Can I sell eggs in Texas?

Do I need a license to sell eggs in Texas?

Not from the Texas Department of Agriculture (TDA), if you sell only your own flock's eggs and don't claim a grade. Texas's egg law doesn't apply to that seller, and TDA lists "individuals who sell un-graded eggs from a personal flock to the end user" among those who need no egg license.

A health permit is a separate question. The state health department's guidance speaks only to farmers markets, where you need one. Texas A&M AgriLife says anyone selling their own flock's eggs to the end customer needs a permit from the Department of State Health Services (DSHS) or the local health department. Ask your city or county health department before you sell at your gate or a farm stand.

Source: Tex. Agric. Code §132.002, TDA Egg Quality Program, DSHS farmers' markets and Texas A&M AgriLife.

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

Texas's egg law sets no dozen limit and no hen limit for a farm selling its own eggs ungraded. What brings in a TDA license is grading them, reselling other farms' eggs or selling for resale, not how many you sell.

Federal egg-safety rules start at 3,000 laying hens, for a farm that doesn't sell all its eggs straight to consumers.

Source: Tex. Agric. Code §132.002, 4 TAC §15.2 and 21 CFR 118.1.

Can I sell eggs at a farmers market in Texas?

Yes, with a health permit from DSHS or the local health department. Still no TDA license. The eggs stay at 45°F or colder, and the carton says "ungraded" with your name and address and the "Safe Handling Instructions" statement.

By state law, a permit for a farmer selling straight to consumers lasts at least a year, costs no more than $100 a year, and covers every place you sell in that health department's area: markets, a farm stand, the farm.

Source: DSHS farmers' markets, DSHS Regulatory Clarification No. 9 and Tex. Health & Safety Code §437.0065.

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

Not without a TDA egg license. Anyone who buys or sells eggs for resale needs one, and TDA's label rule for an exempt farm's cartons is written for eggs "sold directly to the consumer". DSHS adds that a food business must get its food from sources licensed by the state authority over it, which for eggs is TDA. Texas A&M AgriLife puts it plainly: you need a license to sell eggs to restaurants or retailers.

A farm that grades its own eggs is licensed as a dealer-wholesaler, with a yearly fee from TDA's rules. That's beyond what this directory is built for.

Source: Tex. Agric. Code §132.021, 4 TAC §15.8, §15.4, DSHS No. 9 and Texas A&M AgriLife.

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

"Ungraded", then "Produced by" with your name, and your address. On a plain carton you may print it by hand, legibly, on the top.

Federal rules put the "Safe Handling Instructions" statement on every carton of shell eggs, and DSHS asks for it at a farmers market. If it is inside the lid, "Keep Refrigerated" goes on the outside.

No reused cartons. TDA's rules let only a carton's original packer reuse it, and DSHS prohibits reuse at a market stall.

Texas law makes it an offense to call eggs below Grade A "fresh", "yard", "new-laid" and the like. That offense is in the egg chapter, which does not apply to someone selling only their own flock's ungraded eggs. AgriLife's guide repeats the wording rule for those sellers anyway, so the statute and the guide don't agree. Ask TDA before you print those words.

Source: 4 TAC §15.8, 21 CFR 101.17(h), DSHS No. 9, Tex. Agric. Code §132.084, Tex. Agric. Code §132.002 and Texas A&M AgriLife.

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

Yes, at 45°F or colder. TDA's egg rules store packed eggs at 45°F or less, and DSHS holds a market stall to the same line, on the way there and until the sale. Texas A&M AgriLife says the eggs must always be kept at 45°F or lower.

Source: 4 TAC §15.7, DSHS No. 9 and Texas A&M AgriLife.

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

Texas's egg law defines an egg as a chicken egg, so its license rules say nothing about duck or quail eggs. Texas A&M AgriLife says chicken and non-chicken eggs sold at a farmers market meet the same requirements. Anywhere else, ask TDA and your local health department.

Source: Tex. Agric. Code §132.001 and Texas A&M AgriLife.

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

Candling, no, unless you grade. In Texas a grade and size are set by candling and weighing by a TDA licensee, and an exempt seller claims no grade.

Washing: the state rules and guidance we read don't tell an exempt seller to wash. Texas A&M AgriLife recommends washing dirty eggs in water at least 20°F warmer than the egg and at least 90°F, then drying and cooling them quickly.

Source: Tex. Agric. Code §132.041 and Texas A&M AgriLife.