Can I sell eggs in Oregon?

Do I need a license to sell eggs in Oregon?

The statute and the Department both say a producer selling and delivering its own eggs directly to an individual consumer needs no egg handler’s license, and their wordings for every other buyer differ, so the sources read do not settle a sale to a store or restaurant.

ORS 632.715(1), inside the egg sections (ORS 632.705 to 632.815), says “Unless the person holds a permit issued under ORS 632.730, a person may not sell or distribute within this state any eggs to consumers or to retailers without having first obtained an egg handler’s license from the State Department of Agriculture. The license is not required:” (a) “Of a producer selling and delivering eggs of the producer’s own production directly to an individual consumer”; (b) “For the sale of uncandled eggs to other than a consumer”; (c) “For the sale by a retailer to a consumer of eggs that previously have been candled and graded by an egg handler in compliance with ORS 632.705 to 632.815”; or (d) “For the sale on consignment under ORS 616.683 (2)(f) of eggs produced by a licensed egg handler.” ORS 632.730 is the permit to break eggs for their whites, yolks or whole egg meats.

The Department’s Egg Licensing page (read September 2026, undated) says “Producer is required to have an egg handler license for the following:” “Selling or distributing eggs to consumers, retailers, cafes, bakeries, hospitals, schools, boarding houses or institutions.” and “Producer is not required to have an egg handler license when the following applies:” “Producer is selling and delivering their own eggs direct to an individual consumer (including farmers' market), but labeling is required.” and “Producer sells only ungraded eggs to a dealer.” Its Eggs: Laws and Regulations sheet (07-2020) repeats those lines. Its Shell Egg Producer sheet (5-16-22) says “The producer is required to have an egg handler’s license if eggs are to be sold at: retail establishments, food service establishments, food processors, and or food distributors.” and “A producer does NOT need a license if eggs are to be sold:” “1. Directly to the consumer (from the farm, farmers market, on route off producer’s farm directly to individual for home consumption).” and “** See additional labeling requirements in the Labeling section” and “2. Ungraded to a dealer”, and gives the license’s cost: “EGG HANDLER’S LICENSE- costs $30.00 per fiscal year (July 1 - June 30).”

The wordings are not the same. The statute’s exception (b) says “For the sale of uncandled eggs to other than a consumer”, the Department’s pages say “Producer sells only ungraded eggs to a dealer”, and ORS 632.705 defines no “dealer” and no “individual consumer”; it defines “Consumer” as “any person who purchases eggs at retail or any restaurant, hotel, boarding house, bakery, or institution or concern that purchases eggs for serving to guests or patrons thereof, or for its own use in cooking or baking” (632.705(5)). Searched for “dealer” and “individual consumer”: the egg sections (632.705 to 632.849) use “individual consumer” only in 632.715(1)(a) and 632.745(2), and never use “dealer”. Whether a producer selling to a consumer is an “egg handler” is also open: ORS 632.705(9) says “Egg handler” means any person who contracts for or obtains possession or control of any eggs for: “(a) Sale to another egg handler or a retailer; or (b) Processing and sale to another egg handler, a retailer or a consumer.”

The food license side is the Farm Direct Marketing law. ORS 616.680 says “As used in this section and ORS 616.683 and 616.686:” “Farm direct marketer” means “an agricultural producer that sells directly to the retail purchaser the agricultural products grown, raised and harvested by that producer” (616.680(5)); “Agricultural producer” means “a farmer, rancher or other person primarily responsible for the growing, raising and harvesting of agricultural products to a point at which the products are ready for direct sale” (616.680(2)). ORS 616.683(1) says “Except as provided in subsection (8) of this section, the following are not subject to ORS 616.695 to 616.755:” (a) “The use of space by a farm direct marketer for the sale, or exposure or offering for sale, of agricultural products described in subsection (2) of this section by the farm direct marketer”, (b) “The sale, or exposure or offering for sale, of agricultural products described in subsection (2) of this section by a farm direct marketer”, and (c) “The storage or preparation of agricultural products identified for sale by a farm direct marketer.” Subsection (2) says “Subsection (1) of this section applies to farm direct marketer sales, and consignment sales, of the following types of agricultural products:” and its paragraph (f) is “Shell eggs.” Subsection (3) says “Subsection (1) of this section does not apply to foods that have been commingled.” Subsection (8) says “The department may require that a farm direct marketer or the space used by the farm direct marketer be licensed under ORS 616.695 to 616.755, if the farm direct marketer or the person in control of the space used by the farm direct marketer refuses to comply with a department rule adopted under ORS 616.686 or 616.700 for keeping the space used by the farm direct marketer in a clean, healthful and sanitary condition or for ensuring the condition and safety of the food the farm direct marketer provides to retail purchasers.” ORS 616.680 defines no “retail purchaser”. The Legislature’s note says 616.680, 616.683 and 616.686 were not added to or made a part of ORS chapter 616 or any series therein.

