Can I sell eggs in West Virginia?

Do I need a license to sell eggs in West Virginia?

You register. The statute says the commissioner issues an egg distributor permit to every person distributing eggs in the state, and a producer exempted by legislative rule registers and is exempt from the permit or inspection fee. The department's egg rule sets the line: any person marketing 150 dozen or less per week of their own production registers and is exempt from the permit and inspection fees. The small-producer certificate is that registration, with no fee, renewed on the July 1 to June 30 year, and its application quotes the rule's weekly line.

A person marketing their own eggs on a graded basis is a distributor under the statute. The small-producer path the department describes is the ungraded carton, not a grade.

Source: W. Va. Code §19-10A-3, W. Va. Code §19-10A-2, W. Va. C.S.R. §61-7A-3.1, WVDA small-producer certificate and WVDA small-producer application.

How many eggs can I sell without a license in West Virginia?

Without the fee, 150 dozen a week of your own production. The rule, the application and the market guide all put the line per week, and none of them states a hen limit. More than that, or eggs that are not your own production, is outside the small-producer registration.

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

Source: W. Va. C.S.R. §61-7A-3.1, WVDA small-producer application, WVDA farmers' market vendor guide and 21 CFR 118.1.

Can I sell eggs at a farmers market in West Virginia?

The department's farmers-market vendor guide says any vendor selling eggs shall be registered with the department as a small egg producer. It repeats the carton: name and address, the pack date, and "Ungraded Eggs" in print at least 5/8 inch. Eggs are clean and free of debris and adhering dirt. They are held above freezing at 45°F or less ambient temperature, and refrigeration is not required for a trip under three hours.

The guide does not say the market adds a second permit for the eggs themselves. A sample of a potentially hazardous food, which the guide lists eggs among, is a different permit. Ask the department, and the market, before you hand out samples.

Source: WVDA farmers' market vendor guide and WVDA small-producer certificate.

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

The small-producer line is your own production, at or under 150 dozen a week. The statute's consumer includes a restaurant, hotel, cafeteria and hospital. Its distributor, who needs the permit, is a person who buys eggs and sells or transfers them to other distributors or retailers, and, separately, a person who markets any portion of their own flock on a graded basis.

The sources are silent on whether a sale to a restaurant or a store stays inside the small-producer registration. Ask the department before you sell to either.

Source: W. Va. Code §19-10A-2, W. Va. Code §19-10A-3 and W. Va. C.S.R. §61-7A-3.

Do I need to grade or label my eggs in West Virginia?

For a small producer, the rule sets the carton, and the market guide repeats it: the name and address of the person producing and selling the eggs, the date the eggs are packed, and the words "Ungraded Eggs" in print at least 5/8 inch. The statute's fuller label, grade and size and a plant or permit number, is what a person marketing eggs they produced is exempt from, except the labeling the rule requires.

Yes, a used carton, with a condition. The rule lets a small producer pack in a marked carton when the original distributor's name, address, expiration date, size and grade are marked out and replaced with the small-producer label, and cartons are clean and free of odor or debris. The market guide repeats it.

Federal rules put the "Safe Handling Instructions" statement on every carton of shell eggs. The state sources read for this page don't say the small-producer carton must carry that statement. Ask the department.

Source: W. Va. Code §19-10A-4, W. Va. Code §19-10A-7, W. Va. C.S.R. §61-7A-3.1, 3.4, 3.5, WVDA farmers' market vendor guide and 21 CFR 101.17(h).

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

Yes, at 45°F, for the eggs the rule covers. The department's egg rule says eggs transported, stored or displayed for sale are kept above freezing at 45°F or less ambient temperature, and refrigeration is not required when the trip is under three hours. The statute says a person marketing eggs they produced holds them under refrigeration according to the rule.

Source: W. Va. Code §19-10A-4, W. Va. C.S.R. §61-7A-3.3 and WVDA farmers' market vendor guide.

Can I sell duck, quail or other eggs in West Virginia?

The statute defines an egg as the product of the domesticated chicken hen or any other eggs offered for sale for human consumption. Duck and quail eggs offered for sale are eggs under that definition, and the small-producer line is a number of dozens of eggs. The sources don't say whether the 150 dozen counts every species together. Ask the Department of Agriculture.

Source: W. Va. Code §19-10A-2 and WVDA small-producer certificate.

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

Wash, yes, before packing. The department's egg rule says eggs shall be washed in an acceptable and sanitary method prior to packing. The market guide says they are clean and free of debris and adhering dirt.

The rule's small-producer section also says eggs shall not be below U.S. Consumer Grade B. The statute defines candling as determining interior quality with a candling light. The sources are silent on whether a small producer has to candle to meet the Grade B floor. Ask the department.

Source: W. Va. C.S.R. §61-7A-3.2, 3.7, WVDA farmers' market vendor guide and W. Va. Code §19-10A-2.