. Ask the Department of Agriculture and Markets about a particular sale.

Source: Agriculture and Markets Law §160-a, Agriculture and Markets Law §160-e, 1 NYCRR 191.3, 1 NYCRR 191.4, 1 NYCRR 191.5, 1 NYCRR 271-2.2 and 21 CFR 115.50.

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

For eggs that are not of the seller’s own production, the grade and size go on each carton or container, or on a placard among or next to eggs sold in bulk, in printing at least 3/8 inch high and not abbreviated, and an advertisement of eggs at a price must show them too (1 NYCRR 191.3, 191.6, 191.7). For a producer’s own eggs the notice is excused (§160-c; 1 NYCRR 191.3). New York City’s rules name no such exception: a seller there marks the exact grade and size on each carton, or on a placard for eggs in bulk, in letters at least 3/8 inch high (6 RCNY §§3-48, 3-49). No label, package or advertisement may carry a statement that may be false or misleading (§160-d; 1 NYCRR 191.2), and “fresh” may not be used on eggs below Grade A or as a substitute for a grade (1 NYCRR 191.8; §160-c).

The Department’s shell-egg sheet lists what a carton must show: the word “EGGS”, grade and size, count, the name, address and zip code (if that is someone other than the producer or packer, the carton must say so), an identification of source (a packer number, or “Packed By” with full name and address), “KEEP REFRIGERATED”, and “To prevent illness from bacteria: keep eggs refrigerated, cook eggs until yolks are firm, and cook foods containing eggs thoroughly.” It then excuses a producer’s direct sales to consumers from grade and size labeling. The farmers-market guide lists the packer’s name and address, grade, size, contents, the 45°F statement and the safe-handling statement, and calls an egg carton one-time-use packaging. It does not say reuse is barred; it says bacteria may remain on a reused package. Federal rules put the "Safe Handling Instructions" statement on every carton of shell eggs (21 CFR 101.17(h)). Ask the Department what a carton from a small flock must show.

Source: Agriculture and Markets Law §160-c, Agriculture and Markets Law §160-d, 1 NYCRR 191.3, 1 NYCRR 191.6, 1 NYCRR 191.7, 1 NYCRR 191.8, 6 RCNY §§3-48, 3-49, Department of Agriculture and Markets, Shell Eggs: Regulations and Labeling Requirements, Guidance on Sanitary Regulations for New York State Farmers’ Markets Vendors and 21 CFR 101.17(h).

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

The Department’s shell-egg sheet says all eggs must be refrigerated and held at 45°F or below “immediately after packing, during transportation and at retail.” Its farmers-market guide says eggs must be stored at an ambient temperature of 45°F or less. The rule for a retail food store says the same for eggs not treated to destroy Salmonella (1 NYCRR 271-2.2(c)), as does the federal retail-egg rule (21 CFR 115.50). For a large producer, the adopted federal rule requires holding and moving eggs at 45°F ambient beginning 36 hours after lay (21 CFR 118.4(e), through 1 NYCRR 261.1). The statute and rules read for a small farm’s own sales do not state a temperature; the 45°F figure for them comes from the Department’s two documents.

Source: Department of Agriculture and Markets, Shell Eggs: Regulations and Labeling Requirements, Guidance on Sanitary Regulations for New York State Farmers’ Markets Vendors, 1 NYCRR 271-2.2, 21 CFR 115.50, 21 CFR 118.4(e) and 1 NYCRR 261.1.

Can I sell duck, quail or other eggs in New York?

The Department’s shell-egg sheet says its standards for eggs apply only to shell eggs of domesticated chickens. The statute and rules read do not say what rules apply to duck, quail or other eggs, or whether the licensing rules above reach them. Ask the Department of Agriculture and Markets about the species you raise.

Source: Department of Agriculture and Markets, Shell Eggs: Regulations and Labeling Requirements.

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

The sources read do not say a seller must wash or candle eggs. What they require is the result. The Department’s farmers-market guide says eggs should be visibly cleaned, free of filth, dirt and fecal matter. A retail food store may offer only clean shell eggs meeting grade standards (1 NYCRR 271-2.2(c)). Loss and inedible eggs are unfit for human food and may not be sold (1 NYCRR 191.1), and the shell-egg sheet adds that leakers, blood spots, meat spots and other types of loss may not be sold. The rules set the grades and the standards for quality of an individual shell egg (1 NYCRR 190.3, 190.6). Ask the Department what it expects a seller to do to show a Grade B or better egg.

Source: Guidance on Sanitary Regulations for New York State Farmers’ Markets Vendors, 1 NYCRR 271-2.2, 1 NYCRR 191.1, Department of Agriculture and Markets, Shell Eggs: Regulations and Labeling Requirements and 1 NYCRR 190.3.