The Department’s What Can I Do Without a License? page (read September 2026, undated) says “Contact your local ODA food safety inspector to make sure you qualify for the exemption.” and “Egg producers who are selling and delivering their own eggs directly to an individual consumer (including farmers' market) are exempt from licensing, but labeling is required. Egg producers selling only ungraded eggs to a dealer are also exempt.” Its Food Safety FAQ says “Producers selling only to retail customers do not need a Food Safety Program license, regardless of the number of eggs sold. Labeling requirements apply regardless of number of eggs sold. If you sell eggs under consignment there are additional rules.”

The rules the Department cites are not read. The Department’s sheets cite OAR chapter 603 division 22 (eggs) and the Farm Direct Rules, “OAR 603-025-0215 thru 603-025-0275”, and the Secretary of State’s rules site answered every request with “Please enable JavaScript to view the page content.” and a support ID, so their text is unread here and not worked around (#442). Nothing here says a seller is legal. It says what Oregon’s sources say and where they leave it open; the open questions are filed by agency (#443 the Department of Agriculture’s Food Safety Program, #442 the Secretary of State’s rules, #444 the Oregon Health Authority and county health departments, #445 the Department of Agriculture’s Animal Health program on egg-laying hens).

Source: ORS 632.705 to 632.815 (Eggs, Processing and Sale), ORS 616.680 to 616.686 (Farm Direct Marketed Agricultural Products), Department of Agriculture Eggs Licensing page, Department of Agriculture Eggs: Laws and Regulations sheet, Department of Agriculture Shell Egg Producer sheet, Department of Agriculture What Can I Do Without a License? page and Department of Agriculture Food Safety FAQ.

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

No dozen, case or hen line limits a producer’s direct sale in the sources read, and two lines sit beside it: the egg fee, which the statute and the Department word differently, and a 3,000-hen line for the cage-free housing sections.

The fee is the egg handler’s. ORS 632.720 has two texts in the Legislature’s compilation. The one operative from July 1, 2026 says “The department may not adopt or enforce a rule under this section establishing an egg handler license fee that is higher than the egg handler license fee charged for the license year that began July 1, 2025.” The Legislature’s note prints the text that is operative until July 1, 2026 “for the user’s convenience”: “Except as provided in this section, the department may not adopt a rule under this section to establish a license fee that is more than three percent higher than the fee charged during the preceding year. When adopting a rule establishing a license fee, notwithstanding the three percent limit, the department may round the fee amount to the next higher whole dollar amount.” The note names section 1, chapter 440, Oregon Laws 2025 among the acts that set the July 1, 2026 date. The compilation’s note says section 1, chapter 440, Oregon Laws 2025 keeps the July 1, 2026 date, which has passed, so the first text is the one operative now and the note’s is the text that was operative until that date; the Department’s 2022 sheets’ $30.00 is their own figure and this page does not say what fee the Department charges now. ORS 632.741(1) says “In addition to the license fee adopted by rule under ORS 632.720, each egg handler shall pay to the State Department of Agriculture a fee prescribed by the department, not to exceed two and one-half mills per dozen eggs sold by such egg handler.” Its subsection (2) says “The fees required to be paid under subsection (1) of this section and, except as otherwise provided under ORS 632.771, the labeling required by ORS 632.771 do not apply to:” (a) “Eggs sold and shipped outside of this state”; (b) “Eggs sold to the United States Government”; (c) “Bulk sales of eggs”; (d) “Eggs sold to another egg handler for processing into egg products”; or (e) “Eggs sold by a producer to consumers at the place of production.” The Shell Egg Producer sheet (5-16-22) says “Administration of the egg law is financed by an egg fee of $.0025 per dozen eggs first sold in Oregon.” and that the fee is “applicable to all eggs first sold in Oregon EXCEPT:” “3. Eggs sold by producer from producer’s own production to ultimate consumer. This is to include; sales to consumers that purchase eggs off producers farm, from producer at farmers market, and on route to individuals for home consumption.” The statute’s (e) says “Eggs sold by a producer to consumers at the place of production.”; the sheet’s second sentence adds a farmers market and a route. Searched the egg sections (632.705 to 632.849) for “dozen”, “case” and “flock”: “dozen” appears once, in that fee; “case” only in the definition of “Container” and in 632.771(1)(e)’s phrase about a distributor; “flock” only in 632.849 and in the title of the 2017 guidelines (632.840(2)). The Department’s pages and sheets read name no dozen, case or hen limit on a sale.

