Can I sell eggs in Washington?

Do I need a license to sell eggs in Washington?

The Department of Agriculture’s egg page says a producer selling eggs from their own flock directly to the end consumer from the place of production needs neither an egg handler/dealer license nor egg seals, and that a farmers market or direct-to-retail sale takes the license; the Department of Revenue’s page says the first of those needs no license. The sources do not settle how the statute’s own wording of who is a dealer fits the on-farm sale, what became of the 3,000-hen exemption the director may grant, or what the housing standards in the same chapter ask of a small flock.

The license is an egg dealer’s. RCW 69.25.050(1)(a) says “No person may act as an egg handler or dealer without first obtaining an annual license and permanent dealer’s number from the department” (“this chapter” is chapter 69.25 RCW, sections 69.25.010 to 69.25.930, the Washington wholesome eggs and egg products act). RCW 69.25.020(16) says “‘Egg handler’ or ‘dealer’ means any person who produces, contracts for or obtains possession or control of any eggs or egg products for the purpose of sale to another dealer or retailer, or for processing and sale to a dealer, retailer or consumer. For the purpose of this chapter, ‘sell’ or ‘sale’ includes the following: Offer for sale, expose for sale, have in possession for sale, exchange, barter, trade, or as an inducement for the sale of another product.” An “egg” is “the shell egg of the domesticated chicken, turkey, duck, goose, or guinea, or any other specie of fowl” (RCW 69.25.020(15)).

The license is an endorsement on the state business license. RCW 69.25.050(1)(b) says “Application for an egg dealer license and renewal or egg dealer branch license must be made through the business licensing system as provided under chapter 19.02 RCW and expires on the business license expiration date. The annual egg dealer license fee is thirty dollars and the annual egg dealer branch license fee is fifteen dollars.” The Department of Revenue’s page lists the endorsement at “$30” for the “Main location” and “$15” for “Each additional location (branch),” a “Business License Application fee” it calls a “Variable fee,” and a $5 trade-name registration; the Department of Agriculture’s egg page lists “Egg Handler/Dealer License: $30.00 for the first location, $15.00 for each additional location” and a business license application at “$19/$90.” The Department of Agriculture’s egg page says “WSDA does not issue the egg handler dealer license.” Its license page says “License issued by Business Licensing Service.” The rest of subsection (1)(b) says “A copy of the business license issued under chapter 19.02 RCW must be posted at each location where the licensee operates. The application must include the full name of the applicant for the license, the location of each facility the applicant intends to operate, and, if applicable, documentation of compliance with RCW 69.25.065 or 69.25.103.” RCW 69.25.103 says “Any egg handler or dealer involved with the in-state production of eggs or egg products only intended for sale outside of the state of Washington must ensure that the associated commercial egg layer operation is in compliance with the applicable standards as provided in RCW 69.25.065 and 69.25.107.” That is production only intended for sale outside Washington. RCW 69.25.060 says “If the application for the renewal of an egg handler’s or dealer’s license is not filed before the business license expiration date, the business license delinquency fee must be assessed under chapter 19.02 RCW and must be paid by the applicant before the renewal license is issued.” That section states no dollar amount, and chapter 19.02 RCW was not read.

The on-farm sale is worded three ways. The Department of Agriculture’s egg page says “Egg producers who sell eggs from their own flocks at the place of production, directly to consumers for their own personal use, are not required to be licensed or buy egg seals,” and, under “On-Farm Sales and CSA,” “Poultry or egg producers may sell eggs from their own flocks directly to the end consumer from the place of production without the purchase of an Egg Handler/Dealer License or Egg Seals from WSDA.” The Department of Revenue’s page says “Poultry producers who sell eggs from their own flocks at the place of production directly to household consumers don’t need to be licensed.” The same Department of Agriculture page also says “All eggs sold in Washington have to be sold under an Egg Handler/Dealer License that is available from the Department of Revenue.” The statute’s power to excuse such a sale is the director’s, by rule: RCW 69.25.170(1) says “The director may, by regulation and under such conditions and procedures as he or she may prescribe, exempt from specific provisions of this chapter:” and lists in (c) “The sale of eggs by any poultry producer from his or her own flocks directly to a household consumer exclusively for use by such consumer and members of his or her household and his or her nonpaying guests and employees, and the transportation, possession, and use of such eggs in accordance with this subsection.” It names no place of sale in (c); the pages name “the place of production.” The one rule read under that power, WAC 16-108-050 (chapter 16-108 WAC is “Washington state egg seals and assessments”), says “In conformance with the authority set forth in RCW 69.25.170(1) egg seals shall not be required in the sale of eggs by: (1) Any poultry producer from their own flocks directly to a household consumer exclusively for use by such consumer and members of their household and their nonpaying guests and employees; and (2) Shell egg packers on their own premises directly to household consumers for use by such consumer and members of their household and their nonpaying guests and employees.” It excuses egg seals and says nothing of the license. The only other chapter in the Department’s Title 16 with “eggs” in its title, chapter 16-104 WAC, uses “household consumers” once, in the exemption for a licensed wholesale shell egg dealer’s sale of consumer grade checks (WAC 16-104-200), and no rule read excuses the on-farm sale from the license.

