Can I sell eggs in Pennsylvania?

Do I need a license to sell eggs in Pennsylvania?

PDA’s Eggs from Small Flock Producers guidance says a producer with fewer than 3,000 laying hens is exempt from retail licensing when selling directly on the farm or distributing within 100 miles. It also says facilities with fewer than 3,000 birds packing and selling their own eggs within 100 miles are exempt from Food Establishment registration. The guidance says these producers remain subject to Retail Food Code requirements and may be inspected.

The guidance cites no statute or regulation for this exemption. Seven counties license retail food through their own health departments instead of PDA, and PDA’s Farmers Market page lists them. The sources read for this page do not say whether those departments follow PDA’s small-flock exemption. If your farm is in one of them, ask your county health department as well as PDA.

PDA’s guidance says “less than 3,000 laying hens”; the Egg Refrigeration Law and 7 Pa. Code §88.2(d) say “not exceeding 3,200” for the small-processor temperature exception. Ask PDA how it applies near those thresholds.

Source: PDA, Eggs from Small Flock Producers, PDA, Eggs, which summarizes the five-day sale condition., Egg Refrigeration Law §3(f), 7 Pa. Code §88.2(d) and PDA, Farmers Market.

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

PDA’s small-flock guidance says fewer than 3,000 laying hens and a direct farm sale or distribution within 100 miles. PDA’s Eggs page adds sale within five days of lay. It gives no dozen-per-week cap. The Egg Refrigeration Law and 7 Pa. Code §88.2(d) instead use no more than 3,200 laying hens for their small-processor temperature exception, subject to additional conditions. The sources state different hen thresholds for different provisions; ask PDA which applies to your operation.

Source: PDA, Eggs from Small Flock Producers, PDA, Eggs, which summarizes the five-day sale condition., Egg Refrigeration Law §3(f) and 7 Pa. Code §88.2(d).

Can I sell eggs at a farmers market in Pennsylvania?

PDA’s small-flock guidance says a Retail Food License is required when eggs are sold at a location other than the farm, such as a farmers market. The PDA Farmers Market page says each stand needs its own license and directs vendors in seven named counties to their county health department. The small-flock guidance still applies to the egg handling and sale conditions; contact PDA or the local health department about the license for your stand.

Source: PDA, Eggs from Small Flock Producers and PDA, Farmers Market.

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

PDA’s small-flock guidance says eggs from qualifying flocks may be sold to food processors, restaurants or other retail facilities within 100 miles, for use in their facilities or sale directly to consumers. It does not describe resale by a buyer. Facilities packing eggs for others need Food Establishment registration, and the small-flock guidance also says off-farm market sales require a Retail Food License. Ask PDA about a particular wholesale or resale arrangement.

Source: PDA, Eggs from Small Flock Producers.

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

PDA’s small-flock guidance calls for the producer name and full address, date of lay, the word eggs, net contents, “Keep Refrigerated” and safe-handling instructions. If eggs are not graded to U.S. grade and weight standards, it says mark the carton “Unclassified.” It says used cartons are not prohibited, but they must be clean and any conflicting brand, store, size, grade, distributor, packer or production-code information must be covered or removed. Federal rules put the "Safe Handling Instructions" statement on every carton of shell eggs.

7 Pa. Code §87.52 separately requires consumer receptacles to show identity and net contents and provides grade, weight-class, producer-address and “Unclassified” marking rules. The small-flock guidance gives additional directions for exempt producers. Ask PDA if those sources appear to conflict for your carton.

Source: PDA, Eggs from Small Flock Producers, 7 Pa. Code §87.52 and 21 CFR 101.17(h).

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

The sources give different rules. PDA’s small-flock guidance says “45°F or less” within 24 hours of lay until sale. The Egg Refrigeration Law and 7 Pa. Code §88.2(a) say “55°F” within 24 hours of lay until washed and packed, and §88.2(b) says 45°F or less after washing and packing. The Code’s small-processor exception permits up to 60°F if its conditions are met. These are not the same temperature instructions; ask PDA which rule it applies to your flock and handling.

Source: PDA, Eggs from Small Flock Producers, Egg Refrigeration Law §3(a), (f) and 7 Pa. Code §88.2.

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

PDA’s small-flock guidance says eggs from other fowl, including duck and quail, must identify the species on the carton. It does not explain whether every small-flock exemption and handling rule applies identically to each species. Ask PDA about the species you raise.

Source: PDA, Eggs from Small Flock Producers.

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

PDA’s guidance says dirty, leaking or loss eggs must be removed before sale and gives optional washing directions if you choose to wash. It does not say a qualifying small-flock seller must wash or candle eggs. It says eggs sold to consumers or used in retail food facilities must meet at least U.S. Consumer Grade B standards; ask PDA whether and how that standard is assessed when a seller does not claim a grade.

Source: PDA, Eggs from Small Flock Producers and 7 Pa. Code §87.11.