The Farm Direct Marketing law has one dollar line, and eggs are not in it. ORS 616.683(2)(e)(D) sets a $50,000 annual-sales figure for fruit-based syrups, preserves and jams, fruits and vegetables, and fruit and vegetable juices; paragraph (2)(f), “Shell eggs.”, carries none. The Farm Direct Marketing FAQ (12/2023) answers “Can eggs be pickled, boiled, dried, or cured?” with “No, shell eggs are the only type of eggs allowed.”

The 3,000-hen line is for housing. ORS 632.849 says “ORS 632.835 to 632.849 do not apply to:” (1) “A commercial farm owner or operator with annual egg production from a flock of not more than 3,000 egg-laying hens”; or (2) “Eggs produced by a commercial farm owner or operator described in subsection (1) of this section.” ORS 632.835 defines “Commercial farm” as “the land, buildings and support facilities that are used for the commercial production of animals or animal products used for food or fiber” (632.835(2)). ORS 632.845(1) says “Except as provided in subsection (2) of this section, a commercial farm owner or operator may not confine an egg-laying hen in an enclosure that fails to comply with the rules adopted by the State Department of Agriculture under ORS 632.840.” and 632.847(1) says “Except as provided under subsection (2) of this section, a person may not buy, sell, offer to buy or sell, transport or offer to transport in intrastate commerce, or accept receipt of, an egg or egg product that was not produced in compliance with ORS 632.845.” The Department’s Egg Laying Hens page says “Exemptions are also granted for small commercial farms producing eggs with fewer than 3,000 hens”, where the statute says “not more than 3,000”, so a flock of exactly 3,000 is inside the statute and outside the page’s wording. The two “subsection (2)” exceptions are not the 3,000-hen line. ORS 632.845(2) says “Subsection (1) of this section does not apply to the confinement of an egg-laying hen:” (a) “During medical research”; (b) “During an examination, a test, an individual treatment or an operation conducted for veterinary purposes”; (c) “During transportation or depopulation operations, if the confinement does not exceed seven days in any 18-month period”; (d) “As part of a rodeo exhibition, state or county fair exhibition, 4-H program exhibition or similar exhibition”; (e) “During the slaughter of the egg-laying hen in accordance with applicable laws and rules”; or (f) “On a temporary basis for animal husbandry purposes, if the confinement does not exceed six hours in any 24-hour period or exceed 24 hours in any 30-day period.” ORS 632.847(2) says “Subsection (1) of this section does not apply to a sale of eggs or egg products at an official plant, as defined in 21 U.S.C. 1033, where mandatory inspection is maintained under the federal Egg Products Inspection Act (21 U.S.C. 1031 et seq.). For purposes of this subsection, sale occurs at the location where the buyer takes physical possession of the eggs or egg products.” That is a sale at a federal official plant and does not say whether an online request followed by pickup is a sale. That page also cites “ORS 632.850” for the ban on selling eggs from non-compliant enclosures, a section the Legislature’s ORS 632 lists as “repealed by 2019 c.686 §12”. It says “Prior to distributing any eggs or egg products into, or within Oregon, any person, other than the retail end user of shell eggs, must provide documentation to ODA showing that the eggs or egg products originated from hens that, if confined during the production of the egg, were in enclosures that comply with ORS 632.840 and OAR 603-018-0005.” No source read says whether a few hens sold to neighbours are a “commercial farm” (#445).

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: ORS 632.705 to 632.849 (egg sales and laying conditions), ORS 616.680 to 616.686 (Farm Direct Marketed Agricultural Products), Department of Agriculture Shell Egg Producer sheet, Department of Agriculture Farm Direct Marketing FAQ, Department of Agriculture Egg Laying Hens page and 21 CFR 118.1.

Can I sell eggs at a farmers market in Oregon?

The Department says a producer selling and delivering its own eggs directly to an individual consumer, farmers market included, is exempt from licensing, and the sources read say nothing of a market’s own rules or a county’s.

