Can I sell eggs in Wyoming?

Do I need a license to sell eggs in Wyoming?

Not a state license, on the statute’s words, when the sale is one the Wyoming Food Freedom Act covers. The Act says: “Unless otherwise provided in this section, homemade food products produced, sold and consumed in compliance with the Wyoming Food Freedom Act shall be exempt from state licensure, permitting, inspection, packaging and labeling requirements” (W.S. 11-49-103(b); “this act” is W.S. 11-49-101 through 11-49-104, 11-49-102(a)(xiv)). It names eggs: “The seller of eggs, dairy products or a homemade food product consisting of non-potentially hazardous food may be the producer of the item, a designated agent of the producer or a third party vendor including a retail shop or grocery store as long as the sale is made in compliance with this act” (11-49-103(c)(i)). The food license law is lifted to match. It says “Any person processing, distributing, storing or preparing any food for sale shall obtain a license from the department of agriculture or a local health department” (35-7-124(a)), and “The provisions of subsection (a) of this section shall not apply to a producer selling food directly to the informed end consumer at a farmers market or through ranch, farm or home based sales pursuant to W.S. 11-49-103” (35-7-124(h)). That lifts subsection (a) and no other part of the food law.

The Act’s conditions are on the sale, not on a permit. The seller is a “producer,” “any person who grows, harvests, prepares or processes any food or drink products on the person’s owned or leased property, does not produce more than two hundred fifty thousand (250,000) individual food or drink products annually and does not exceed two hundred fifty thousand dollars ($250,000.00) in gross revenue annually from the food and drink products” (11-49-102(a)(vi)). The buyer is an “informed end consumer,” “a person who is the last person to purchase any product, who does not resell the product and who has been informed that the product is not licensed, regulated or inspected” (11-49-102(a)(v)), and “The producer shall inform the end consumer that any food product or food sold at a farmers market or through ranch, farm or home based sales pursuant to this act is not certified, labeled, licensed, packaged, regulated or inspected” (11-49-103(e)). The sale must “Occur only in Wyoming” and “Not involve interstate commerce” (11-49-103(c)(iii), (iv)), and “Only occur at farmers markets, farms, ranches, producer’s homes or offices, the retail location of the third party seller of non-potentially hazardous foods, eggs and dairy products or any location the producer and the informed end consumer agree to” (11-49-103(c)(vi)). The Department’s Act Q&A (revised September 2024) says the Act “does not state how the producer shall inform the end consumer,” and that “Failure to notify consumers means you are no longer operating under the WFFA and will be regulated pursuant to the standard Wyoming food safety requirements for licensure and compliance with the Wyoming Food Safety Rule.”

The license Wyoming does provide for eggs is a food license with an egg grader standardization, for candling and grading. The Food Safety Rule says “Any person candling eggs in the state of Wyoming shall be licensed according to Chapter 2, Section 2, and standardized by the department of agriculture” (ch. 2, §2(a)(ii)) and “In order to candle and grade eggs for sales to establishments, a license shall be applied for” (ch. 15, §1(a)). The Department’s egg sheet says “To sell eggs to licensed retail food facilities including but not limited to bakeries, restaurants, and other food processors you are required to obtain an Egg Grader Standardization, meet the minimum facility requirements, meet certain grading and weight requirements, and be inspected by the Wyoming Department of Agriculture as outlined in Chapter 15.” The statute puts a food license at $200 with a $100 annual renewal (35-7-124(b)). The rule’s fee schedule, the 2012 text on the Department’s site, puts it at $100 with a $50 renewal (ch. 2, §5(b)). No source read says which applies to an egg grader.

Three things the sources leave open. First, the food license law also says “An agricultural producer shall be exempt from the licensure requirement in this section for processing, distributing, storing or sale of any raw agricultural commodity he produces” (35-7-124(a)) and defines a “raw agricultural commodity” as “any food in its raw or natural state, including all fruits that are washed, colored or otherwise treated in their unpeeled natural form prior to marketing” (35-7-110(a)(xxvi)). It names no egg, and no source read says whether an egg is one. Second, a local health department may run its own food safety program “so long as the program meets the requirements of this act” (35-7-123(a), where “this act” is W.S. 35-7-109 through 35-7-126, 35-7-110(a)(xxxii), the food law and not the Food Freedom Act), and no source read says whether a county’s program asks anything more of an egg sale the Wyoming Food Freedom Act covers. Third, the Act’s “Homemade” means “food that is prepared or processed in a private home kitchen, that is not licensed, inspected or regulated” (11-49-102(a)(iv)). The Act names eggs itself, and the Department’s egg sheet says “The Wyoming Food Rule and the Wyoming Food Freedom Act allows sales of ungraded eggs consistent with existing USDA regulations and exemptions to the final end consumer, who is not licensed as a retail food facility,” but no source read says how “private home kitchen” applies to an egg. Ask the Department of Agriculture’s Consumer Health Services division.