Whether the statute’s dealer definition reaches the on-farm sale is not settled by any source read. The definition’s last clause, quoted above, is the one about processing. The statute defines “Processing” as “manufacturing egg products, including breaking eggs or filtering, mixing, blending, pasteurizing, stabilizing, cooling, freezing, drying, or packaging egg products” (RCW 69.25.020(38)), and “Egg product” as “any dried, frozen, or liquid eggs, with or without added ingredients, excepting products which contain eggs only in a relatively small proportion, or historically have not been, in the judgment of the director, considered by consumers as products of the egg food industry, and which may be exempted by the director under such conditions as the director may prescribe to assure that the egg ingredients are not adulterated and are not represented as egg products” (RCW 69.25.020(18)(a)). The Department of Revenue’s page words it differently, “Process eggs and sell them to wholesalers, dealers, retailers or consumers within or into Washington,” and the Department of Agriculture’s egg page, “A Washington State Egg Handler/Dealer License is required for businesses or persons that produce, handle, contract for, or obtain possession or control of eggs for sale to wholesalers, dealers or retailers within or into Washington; or for processing and sale to wholesalers, dealers, retailers, foodservice, institutional consumers, or consumers within or into Washington.” WAC 16-104-330(6) speaks of shell eggs “prior to processing/grading.” No source read says in terms whether packing a flock’s own shell eggs in cartons for sale to a household is “processing.” Chapter 15.130 RCW, the food law, defines “Process,” “processing” as “manufacturing, processing, packing, canning, bottling, or any other production, preparation, or putting up” (RCW 15.130.010(13)); chapter 69.25 RCW has its own definition, and no source read says which reaches an egg.

Egg seals and an assessment ride with the license. RCW 69.25.250(1)(a) says “There is hereby levied an assessment not to exceed three mills per dozen eggs entering intrastate commerce, as prescribed by rules issued by the director. The assessment is applicable to all eggs entering intrastate commerce, except as provided in RCW 69.25.170 and 69.25.290, and must be paid to the director on a monthly basis on or before the tenth day following the month the eggs enter intrastate commerce.” WAC 16-108-010(1) sets “A fee of $0.00268 cents effective July 1, 1999, per dozen eggs is hereby established for every egg handler or dealer who pays assessments monthly in lieu of seals and for Washington state egg seals and facsimile type Washington state egg seals imprinted on egg containers.” The Department’s egg page says “Stick-on seals can be purchased for $2.68 for 1,000 dozen from the Washington State Department of Agriculture. Payment to the department is required prior to delivery,” and its order form (AGR-2505, R/10/22) lists “1 seal covers 1 dozen eggs — 1,000 per roll” at “$ 2.68.” The Department’s egg page says “Payment of assessment per dozen eggs is required for the sale of eggs in intrastate commerce except as provided in RCW 69.25.290 or in WAC 16-108-050.” It names RCW 69.25.290 (which excludes sales out of state, to the federal government, to breaking plants and between dealers) and WAC 16-108-050, and the statute’s sentence, quoted above, names RCW 69.25.170 and 69.25.290.

A violation of the chapter or a rule under it is a crime and a civil penalty: RCW 69.25.150(1)(a) says “Except as provided in (b) of this subsection, any person violating any provision of this chapter or any rule adopted under this chapter is guilty of a misdemeanor.” Paragraph (b) says “A second or subsequent violation is a gross misdemeanor. Any offense committed more than five years after a previous conviction shall be considered a first offense,” and (2) says “Whenever the director finds that a person has committed a violation of any of the provisions of this chapter, and that violation has not been punished pursuant to subsection (1) of this section, the director may impose upon and collect from the violator a civil penalty not exceeding one thousand dollars per violation per day. Each violation shall be a separate and distinct offense.”

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

Source: RCW 69.25 (Washington wholesome eggs and egg products act), chapter 16-108 WAC (egg seals and assessments), chapter 16-104 WAC (shell eggs), chapter 15.130 RCW (food law), Department of Agriculture egg page, Department of Agriculture egg handler/dealer license page, Department of Revenue egg handler/dealer page and Egg seals order form.

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

The sources read set no dozen-a-week line on the on-farm sale. The license turns on the kind of sale, who buys and where, and the only flock-size line is 3,000 hens, which the sources word several ways and none of them settles.

The statute lets the director exempt the small producer by rule: RCW 69.25.170(1) says “The director may, by regulation and under such conditions and procedures as he or she may prescribe, exempt from specific provisions of this chapter:” and lists in (e) “The sale of eggs by any egg producer with an annual egg production from a flock of three thousand hens or less.” Subsection (2) says “The director may modify or revoke any regulation granting exemption under this chapter whenever he or she deems such action appropriate to effectuate the purposes of this chapter.” The one rule read under that power, WAC 16-108-050, names the producer’s sale to a household consumer (from (c)) and the shell egg packer’s on its own premises (from (d)), and not (e). No rule read grants the (e) exemption, and no source read says which provisions of the chapter it would reach.