The Department’s Egg Licensing page says “Producer is selling and delivering their own eggs direct to an individual consumer (including farmers' market), but labeling is required.” Its What Can I Do Without a License? page says “Farmers' markets are not currently licensed as food establishments. All food vendors are required to have a food license unless you qualify for exemption.” and “Egg producers who are selling and delivering their own eggs directly to an individual consumer (including farmers' market) are exempt from licensing, but labeling is required.” The statute’s exception, ORS 632.715(1)(a), names no place: “Of a producer selling and delivering eggs of the producer’s own production directly to an individual consumer”. Its fee exception, 632.741(2)(e), says “Eggs sold by a producer to consumers at the place of production.”, and the Producer sheet adds, in its second sentence on the fee, “This is to include; sales to consumers that purchase eggs off producers farm, from producer at farmers market, and on route to individuals for home consumption.” (see the limits answer).

The Farm Direct Marketing FAQ (12/2023) says “Farm direct venues includes farmers markets, roadside stands, community supported agriculture (CSA) drop sites, buying clubs, church bazaars, and other venues provided the sales are direct from the farmer to retail customer. Farm direct marketers can also contract with third party services that assist in the aggregation, delivery, marketing, or other facilitation of sales of farm direct products. Third party services cannot be farm direct marketers themelves; nor can they consign, store, warehouse, or purchase for sale said products.” Its third question is “Can a CSA sell shell eggs?” and the answer is “Yes, if the CSA is owned by a single farmer and the sale is direct to the consumer. No, if the CSA is owned by multiple farmers.” The Food Safety FAQ says “Organizations that manage a group of farm direct marketers and their spaces are not required to be licensed, unless they are selling food not included in the Farm Direct Rule exemption.”

The Extension guide for farmers and market managers (EM 9350, June 2022, co-written by a Department staff member) says “All eggs must be:” “Refrigerated and stored at or below 45°F at the point of sale, including:” “Farmers markets.” “CSA pick-up sites.” “Farm stands.” and answers “Do I need to refrigerate my eggs at the farmers market if I collected them that morning?” with “YES! All eggs must be refrigerated at the point of sale.”

Consignment is a separate route. ORS 616.683(4) says “Title to agricultural products sold on consignment remains with the consigning agricultural producer until the products are sold to consumers. Agricultural products sold on consignment must be clearly and conspicuously labeled with the name and business address of the consigning agricultural producer.” ORS 616.680(4) says “‘Consignment’ means an agreement under which an agricultural producer sells to the retail purchaser the agricultural products of another agricultural producer that is located in the same county as the agricultural producer, or in any county adjoining a county in which the agricultural producer is located, without representing that the products were grown or raised by the seller.” The Farm Direct Marketing for Agricultural Products sheet (03/2018, updated 07/2025) lists “Shell eggs” as allowed for consignment, and the Food Safety FAQ says of consignment “Consignment is limited to fresh fruits, vegetables and herbs, unshelled nuts, honey, and dried products such as garlic or potatoes, where drying or curing is routine post-harvest processing. Eggs have additional rules.” The sources read set those side by side and do not say what the additional rules are.

What a market’s operator or a county health department asks of an egg stall is not in the sources read (#444); the Department’s page says “Contact your local ODA food safety inspector to make sure you qualify for the exemption.”

Source: ORS 632.715 and 632.741, ORS 616.680 to 616.686 (Farm Direct Marketed Agricultural Products), Department of Agriculture Eggs Licensing page, Department of Agriculture What Can I Do Without a License? page, Department of Agriculture Shell Egg Producer sheet, Department of Agriculture Farm Direct Marketing FAQ, Department of Agriculture Farm Direct Marketing, Agricultural Products, Extension guide EM 9350, Selling Eggs and Department of Agriculture Food Safety FAQ.

Can I sell eggs to a store or restaurant in Oregon?

The Department’s pages say a license is required for a sale to a restaurant, cafe or retailer, and the statute’s wording is not the same, so this page calls no such sale cleared.

The Department’s Egg Licensing page says “Producer is required to have an egg handler license for the following:” “Selling or distributing eggs to consumers, retailers, cafes, bakeries, hospitals, schools, boarding houses or institutions.” The Extension guide (EM 9350, June 2022) says “Your business does not qualify for the farm-direct exemption and you will need an egg handler’s license if you are:” “Selling eggs to wholesale accounts such as restaurants, retailers, cafes, bakeries, hospitals, schools, boarding houses or institutions.” and “Selling eggs that you did not produce.” The Producer sheet (5-16-22) says “An invoice showing the grade and size, number of eggs, the name and address of the seller must accompany each sale to retail establishments, food service establishments, food processors, and or food distributors.”