Source: W.S. Title 11, chs. 32 and 49, W.S. Title 35, ch. 7, WDA, Wyoming Food Freedom Act Q&A, WDA, Safely Selling or Buying Locally Produced Eggs, Wyoming Food Safety Rule, ch. 2 and Wyoming Food Safety Rule, ch. 15.

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

No hen or dozen line appears in the Act, the Food Safety Rule or the Department’s pages read. The Act sets a size line on the producer: a producer makes no more than “two hundred fifty thousand (250,000) individual food or drink products annually” and takes no more than “two hundred fifty thousand dollars ($250,000.00) in gross revenue annually from the food and drink products” (W.S. 11-49-102(a)(vi)). No source read says whether an egg, or a carton, is an “individual food or drink product,” or how the count is kept for a farm that sells other food. Ask the Department.

The Rule says “A person selling ungraded eggs in Wyoming shall follow the requirements for an exempt producer as defined in 7 CFR 57” (ch. 4, §7(a)). Part 57 defines no “exempt producer.” Its list of exemptions, §57.100, includes “The sale of eggs by any producer with an annual egg production from a flock of 3,000 hens or less and the record requirements of § 57.200” (57.100(d)), and no source read says which paragraph the Rule means. The Department’s egg sheet says of the federal egg safety rule that it “applies to producers having more than 3,000 birds” and that “Producers who sell all their eggs directly to consumers or have less than 3,000 hens are not covered by the rule.” The graded-egg sheet says that if the producer “goes over the 3,000 hen limit,” the federal grading and inspection parts apply in full. The federal rule itself covers 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” (21 CFR 118.1(a)).

Source: W.S. Title 11, chs. 32 and 49, Wyoming Food Safety Rule, ch. 4, WDA, Safely Selling or Buying Locally Produced Eggs, WDA, Minimum Requirements for Selling Eggs After Candling and Grading, 7 CFR 57.100 and 21 CFR 118.1.

Can I sell eggs at a farmers market in Wyoming?

The Act lists farmers markets among the places it covers (W.S. 11-49-103(c)(vi)), and the food license law says “The provisions of subsection (a) of this section shall not apply to a producer selling food directly to the informed end consumer at a farmers market or through ranch, farm or home based sales pursuant to W.S. 11-49-103” (35-7-124(h)). Subsection (a) is the license requirement, and that lifts it and no other part of the food law. A farmers market is “a common facility or area where several vendors may gather on a regular, recurring basis to sell a variety of fresh fruits and vegetables, locally grown farm products and other items directly to consumers” (35-7-110(a)(xxviii); 11-49-102(a)(ii)). The Department’s Act Q&A says one vendor is not a farmers market, and answers yes to whether farmers markets are “subject to inspection for compliance with federal, state or local food safety regulations.” What a market’s own manager, or a county or city, asks of an egg vendor is not in any source read.

A roadside stand is not on the Act’s list of places. The food license law does name one: “The provisions of subsection (a) of this section shall not apply to food operators or kitchens in private homes that prepare food that is not potentially hazardous and prepared for sale or use at farmers’ markets, roadside stands, private homes and at functions including, but not limited to those operated by not for profit charitable or religious organizations” (35-7-124(e)). That is food that is not potentially hazardous, and no source read says whether an egg is. The Q&A says only that the Act “does not specifically prohibit roadside stands,” and the list ends with “any location the producer and the informed end consumer agree to” (11-49-103(c)(vi)). No source read says whether a stand fits it. The Wyoming Department of Health’s part is a food-borne illness investigation, which the Act says it does not impede (11-49-103(g)).