The Department of Agriculture’s off-farm guide reads the line as a federal one. It says “These Guidelines are intended for Shell Egg Producers who sell eggs off the farm and are USDA Exempt (flocks of 3,000 or fewer hens)” and its first step is “Contact the WSDA Food Safety Program for an Egg Information Packet. 360-902-1876. This Packet contains a license application from Washington State Master License Service for an ‘Egg Handler/Dealer’ license endorsement” (“Ver. 11-06-08”). The Department’s egg page repeats the first sentence under “Off-Farm Sales.” The Department of Agriculture’s egg page also says “From January 1, 2024, chicken egg producers with more than 3,000 laying hens will have to attest to the following in order to receive their Egg Handler Dealer endorsement from the Department of Revenue.”

The cage-free housing standards are in the same chapter. RCW 69.25.065(4) says “All new and renewal applications submitted under RCW 69.25.050 on or after January 1, 2024, must include proof that all eggs and egg products provided in intrastate commerce by the applicant are produced by commercial egg layer operations that are either: (a) Housing egg-laying hens with at a minimum the amount of usable floor space per hen required by the 2017 edition of the united egg producers’ Animal Husbandry Guidelines for United States Egg-Laying Flocks: Guidelines for Cage-Free Housing, or a subsequent version of the plan recognized by the department in rule as providing equal or more usable floor space per egg-laying hen and, in addition, are operated to the standards identified in RCW 69.25.107; or (b) Operated in strict compliance with any standards, adopted by the department in rule, that are equivalent to or more stringent than the standards identified in (a) of this subsection.” Subsection (5) says “The following are exempt from the requirements of subsections (2) and (3) of this section: (a) Applicants with fewer than three thousand laying chickens; and (b) Commercial egg layer operations when producing eggs or egg products from turkeys, ducks, geese, guineas, or other species of fowl other than domestic chickens.” It names subsections (2) and (3), which covered applications before 2024, and not (4). RCW 69.25.110(4) says “No person shall buy, sell, or transport, or offer to buy or sell, or offer or receive for transportation, in intrastate commerce any egg or egg product that was not produced in compliance with the standards required by RCW 69.25.065 and 69.25.107. This prohibition shall not apply to any sale undertaken at an official plant at which mandatory inspection is maintained under the federal egg products inspection act, 21 U.S.C. Sec. 1031 et seq. For the purposes of this subsection, a sale is deemed to occur at the location where the buyer takes physical possession of an item.” The definitions in RCW 69.25.020 do not define “commercial egg layer operation,” and no source read says whether a backyard flock is one.

The Department of Revenue’s Agriculture Addendum (BLS 700 307, 8/6/26), section D, asks “Does your operation have fewer than 3,000 laying chickens, or only produces eggs and/or egg products from turkeys, ducks, geese, guineas, or fowl other than domestic chickens?” and, for an applicant who answers No, asks them to check an attestation that the eggs are produced by operations that meet the 2017 cage-free guidelines. The statute says “fewer than three thousand laying chickens” (RCW 69.25.065(5)(a)) and “three thousand hens or less” (RCW 69.25.170(1)(e)), the Department of Agriculture’s off-farm guide says “3,000 or fewer hens,” its egg page says “more than 3,000 laying hens,” and the federal rule says “3,000 or more”: a flock of exactly 3,000 falls on different sides of them. The form and the egg page are for the license application, and no source read says whether a farm that holds no license is held to RCW 69.25.110(4).

RCW 69.25.107 is the other housing section. Subsection (2) says “All commercial egg layer operations required under RCW 69.25.065 to house egg-laying hens with at a minimum the amount of usable floor space per hen required by the 2017 edition of the united egg producers’ Animal Husbandry Guidelines for United States Egg-Laying Flocks: Guidelines for Cage-Free Housing, or a subsequent version of the plan recognized by the department in rule as providing equal or more useable floor space per egg-laying hen, must ensure that the hens are housed in a cage-free housing system.” It spells the word “useable”; RCW 69.25.065(4) spells it “usable.” Subsection (3) says “Subsection (2) of this section does not apply:” and lists “(a) During medical research;” “(b) During examination, testing, individual treatment, or operation for veterinary purposes;” “(c) During transportation, or depopulation operations for periods of no more than seven days in any eighteen-month period;” “(d) During rodeo exhibitions, state or county fair exhibitions, 4-H programs, and similar exhibitions;” “(e) During the slaughter of an egg-laying hen in accordance with applicable laws and regulations; or” and “(f) During temporary periods for animal husbandry purposes of no more than six hours in any twenty-four hour period, and no more than twenty-four hours in any thirty-day period.” Subsection (1) is the enriched-colony line, for the operations that RCW 69.25.065(2) and (3) send to the American humane association plan: “All commercial egg layer operations required under RCW 69.25.065 to meet the American humane association facility system plan, or an equivalent to the plan, must also ensure that all hens in the operation are provided with: (a) No less than one hundred sixteen and three-tenths square inches of space per hen; and (b) Access to areas for nesting, scratching, and perching.” RCW 69.25.065(5) names subsections (2) and (3) and does not name subsection (1) either.