The statute says it differently. ORS 632.715(1) asks a license for a sale to consumers or to retailers (its sentence is quoted in the license answer), and exception (b) says “For the sale of uncandled eggs to other than a consumer”. ORS 632.705(18) says “Retailer” means “any person who sells eggs to a consumer”, and (5) says “Consumer” means “any person who purchases eggs at retail or any restaurant, hotel, boarding house, bakery, or institution or concern that purchases eggs for serving to guests or patrons thereof, or for its own use in cooking or baking”. So a restaurant is a “consumer” in the definitions and is not an “individual consumer” in exception (a), which the statute does not define. The Department’s line “Producer sells only ungraded eggs to a dealer” uses “ungraded” and “dealer”, which the statute’s exception (b) and definitions do not.

ORS 632.745 asks an invoice for a bulk sale and not for a consumer: (1) “Each person who sells eggs in bulk shall furnish the purchaser with an invoice covering each such sale, showing the exact grade or quality and the size or weight of the eggs sold, according to the standards prescribed by the federal Act or the State Department of Agriculture, together with the name and address of the person by whom the eggs were sold. The invoices shall be available during business hours for inspection by the department. The invoices shall be kept for at least:” “(a) One year by the seller; and” “(b) 60 days by the purchaser.” and (2) “No invoice shall be required on eggs when sold to the United States Government or to an individual consumer.” Subsection (3) says “Any person or retailer selling eggs through its own stores or outlets may keep the records required by subsection (1) of this section, at its principal place of business within this state and is not required to keep the records at the stores or outlets.” The Producer sheet (5-16-22) words the exception “No invoice shall be required on eggs when sold to the United States Government or the individual consumer.”; set beside the statute’s sentence above, the sheet has “the” where the statute has “to an”. ORS 632.705(3) says “Bulk sale” means “the sale of eggs in containers other than consumer containers”.

The Farm Direct Marketing law speaks of the “retail purchaser” (616.680(5), 616.683(1)) and the FAQ of “retail customer”, and defines neither. The Agricultural Products sheet says “All sales must be directly to the end retail consumer.”, a third wording that is also undefined; no source read says whether a store or a restaurant is any of the three. The Department’s 2026 Retail Food Code (titled OAR 603-025-0030) is the buyer’s side for a licensed food establishment, and 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 (2000) et seq., administered by the Agricultural Marketing Service of USDA.” (3-202.13). Its 3-201.11(A) says “FOOD shall be obtained from sources that comply with LAW.” The Code has no “farm direct” or “farm-direct” (searched), and no source read says whether a farm-direct seller’s eggs satisfy a buyer’s source rule.

Federal rules treat shell eggs that are not for direct sale to consumers differently: 21 CFR 101.17(h)(5) says “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.”

Source: ORS 632.705 to 632.815 (Eggs, Processing and Sale), ORS 616.680 to 616.686 (Farm Direct Marketed Agricultural Products), Department of Agriculture Eggs Licensing page, Department of Agriculture Shell Egg Producer sheet, Extension guide EM 9350, Selling Eggs, Department of Agriculture 2026 Retail Food Code and 21 CFR 101.17(h).

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

The statute lets a producer selling its own candled eggs directly to consumers mark them “ungraded” with a count, and the Department’s sheets and the Extension guide ask for more on the carton than the statute lists, so the sources read do not agree on one label.

ORS 632.771(5) says “Notwithstanding subsections (1) to (4) of this section and ORS 632.786 (5) and (9), except as provided under subsection (6)(a) of this section, a producer may sell candled eggs using the designation “ungraded” instead of designating the size and grade or quality of the eggs if:” (a)(A) “Sells eggs of the producer’s own production directly to consumers”; or (B) “Sells eggs of the producer’s own production by consignment under ORS 616.683 (2)(f).” and (b) “The labeling and display of the “ungraded” designation conforms with the size and location requirements prescribed under subsections (2) and (3) of this section for the labeling and display of an egg grade designation.” Subsection (6) says “For ungraded eggs described in subsection (5) of this section:” (a) “The labeling must include a net content statement indicating the number of ungraded eggs”; and (b) “The labeling or display need not include any statement of net weight.” The statute’s subsection (5) says “directly to consumers”, and its definition of “consumer” includes a restaurant; exception (a) of 632.715(1) says “individual consumer”.