Selling by online request and pickup: the Q&A asks “Can a home producer do internet sales under this Act?” and answers “Yes, but only for delivery within Wyoming.” The Act defines “delivery” as “the transfer of a product resulting from a transaction between a producer and an informed end consumer,” which “may occur by the producer’s designated agent at a farm, ranch, farmers market, home, office or any location agreed to between the producer and the informed end consumer” (11-49-102(a)(i)). No source read speaks to a listing on a third party’s website, or to how a producer informs a buyer who orders before meeting them. Ask the Department.

Source: W.S. Title 11, chs. 32 and 49, W.S. Title 35, ch. 7 and WDA, Wyoming Food Freedom Act Q&A.

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

It depends on the buyer, and the sources part on restaurants. A shop or grocery store is named. The seller of eggs “may be the producer of the item, a designated agent of the producer or a third party vendor including a retail shop or grocery store as long as the sale is made in compliance with this act” (W.S. 11-49-103(c)(i)), and the sale may occur at “the retail location of the third party seller of non-potentially hazardous foods, eggs and dairy products” (11-49-103(c)(vi)). “A retail space selling homemade food under this section shall inform the end consumer that the homemade food has not been inspected and shall display a sign indicating that the homemade food has not been inspected” (11-49-103(d)), and “A third party seller offering non-potentially hazardous food, eggs or dairy products for sale pursuant to this act shall inform the end consumer that the homemade food is not certified, labeled, licensed, packaged, regulated or inspected” (11-49-103(e)). The shelf-separation rule and the wording “this food was made in a home kitchen, is not regulated or inspected and may contain allergens” are written for “non-potentially hazardous food and dairy products at a retail location or grocery store” (11-49-103(k)), and no source read says whether they reach eggs. The Act does not define “third party vendor” or say whether a store buys the eggs or holds them for the producer (a “designated agent” “shall not take ownership,” 11-49-102(a)(xii)), and the buyer it protects is the person who “does not resell the product” (11-49-102(a)(v)).

A restaurant is where the sources part. The Act says “Except for raw, unprocessed fruits and vegetables, food shall not be sold or used in any commercial food establishment unless the food has been labeled, licensed, packaged, regulated or inspected as required by law,” and “Homemade or uninspected food shall not be served or utilized as an ingredient in a commercial food establishment” (11-49-103(d)). Eggs are not named in that exception. The Department’s Q&A (revised September 2024) says the Act’s products are not allowed in commercial food establishments “except for raw, unprocessed fruit and vegetables, eggs and dairy products.” Its egg sheet says something else again: selling to “licensed retail food facilities including but not limited to bakeries, restaurants, and other food processors” takes an Egg Grader Standardization, the minimum facility requirements, grading and weight requirements and inspection under Chapter 15, and the Rule says a license is needed “to candle and grade eggs for sales to establishments” (ch. 15, §1(a)). This page does not settle which holds for an ungraded egg sold to a restaurant.

The egg sheet adds that eggs sold ungraded “would not be considered an approved source” for donation, “since they are not processed in an inspected facility that meets sanitary requirements.” Ask the Department.

Source: W.S. Title 11, chs. 32 and 49, WDA, Wyoming Food Freedom Act Q&A, WDA, Safely Selling or Buying Locally Produced Eggs and Wyoming Food Safety Rule, ch. 15.

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

For ungraded, uninspected eggs the Rule says to label the carton “Ungraded eggs,” with “the name and address of the exempt producer” and “a packing date and the statement” “Keep Refrigerated” (ch. 4, §7(b)). The Department’s egg sheet lists the same four items. For graded eggs sold to establishments the carton is new and carries the establishment’s name and address, the grade, safe handling instructions, the number of eggs, the packaging date and “Keep Refrigerated,” and the certified grader’s number is stamped on it (ch. 15, §16). Federal rules put the "Safe Handling Instructions" statement on every carton of shell eggs (21 CFR 101.17(h)). The ungraded-egg rule’s list does not repeat it.

Reusing cartons: “Only cartons that are clean and in good condition may be reused,” “Cartons with a USDA Grade shield shall not be reused,” and “All wording and dates on reused cartons shall be completely marked out” (ch. 4, §7(c)). The egg sheet says “Ungraded eggs cannot use cartons that contain the USDA shield, even if it is marked out.”

Whether the Act’s exemption, “Unless otherwise provided in this section,” from “packaging and labeling requirements” (W.S. 11-49-103(b)) lifts the Rule’s carton label is not settled. The Rule says a person selling ungraded eggs “shall” label the carton. The Department’s Q&A and egg sheet say the carton “should be labeled” with the same items, and the Q&A says the Rule “already allowed sales of ungraded eggs consistent with existing USDA Federal Regulations and exemptions.” Ask the Department.