RCW 69.25.020 defines the terms. Subsection (5) says “"Cage-free housing system" means an indoor or outdoor controlled environment for egg-laying hens within which: (a) Hens are free to roam unrestricted except by external walls; (b) Hens are provided enrichments that allow them to exhibit natural behaviors including, at a minimum, scratch areas, perches, nest boxes, and dust bathing areas; and (c) Farm employees can provide care while standing somewhere within the hens’ usable floor space.” Subsection (42) says “"Usable floor space" means the total square footage of floor space provided to each egg-laying hen, calculated by dividing the total square footage of floor space in an enclosure by the number of hens in that enclosure. "Usable floor space" includes ground space and elevated level or nearly level platforms to accommodate egg flow upon which hens can roost, but does not include perches or ramps.” The Department of Agriculture’s egg page and the Department of Revenue’s form BLS 700 307 attest to eggs “provided in intrastate commerce by the applicant (including eggs brought in from out of state for resale)”; RCW 69.25.065(4) has no parenthetical, and no source read says what it adds.

The federal egg safety rule has its own line. 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) says “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.”

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

Source: RCW 69.25 (Washington wholesome eggs and egg products act), WAC 16-108-050, Department of Agriculture off-farm guide, Department of Agriculture egg page, Department of Revenue Agriculture Addendum (BLS 700 307) and 21 CFR 118.1.

Can I sell eggs at a farmers market in Washington?

The Department of Agriculture’s egg page says a farmer selling eggs at a farmers market must hold the Egg Handler/Dealer license, and the Department of Revenue’s page excuses only a sale at the place of production. The statute names no farmers market, and what the local health district asks of a market stall is not in the sources read.

The Department of Agriculture’s egg page says, under “Farmers Markets and Direct to Retail,” “Farmers selling eggs (from a chicken, goose, turkey, duck, guinea, or any species of fowl) at farmers markets and through direct to retail sales (i.e. restaurants and grocery stores) must comply with the requirements of RCW 69.25 and be licensed through the Washington State Department of Revenue (WSDOR) as an Egg Handler/Dealer. Local health districts have jurisdiction over farmers markets in their areas and may conduct market inspections to assure vendor compliance with local rules and regulations.” The next sentence reads “Direct to retail sales also require obtaining Egg Seals from the Washington State Department of Agriculture.” It names direct-to-retail sales and not a market stall. The Department’s off-farm guide goes further: “Labeling includes a ‘stick on’ Egg Seal on each ‘Dozen’ package. Payment of assessment per dozen eggs is required for the sale of eggs in intrastate commerce such as sales at farmer’s markets and retail outlets.” The guide is the only source read that names a farmers market with egg seals or the assessment, and the statute and WAC 16-108-050 name none. The license page says the same about the local health districts: “Local health districts have jurisdiction over farmers markets in their areas and may conduct market inspections to assure vendor compliance with local rules and regulations.” The Department of Revenue’s page says “Poultry producers who sell eggs from their own flocks at the place of production directly to household consumers don’t need to be licensed.” The word “market” appears in chapter 69.25 RCW only in its statement of findings, about markets for eggs.

The Department of Health’s food establishment rule does not say whether an egg stall is one. WAC 246-215-01115(50)(a) says “food establishment means an operation that: (i) Stores, prepares, packages, serves, and vends food directly to the consumer, or otherwise provides food for human consumption such as a restaurant; satellite or catered feeding location; catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people; market; vending location; conveyance used to transport people; institution; or food bank; and (ii) Relinquishes possession of food to a consumer directly, or indirectly through a delivery service such as home delivery or grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers.” The definition’s paragraph (c) lists what a food establishment “does not include,” and (iii) is “A food processing plant, cottage food operation, or other establishment for activities regulated by the Washington state department of agriculture or the United States Department of Agriculture.” The rule’s receiving section says “Raw eggs must be received in refrigerated equipment that maintains an ambient air temperature of 45°F (7°C) or less” (WAC 246-215-03235(3)). The rule names a farmers market once more, in its definition of a temporary food establishment: WAC 246-215-01115(126) says “‘temporary food establishment’ means a food establishment: (a) Operating at a fixed location, with a fixed menu, for not more than twenty-one consecutive days in conjunction with a single event or celebration, such as a fair or festival; or (b) Operating not more than three days a week at a fixed location, with a fixed menu, in conjunction with an approved, recurring, organized event, such as a farmers market.” No source read says whether an egg stall at a market is a food establishment or a temporary one, what permit a market or its health district asks of it, or what a market’s own rules add. Chapter 69.22 RCW, the cottage food chapter, does not use the word “egg.”

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

Source: Department of Agriculture egg page, Department of Agriculture egg handler/dealer license page, Department of Revenue egg handler/dealer page, chapter 246-215 WAC (Department of Health food service rule), chapter 69.22 RCW (cottage food) and RCW 69.25.

Can I sell my Washington eggs to a store or restaurant?

The Department of Agriculture’s egg page says a farmer selling direct to a restaurant or grocery store must hold the Egg Handler/Dealer license and buy egg seals. The statute calls a restaurant that buys eggs for serving patrons a “consumer,” and the sources read do not say how that fits the page’s direct-to-retail sale or the statute’s “household consumer.”