Subsection (1) is the egg handler’s label: “The labeling of any container used by an egg handler shall include the information required by the federal Act or rules promulgated thereunder, or:” (a) “The full, correct and unabbreviated designation of size and grade or quality of the eggs”; (b) “The common or usual name, if any there be, of the eggs or egg product”; (c) “The lot or production code, number or date”; (d) “The net contents”; (e) “The name and address of the egg handler or distributor, and in the case of a distributor shall include qualifying terms as “packed for,” “distributed by” or “distributor”; and (f) “The Oregon state egg seal or the official number assigned to the egg handler by the State Department of Agriculture.” ORS 632.741(2), quoted in the limits answer, says “The fees required to be paid under subsection (1) of this section and, except as otherwise provided under ORS 632.771, the labeling required by ORS 632.771 do not apply to:” and its paragraph (e) is “Eggs sold by a producer to consumers at the place of production.” ORS 632.786(1) bars “Sell eggs for human consumption in previously used consumer containers bearing the brand, trademark or officially designated number of another egg handler, unless the same is removed or defaced”, and (9) bars “Sell any eggs as fresh eggs unless they are of the quality or grade prescribed for fresh eggs by the State Department of Agriculture or the federal Act”.

The Farm Direct Marketing law adds a statement. ORS 616.683(7)(a) says “In addition to any other required labeling, agricultural products described in subsections (2)(e) to (k) of this section shall bear on the label a statement informing consumers that the product is not prepared in an inspected food establishment. Except as provided in paragraph (b) of this subsection, the required wording for the label statement is: “This product is homemade and is not prepared in an inspected food establishment.”” and (b) “The department may adopt rules specifying alternative wording for the label statement required under paragraph (a) of this subsection to the extent that the alternative wording is necessary in order to comply with federal requirements.” Shell eggs are paragraph (2)(f). The Department’s Farm Direct Marketing, Agricultural Products sheet (03/2018, updated 07/2025) says “The following statements must be in a prominent location in legible, all capital, and bold-face type no less than one-eighth inch for shell eggs, grains, legumes, seeds, and honey (20 hives or fewer are exempt from the below statements).” “THIS PRODUCT IS NOT PREPARED IN AN INSPECTED FOOD ESTABLISHMENT” “NOT FOR RESALE”. The Producer sheet (5-16-22) says “The principal display panel of shell eggs that are sold directly to the consumer without a license, shall contain in a prominent location the following statement in legible, all capital, and bold-face type no less then one-eight inch:” “THIS PRODUCT IS NOT PREPARED IN AN INSPECTED FOOD ESTABLISHMENT. NOT FOR RESALE.” That is four wordings, and no source read says which holds: the statute’s sentence, “This product is homemade and is not prepared in an inspected food establishment.”; the Agricultural Products sheet’s two statements at one-eighth of an inch, in the sentence that also exempts “20 hives or fewer”; the Producer sheet’s single sentence, whose type size is spelled “one-eight” in the quotation above; and the Extension guide’s two statements, at one-eighth of an inch in height.

The Producer sheet’s label list is “All containers of eggs must be labeled with:” “1. Correct grade and size of eggs in the container*” “2. Name and address of producer, wholesaler, or retail by or for whom the eggs were packed” “3. Oregon egg permit number and pull date (JUN 20 or 06 20).” and the safe handling statement, with “*Grades and size only pertain to chicken hen eggs.” It says “All producers responsible for paying an egg fee will be assigned an egg permit number by the Department. This number must be displayed on the side or end of all consumer containers sold in Oregon in bold face letter at least 1/8 inch in height.” The Extension guide says “You must label your egg cartons with the following information:” “Your farm or personal name and farm address.” “Product identity (chicken eggs, duck eggs, etc.).” “Net contents (for example, one dozen ungraded eggs or one dozen large AA eggs). Note that farm-direct eggs may be sold ungraded.” It says “State law requires eggs to have either “use by” or “sell by” dates clearly visible to consumers.” and “If you package your eggs in previously used cartons, all identifying information from the previous seller must be removed or defaced.” The Food Safety FAQ says “Eggs are required to have “use by” or “sell by” dates, which usually are found on the bottom of the carton. The "sell by" date is 30 days and the "use by" date is 45 days after production.” The egg sections of the statute (632.705 to 632.815) contain no “pull date”, “sell by” or “use by”; they name, in the egg handler’s label, “The lot or production code, number or date” (632.771(1)(c)). The grade and size line, the permit number, and the date are in the sheets and the guide, not in the statute for a producer’s direct sale; their rule basis (OAR chapter 603, division 22) is unread (#442).