A listing that shows a price per dozen, on this site or elsewhere: the Rule’s chapters on ungraded and graded eggs say nothing of a price or an advertisement, and no source read ties a price to a grade or size. The food law calls a food misbranded if it is misbranded under the federal act (35-7-116). No source read says whether an online listing needs anything more. Ask the Department.

Source: Wyoming Food Safety Rule, ch. 4, Wyoming Food Safety Rule, ch. 15, WDA, Safely Selling or Buying Locally Produced Eggs, WDA, Wyoming Food Freedom Act Q&A, W.S. Title 11, chs. 32 and 49, W.S. Title 35, ch. 7 and 21 CFR 101.17(h).

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

The Rule’s carton statement for ungraded eggs is “Keep Refrigerated” (ch. 4, §7(b)), and the Department’s Q&A and egg sheet say ungraded eggs “must be clean and refrigerated.” No source read gives a degree for an ungraded seller. For the graded route the number is 45°F: cooler rooms hold eggs “to a temperature of 45°F (7.2 C.) or below within 24 hours” (ch. 15, §13(n)), eggs taken to another location for sale are “maintained at 45°F (7.2 C.) or colder during transportation” (ch. 15, §15(f)), and the egg sheet says “Eggs must be refrigerated at 45 degrees F or less after grading and be maintained at that temperature during storage and transportation.”

Whether the 45°F line reaches an ungraded seller is not said. The Act does not itself speak of temperature: it says “Unless otherwise provided in this section,” covered food is exempt from “licensure, permitting, inspection, packaging and labeling requirements” (W.S. 11-49-103(b)), a list that names none, and says the Department “shall not promulgate any standard for food and health inspection that is applicable to this act that is more stringent than a standard established by the United States department of agriculture” (11-49-103(m)). Ask the Department.

Source: Wyoming Food Safety Rule, ch. 4, Wyoming Food Safety Rule, ch. 15, WDA, Safely Selling or Buying Locally Produced Eggs, WDA, Wyoming Food Freedom Act Q&A and W.S. Title 11, chs. 32 and 49.

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

The Rule’s definition of an egg is broad: “the shell egg of avian species such as chicken, turkey, duck, goose, guinea, quail or ratite,” and not a balut, a reptile’s egg or an egg product (ch. 1, §8, “Egg”). Its quality standards, though, “only apply to eggs that are the product of the domesticated chicken hen and remain in the shell” (ch. 15, §7(a)). The Act says “eggs” and no more (W.S. 11-49-103(c)(i)). No source read says how the graded route, with its grades, applies to other birds’ eggs sold to a restaurant, or whether the ungraded rule reads differently for them. Ask the Department.

Selling the birds or hatching eggs is a different matter. A container of “poultry, baby poultry, hatching eggs or breeding stock sold within or imported into this state” carries the shipper’s name and address and an official label or certificate (W.S. 11-32-103(a)), a law of the Wyoming Livestock Board.

Source: Wyoming Food Safety Rule, ch. 1, Wyoming Food Safety Rule, ch. 15 and W.S. Title 11, chs. 32 and 49.

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

For the graded route, yes to both, on the Department’s words: “Candling and Grading: All eggs must be candled and graded,” and “Cleaning: Eggs must be washed, rinsed, sanitized, and air-dried.” “Any person candling eggs in the state of Wyoming shall be licensed” and standardized (ch. 2, §2(a)(ii)). “Only potable water may be used to wash eggs,” washed eggs “must be effectively sanitized in warm, potable water which contains an approved sanitizing compound that is no less than fifty (50) ppm nor more than two hundred (200) ppm of available chlorine or it’s equivalent,” and “Washed eggs must be reasonably dry before cartoning or casing” (ch. 15, §15(d)).

For an ungraded sale to a final end consumer, the egg sheet puts the candling and grading list under “Wyoming Rules for Graded Eggs” and says ungraded eggs “must be clean and refrigerated.” No source read says a seller of ungraded eggs must wash or candle, or how a seller cleans a soiled egg. Ask the Department.

Source: WDA, Safely Selling or Buying Locally Produced Eggs, Wyoming Food Safety Rule, ch. 2 and Wyoming Food Safety Rule, ch. 15.