The Department of Agriculture’s egg page says “Farmers selling eggs (from a chicken, goose, turkey, duck, guinea, or any species of fowl) at farmers markets and through direct to retail sales (i.e. restaurants and grocery stores) must comply with the requirements of RCW 69.25 and be licensed through the Washington State Department of Revenue (WSDOR) as an Egg Handler/Dealer” and “Direct to retail sales also require obtaining Egg Seals from the Washington State Department of Agriculture.” Its license page says “A Washington State Egg Handler/Dealer License is required for businesses or persons that produce, handle, contract for, or obtain possession or control of eggs for sale to wholesalers, dealers or retailers within or into Washington; or for processing and sale to wholesalers, dealers, retailers, foodservice, institutional consumers, or consumers within or into Washington.”

The statute’s words are different. RCW 69.25.020(10) says “‘Consumer’ means any person who purchases eggs or egg products for his or her own family use or consumption; or any restaurant, hotel, boarding house, bakery, or other institution or concern which purchases eggs or egg products for serving to guests or patrons thereof, or for its own use in cooking or baking.” “Retailer” is “any person in intrastate commerce who sells eggs or egg products to a consumer” (RCW 69.25.020(40)), and “At retail” is “any transaction in intrastate commerce between a retailer and a consumer” (RCW 69.25.020(3)). The exemption power names “a household consumer” (RCW 69.25.170(1)(c)), a term the definitions do not define, and the statute’s “consumer” includes a restaurant that buys for serving patrons. No source read says whether a restaurant that collects eggs at the farm is the page’s direct-to-retail sale or the statute’s consumer, or whether a bakery or a grocery store is a “retailer” when the eggs come straight from the producer.

Grading is a second question. WAC 16-104-190(5) says “‘No grade’ or ‘receipts’ means eggs of possible edible quality on which no grade determination has been made or that fail to meet the requirements of an official Washington state consumer grade or that may have been contaminated by smoke, chemicals or other foreign material which may have seriously affected the character, appearance or flavor of the eggs. ‘No grade’ or ‘receipts’ eggs shall be sold only to a dealer who shall be equipped to assign a grade.” The Department of Agriculture’s off-farm guide for flocks “of 3,000 or fewer hens” says “If the eggs are ungraded and not weighed, the packages/cartons shall not be labeled with a grade or size” and “Domesticated chicken hen eggs are subject to Grading and Sizing.” No source read says how those two fit, or whether the guide’s ungraded carton is the “no grade” egg of the rule.

RCW 69.25.320(1) lets the director require an invoice for some sales: “In addition to any other records required to be kept and furnished the director under the provisions of this chapter, the director may require any person who sells to any retailer, or to any restaurant, hotel, boarding house, bakery, or any institution or concern which purchases eggs for serving to guests or patrons thereof or for its use in preparation of any food product for human consumption, candled or graded eggs other than those of his or her own production sold and delivered on the premises where produced, to furnish that retailer or other 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 director, together with the name and address of the person by whom the eggs were sold.” It reaches “candled or graded eggs.” The rest of subsection (1) says “The person selling and the retailer or other purchaser shall keep a copy of said invoice on file at his or her place of business for a period of thirty days, during which time the copy shall be available for inspection at all reasonable times by the director: PROVIDED, That no retailer or other purchaser shall be guilty of a violation of this chapter if he or she can establish a guarantee from the person from whom the eggs were purchased to the effect that they, at the time of purchase, conformed to the information required by the director on such invoice: PROVIDED FURTHER, That if the retailer or other purchaser having labeled any such eggs in accordance with the invoice keeps them for such a time after they are purchased as to cause them to deteriorate to a lower grade or standard, and sells them under the label of the invoice grade or standard, he or she shall be guilty of a violation of this chapter.” Subsection (4) says “No invoice shall be required on eggs when packed for sale to the United States department of defense, or a component thereof, if labeled with grades promulgated by the United States secretary of agriculture.”

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

Source: Department of Agriculture egg page, Department of Agriculture egg handler/dealer license page, RCW 69.25, WAC 16-104-190 and Department of Agriculture off-farm guide.

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

The Department of Agriculture’s off-farm guide lists what a carton carries, and the statute and rules put some of it on a dealer’s containers. No source read says which of it an on-farm seller must put on a carton.

RCW 69.25.310(1) says “All containers used by an egg handler or dealer to package eggs shall bear the name and address or the permanent number issued by the director to said egg handler or dealer.” The rest of subsection (1) says “Such permanent number shall be displayed in a size and location prescribed by the director. It shall be a violation for any egg handler or dealer to use a container that bears the permanent number of another egg handler or dealer unless such number is totally obliterated prior to use. The director may in addition require the obliteration of any or all markings that may be on any container which will be used for eggs by an egg handler or dealer.” Subsection (2) says “Notwithstanding subsection (1) of this section and following written notice to the director, licensed egg handlers and dealers may use new containers bearing another handler’s or dealer’s permanent number on a temporary basis, in any event not longer than one year, with the consent of such other handler or dealer for the purpose of using up existing container stocks. Sale of container stock shall constitute agreement by the parties to use the permanent number.” WAC 16-104-330(1), the cooler room rule for shell eggs “packed in consumer containers,” says “All containers shall be clearly labeled with the words ‘keep refrigerated,’ in lettering as follows: Cartons: 1/8 inch minimum Cases: 1 inch minimum Baskets and racks: 1 inch minimum” and “This provision shall apply to baskets, racks, cases and cartons acquired after June 1, 1992.” WAC 16-104-360 says “Eggs which are to be distributed with consumer grademarks shall be packaged only in new or good used cases, baskets or racks. They shall be clean, and have sufficient strength and durability to protect the eggs during normal distribution. Reuse of egg cartons or flats after distribution to a consumer outlet shall not be allowed. Used flats may be used for transporting and/or holding nest-run or restricted eggs prior to grading or breaking.”