A listing with a price and an online request for pickup are open. ORS 632.771(4) says “Advertising of eggs or egg products shall conform to such provisions of subsection (1) of this section as the department may prescribe.”, 632.786(11) bars “Advertise eggs or egg products in violation of the standards or requirements prescribed by the department”, and 632.811(1)(e) lets the Department make rules for “The establishment of labeling and advertising standards or requirements for eggs and egg products.” The Producer sheet says “No eggs other than AA or A shall be sold, offered for sale, or advertised for sale in any manner as “fresh eggs,” “ranch eggs,” “farm eggs,” or to represent the same to be fresh.” ORS 616.683(5) says “Subsection (1) of this section applies to Internet sales of agricultural products described in subsection (2) of this section by a farm direct marketer, as long as the Internet sales:” (a) “Are to persons within this state”; or (b) “Comply with any applicable federal requirements concerning interstate sales of agricultural products.” and (6) “A farm direct marketer may contract with a third party for delivery, marketing or other facilitation of sales of agricultural products described in subsection (2) of this section, subject to the provisions of this section and any rules adopted under ORS 616.686.” The FAQ’s seventh question is “Can producer-processed products be sold online?”, answered “Yes”, and its eighth answers “No, shell eggs are the only type of eggs allowed.”; its seventeenth answers “Can QR codes be used to provide product information?” with “Yes, but they cannot be used in lieu of labeling requirements.” Searched the egg sections, ORS 616.680 to 616.686, the licensing pages, both sheets, the FAQs and the Extension guide for “internet”, “online”, “website”, “electronic”, “pickup”, “pick-up”, “price”, “listing” and “directory”: “Internet” appears in 616.683(5), “online” in the FAQ’s seventh answer and “pick-up” only in the Extension guide’s “CSA pick-up sites”, and no source read says whether a directory that lists a farm’s eggs, or an online request followed by pickup, is an Internet sale, a third party’s facilitation or an advertisement (#443).

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

Source: ORS 632.705 to 632.815 (Eggs, Processing and Sale), ORS 616.680 to 616.686 (Farm Direct Marketed Agricultural Products), Department of Agriculture Shell Egg Producer sheet, Department of Agriculture Farm Direct Marketing, Agricultural Products, Department of Agriculture Farm Direct Marketing FAQ, Extension guide EM 9350, Selling Eggs, Department of Agriculture Food Safety FAQ and 21 CFR 101.17(h).

Do eggs have to be refrigerated in Oregon?

The Extension guide says yes, at or below 45°F, at every point of sale, and the statute’s egg sections set no temperature, so its basis is the Department’s rule, which is unread here.

The Extension guide (EM 9350, June 2022) says “All eggs must be:” “Kept at or below 45°F promptly after gathering.” “Refrigerated during transportation.” and “Refrigerated and stored at or below 45°F at the point of sale, including:” “Farmers markets.” “CSA pick-up sites.” “Farm stands.” It says “Eggs used for display that are not kept at or below 45°F cannot be sold.”, “Eggs must remain refrigerated and dry after cleaning and until they are sold.” and “Coolers with ice packs are an acceptable form of refrigeration during transportation and selling of eggs if you can maintain a temperature at or below 45°F.” It cites no rule for the 45°F line and says “Oregon egg standards, OAR 603 [a link to the Secretary of State’s rules site], provide the state requirements to handling and selling eggs.”

Searched the egg sections (ORS 632.705 to 632.849) for “temperature”, “degree”, “refrigerat”, “wash” and “clean”: none appears. The Producer sheet (5-16-22) names 45°F only for a candling and grading room: “Below is a brief summary of the sanitation standards for grading and candling Eggs (603-022-0500).” and “3. There must be a potable water supply, a clean storage area for supplies, and a refrigerated space large enough to hold producer’s supply of eggs at a temperature of 45ºF or less.” It is not said whether a seller that does not grade is held to it.

For a licensed food establishment the Department’s 2026 Retail Food Code says “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)), “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(D)) and “EGGS that have not been specifically treated to destroy all viable Salmonellae shall be labeled to include safe handling instructions as specified in LAW, including 21 CFR 101.17(h).” (3-201.11(G)). Whether a farm-direct seller is held to it is not said in the pages read.

The federal egg safety rule’s refrigeration, 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.” It reaches only farms with 3,000 or more laying hens (118.1(a), (b)). The safe handling statement’s “keep eggs refrigerated” is 21 CFR 101.17(h)(1), quoted in the cartons answer.

Source: ORS 632.705 to 632.849, Department of Agriculture Shell Egg Producer sheet, Extension guide EM 9350, Selling Eggs, Department of Agriculture 2026 Retail 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 Oregon?

Duck eggs are named in the statute; quail are named only in the Department’s Retail Food Code, and the sources read do not say whether the egg sections reach them.