The Department of Agriculture’s off-farm guide (“Ver. 11-06-08,” for flocks “of 3,000 or fewer hens”) says “Use new packaging (pulp cartons, etc.)” and “The labels must include: Common name of the food – ‘Eggs’; Quantity, the number of eggs, ‘One Dozen’; Name and Address of the egg producer; The statement ‘Keep Refrigerated’; The statement ‘SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria: Keep eggs refrigerated, cook eggs until yolks are firm, and cook foods containing eggs thoroughly.’ Domesticated chicken hen eggs are subject to Grading and Sizing. Quality designations and sizing weight ranges are determined by candling and weighing. (16.104 WAC and USDA Egg Grading Manual) If the eggs are ungraded and not weighed, the packages/cartons shall not be labeled with a grade or size. A ‘Pull Date’ or ‘Best By’ date must be stated. It may be hand written on the end of the carton or in a conspicuous location that is clearly discernible. Shell eggs are a perishable food item. The ‘Pull Date’ must first show the month then the day of the month (e.g. Jun 14 or 06 14). (16.142 WAC) Recommended dates are 30 days after production, not to exceed 45 days.” It adds “Labeling includes a ‘stick on’ Egg Seal on each ‘Dozen’ package.”

Federal rules put the "Safe Handling Instructions" statement on shell eggs (21 CFR 101.17(h)). Paragraph (h)(4) is the exemption from the statement. 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.” Paragraph (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.” Paragraph (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)(5) is a separate path, for eggs not sold direct to consumers, and 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.” The Department’s guide prints the statement with “Keep” capitalized and does not mention the hairline box.

The pull date rests on the food law. RCW 15.130.300(1) says “All perishable packaged foods in intrastate commerce with a projected shelf life of thirty days or less must state a pull date on the package,” and (2) “The pull date must be stated by month and day and be in a style and format that is readily decipherable by consumers.” “Perishable packaged food” means “all food intended for human consumption that is canned, bottled, or packaged at a time other than at the point of retail sale, has a risk of spoilage within thirty days, and is determined by the department in rule to be perishable. The term does not include raw agricultural commodities, alcoholic beverages, frozen foods, fresh meat, fresh poultry, fresh fish, and fresh shellfish” (RCW 15.130.010(11)), and RCW 15.130.010(15) says “‘Raw agricultural commodity’ means the same as ‘raw agricultural commodity’ in 21 U.S.C. Sec. 321.”. The Department’s guide says “Shell eggs are a perishable food item” and ties the pull date to “16.142 WAC.” Chapter 16-142 WAC, the pull-dating rule, does not use the word “egg,” and no source read says whether a shell egg is one the Department has “determined” in rule to be perishable, or whether it is a raw agricultural commodity that the definition leaves out. WAC 16-142-140 says “The pull date must first show the month then the day of the month,” and the Department’s guide says “Recommended dates are 30 days after production, not to exceed 45 days.”

Seals are a separate mark. The Department of Agriculture’s egg page says “Egg producers who sell eggs from their own flocks at the place of production, directly to consumers for their own personal use, are not required to be licensed or buy egg seals” and “Direct to retail sales also require obtaining Egg Seals from the Washington State Department of Agriculture.” WAC 16-108-040 asks a dealer who pays the assessment monthly in lieu of seals to print its number: “The permanent egg handler or dealer’s number shall appear on the outside of the container closure, the characters shall be not less than 1/8 inch in height. The numbers shall be preceded by the letters WA- or 53-, which designates the state of Washington.”

A listing with a price, and a pickup arranged online, are not addressed by the egg sources. Chapter 69.25 RCW, chapters 16-104, 16-108 and 16-142 WAC, the Department of Agriculture’s egg page, license page, off-farm guide and seals form, and the Department of Revenue’s page and addendum, all read whole on 2026-09-30, do not use “advertisement,” “internet,” “website” or “pickup” about a sale, apart from the sites’ menus. They use “online” only to apply for the license (“Apply online,” “10 business days if submitted online”), to pay for seals (“how to pay online”) and to buy packaging (“Packaging may be purchased online”). What they say of a sale is RCW 69.25.020(16): “For the purpose of this chapter, ‘sell’ or ‘sale’ includes the following: Offer for sale, expose for sale, have in possession for sale, exchange, barter, trade, or as an inducement for the sale of another product.” (“this chapter” is chapter 69.25 RCW.) The food law, chapter 15.130 RCW, says “‘Advertisement’ means all representations, other than by labeling, that directly or indirectly induce, or are likely to induce, the purchase of food” (RCW 15.130.010(1)), “‘Sale,’ ‘sell,’ ‘selling’ means all parts of transactions concerning food including, but not limited to, advertising, offering, acceptance, dispensing, giving, delivering, serving, bartering, trading, or other supplying, holding for sale, and preparing for sale” (RCW 15.130.010(16)), and RCW 15.130.220(1) says “A person may not disseminate false advertising with respect to food within the state, in any manner or by any means or through any medium.” No source read says that a price in a listing needs a grade, a size or a label, whether a listing is an offer for sale under chapter 69.25 RCW, or whether a pickup arranged online is a sale at the place of production.

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

Source: RCW 69.25.310, chapter 16-104 WAC (shell eggs), Department of Agriculture off-farm guide, 21 CFR 101.17(h), RCW 15.130.300 and 15.130.010, chapter 16-142 WAC (pull dating), WAC 16-108-040, Department of Agriculture egg page, Department of Agriculture egg handler/dealer license page, Egg seals order form and Department of Revenue egg handler/dealer page.

How cold do I have to keep eggs in Washington?

Forty-five degrees Fahrenheit or colder is the number the statute, the rules and the Department of Agriculture’s guide all give, each for its own eggs: graded eggs packed for consumers, eggs at display, and cleaned eggs in the guide for off-farm sales. The Department’s egg page gives no number for an on-farm sale to a household.

RCW 69.25.320(3) says “After being received at the point of first purchase, all graded shell eggs packed in containers for the purpose of sale to consumers shall be held and transported under refrigeration at ambient temperatures no greater than forty-five degrees Fahrenheit (seven and two-tenths degrees Celsius). This provision shall apply without limitation to retailers, institutional users, dealer/wholesalers, food handlers, transportation firms, or any person who handles eggs after the point of first purchase.” WAC 16-104-330(1) says “After processing and grading, shell eggs packed in consumer containers shall be refrigerated at maximum of forty-five degrees Fahrenheit, ambient air temperature,” (5) “All facilities where eggs are offered for sale to consumers, shall be maintained in a clean and sanitary condition. Display and storage temperatures shall be maintained at a maximum of forty-five degrees Fahrenheit ambient air temperature,” (3) “All shell egg coolers shall be equipped with a hygrometer or portable equipment such as a psychrometer to determine that relative humidity is at least seventy percent. When necessary, humidifying equipment capable of maintaining seventy percent relative humidity, to minimize shrinkage, shall be provided: Provided, That this requirement shall not apply to refrigerated vehicles used to transport shell eggs,” and (8) “Refrigeration is required during all transit of graded product when transit time will require an excess of two hours. Temperatures during all transit of graded product shall be maintained at a maximum of forty-five degrees Fahrenheit ambient air temperature.” For eggs not yet graded, (6) says “Shell eggs stored prior to grading shall be refrigerated at a maximum of fifty-five degrees Fahrenheit ambient air temperature, when time prior to processing/grading exceeds twenty-four hours. When time during transport of ungraded eggs will exceed three hours, refrigeration at fifty-five degrees Fahrenheit maximum is required. Transport time of shell eggs prior to processing/grading of three hours or less in unrefrigerated vehicles is allowed, however, that time shall be included as part of the twenty-four hours.”

The Department of Agriculture’s off-farm guide, for flocks “of 3,000 or fewer hens,” says “A designated refrigerator is required. The refrigerator is not required to be new or of a commercial type and may be placed in the garage, etc. Equip the refrigerator with a suitable thermometer so you can routinely verify that the 40º F to 45º F egg storage temperature is being maintained,” “Refrigerate the ‘cleaned’ eggs immediately to 45º F or less. The ‘cleaned’ eggs can be packaged later. Store ‘finished’ packaged at eggs 45º F or less,” and “Transport refrigerated egg packages/cartons in an easily cleanable, portable cooler with frozen gel packs to maintain 45º F or less temperature until eggs are distributed to retail outlet or sold to consumers.” The Department of Agriculture’s egg page says “Shell eggs are a perishable food and must be handled properly with care under cold and sanitary conditions to assure consumer safety.” The Department of Health’s rule for food establishments says “Except as specified in subsections (2) through (4) of this section, refrigerated, time/temperature control for safety food must be at a temperature of 41°F (5°C) or below when received” and “Raw eggs must be received in refrigerated equipment that maintains an ambient air temperature of 45°F (7°C) or less” (WAC 246-215-03235(1), (3)).

The federal rule is for large farms. 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 binds a farm through 21 CFR 118.1, quoted in the answer on how many eggs, which reaches “3,000 or more laying hens.”

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

Source: RCW 69.25.320, WAC 16-104-330, Department of Agriculture off-farm guide, Department of Agriculture egg page, WAC 246-215-03235, 21 CFR 118.4(e) and 21 CFR 118.1.

Can I sell duck, quail or goose eggs in Washington?

Chapter 69.25 RCW covers duck and goose eggs and any other fowl’s, and the Department of Agriculture’s egg page lists the same birds; the grade standards cover chicken hen eggs only. No source read names quail in the egg chapter.

RCW 69.25.020(15) says “‘Egg’ means the shell egg of the domesticated chicken, turkey, duck, goose, or guinea, or any other specie of fowl.” The Department of Agriculture’s egg page says “Farmers selling eggs (from a chicken, goose, turkey, duck, guinea, or any species of fowl) at farmers markets and through direct to retail sales (i.e. restaurants and grocery stores) must comply with the requirements of RCW 69.25 and be licensed through the Washington State Department of Revenue (WSDOR) as an Egg Handler/Dealer.” The Department of Revenue’s page says “Poultry producers who sell eggs from their own flocks at the place of production directly to household consumers don’t need to be licensed” and does not name a bird. Neither chapter 69.25 RCW nor the two departments’ pages name quail.