ORS 632.705(11) says “Eggs” or “shell eggs” means “eggs in the shell from chickens, turkeys, ducks, geese or any other species of fowl.” ORS 632.835(4) and (5), for the housing sections, say “Egg” means “an egg, in the shell, from an egg-laying hen.” and “Egg-laying hen” means “any female domesticated chicken, turkey, duck, goose, guinea fowl or other species of fowl that is kept for the purpose of egg production.”

The Producer sheet (5-16-22) says “*Grades and size only pertain to chicken hen eggs. Eggs other than chicken hen need to follow all other requirements and need to be clean and edible.” The Extension guide lists “Product identity (chicken eggs, duck eggs, etc.).” The Retail Food Code defines “Egg” as “the shell EGG of avian species such as chicken, duck, goose, guinea, quail, RATITES or turkey.” (1-201.10(B)(45)(a)). The egg sections of ORS 632 and the Department’s pages read never name quail; whether quail are “fowl” under 632.705(11) is open (#443). ORS 616.683(2)(f) says only “Shell eggs.”

Source: ORS 632.705 and 632.835, ORS 616.683 (farm direct marketing), Department of Agriculture Shell Egg Producer sheet, Extension guide EM 9350, Selling Eggs and Department of Agriculture 2026 Retail Food Code.

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

The Extension guide says farm-direct sales require candling and gives washing conditions, and the statute names candling only for the ungraded route and for what a license excuses, so the rule basis is unread here.

ORS 632.705(4) says “Candling” means “the examination of the interior of eggs by the use of transmitted light used in a partially dark room or place.” ORS 632.771(5) lets a producer “sell candled eggs using the designation “ungraded”” (quoted in the cartons answer), and 632.715(1)(b) excuses the license “For the sale of uncandled eggs to other than a consumer”. ORS 632.786 bars “Deliver or sell eggs for human consumption that have been incubated or have been in either an artificial or natural incubator” (6), “Sell any eggs or egg products that are adulterated or misbranded” (8) and “Sell any eggs as fresh eggs unless they are of the quality or grade prescribed for fresh eggs by the State Department of Agriculture or the federal Act” (9). The egg sections set no washing method.

The Extension guide (EM 9350, June 2022) says “Egg must be visibly clean. Some eggs may not need to be cleaned at all, but if they are not visibly clean, they can be dry cleaned or wet washed, sanitized and dried.”, “If you are washing eggs, the water must be 20°F higher than the temperature of the egg being washed.”, “Following washing, eggs must be spray-rinsed using an approved sanitizer and dried.” and “Farm-direct sales require a process known as candling.” It says “Eggs that are cracked or inedible should not be sold.” and “Eggs showing blood rings, eggs containing embryo chicks (at or beyond blood ring state) and other examples of inedible eggs as defined by the Oregon egg standards [a link to the Secretary of State’s rules site] are not allowed to be sold.”

The Producer sheet (5-16-22) has a section headed “CANDLING AND GRADING ROOM” that says “Below is a brief summary of the sanitation standards for grading and candling Eggs (603-022-0500).” and lists, among other items, “5. Eggs may be dry cleaned if dry cleaned equipment is kept clean and in good repair.”, “6. Where necessary, washing facilities must be provided. This should include at least one handsink and a two-compartment sink. The washing solution must be maintained in a reasonably clean condition. The temperature of the wash water must be at least 20 degrees Fahrenheit higher then that of the eggs. Eggs can’t be submerged for any length of time during any step of the cleaning procedure. No rags or washcloths may be used.” and “7. All eggs that are wet washed shall be spray rinsed with water containing an approved sanitizing agent.” The guide and the sheet both set the wash water’s margin at 20 degrees Fahrenheit above the eggs’ temperature (the sheet says at least); the guide says washing needs a sanitizer rinse, the sheet places that in the grading room’s rules, and no source read says whether a seller that grades nothing is held to the room’s standards.

For a licensed food establishment the Department’s 2026 Retail Food Code 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 (2000) et seq., administered by the Agricultural Marketing Service of USDA.” (3-202.13).

The rules the guide and the sheet cite, OAR chapter 603 division 22 (and 603-022-0500), are unread here (#442); the Department’s answer on what a farm-direct seller must candle, wash and sanitize is on #443.

Source: ORS 632.705 to 632.815 (Eggs, Processing and Sale), Extension guide EM 9350, Selling Eggs, Department of Agriculture Shell Egg Producer sheet and Department of Agriculture 2026 Retail Food Code.