The grade rule is narrower. WAC 16-104-130(1) says “The Washington state standards for quality of individual shell eggs contained in this order are applicable only to eggs that are the product of the domesticated chicken hen and are in the shell.” The Department’s off-farm guide says “Domesticated chicken hen eggs are subject to Grading and Sizing.”

The housing standards name other fowl. RCW 69.25.065(5)(b) exempts “Commercial egg layer operations when producing eggs or egg products from turkeys, ducks, geese, guineas, or other species of fowl other than domestic chickens” from subsections (2) and (3), and the Department of Revenue’s Agriculture Addendum, quoted in the answer on how many eggs, puts the same non-chicken operations on its “Yes” side of the flock-size question. The Department of Health’s food rule says “egg means the shell egg of avian species such as chicken, duck, goose, guinea, quail, ratites, turkey, or any other species of fowl” (WAC 246-215-01115(38)(a)). No source read says whether quail eggs are “any other specie of fowl” in RCW 69.25.020(15), or whether the federal rules quoted in the answers on how many eggs and on cartons reach them.

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

Source: RCW 69.25.020, Department of Agriculture egg page, Department of Revenue egg handler/dealer page, WAC 16-104-130, Department of Agriculture off-farm guide, Department of Revenue Agriculture Addendum and WAC 246-215-01115.

Do I have to wash or candle my eggs in Washington?

The Department of Agriculture’s off-farm guide says how to clean eggs and that hen eggs are graded by candling and weighing; the rules put candling and washing on grading and packing plants. No source read says whether an on-farm seller must candle or grade.

The Department’s off-farm guide, for flocks “of 3,000 or fewer hens,” says “Clean eggs as needed soon after collecting. (Cleaning eggs refrigerated below 55º F may cause shells to crack or check.) Minimal cleaning protects the natural protective covering on the shell.” It lists “Acceptable egg cleaning methods include: a.) dry cleaning by lightly ‘sanding’ the stains or minimal dirty areas with sand paper; b.) using potable water in a hand spray bottle and immediately wiping dry with a single service paper towel, and/or; c.) briefly rinsing with running water spray and immediately wiping dry with a single service paper towel. The ‘wash’ water shall be a minimum of 90º F, which is warm ‘to the touch’, and shall be at least twenty degrees warmer than the temperature of the eggs to be washed” and “Unacceptable cleaning methods include: submerging shell eggs in water or any other solution or using cleaners that are not food grade and approved for shell egg cleaning.” It also says “Domesticated chicken hen eggs are subject to Grading and Sizing. Quality designations and sizing weight ranges are determined by candling and weighing.”

The rules for plants are stricter. WAC 16-104-350(2) says “The temperature of the wash water shall be maintained at ninety degrees Fahrenheit or higher, and shall be at least twenty degrees Fahrenheit warmer than the temperature of the eggs to be washed. Rinse water temperature shall be at least ten degrees Fahrenheit warmer than the final wash water temperature. These temperatures shall be maintained throughout the cleaning cycle,” (8) “The washing and drying operation shall be continuous and shall be completed as rapidly as possible. Eggs shall not be allowed to stand or soak in water. Immersion-type washers shall not be used,” and (16) “Eggs may be dry cleaned or washed.” Chapter 69.25 RCW defines “Candling” as “the examination of the interior of eggs by the use of transmitted light used in a partially dark room or place” (RCW 69.25.020(6)), and WAC 16-104-130(1) says “Any type or make of candling light may be used that will enable the particular grader to make consistently accurate determinations of the interior quality of shell eggs.” The Department’s guide lists the work area, sink, water and handwashing it asks of an off-farm seller (“Facilities”).

Restricted eggs are kept from sale. RCW 69.25.110(1) says “No person shall buy, sell, or transport, or offer to buy or sell, or offer or receive for transportation, in any business in intrastate commerce any restricted eggs, capable of use as human food, except as authorized by regulations of the director under such conditions as he or she may prescribe to assure that only eggs fit for human food are used for such purpose,” and a “Restricted egg” is “any check, dirty egg, incubator reject, inedible, leaker, or loss” (RCW 69.25.020(39)). A “Dirty egg” is “an egg that has a shell that is unbroken and has adhering dirt or foreign material” (RCW 69.25.020(14)).

Whether the on-farm sale to a household is held to the grade standards is not settled by any source read. RCW 69.25.170(1)(a) lets the director excuse “The sale, transportation, possession, or use of eggs which contain no more restricted eggs than are allowed by the tolerance in the official state standards for consumer grades for shell eggs”; WAC 16-104-200 closes its grades with “‘Exemption.’ A licensed wholesale shell egg dealer may sell a consumer grade check on the premises where they package eggs, directly to household consumers for use by such consumer and members of their household and their nonpaying guests and employees.” No rule read sets a candling or grading rule for a producer’s sale from the place of production.

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

Source: Department of Agriculture off-farm guide, chapter 16-104 WAC (shell eggs) and RCW 69.25.