I often get calls in the office from people who raise chickens, have a surplus of eggs, and are contemplating selling those extra eggs. One of the first questions I am asked is “do I need to have a license to sell eggs?” It depends on where you want to sell your eggs, how many birds you have, and if you plan on selling any other products.
· Eggs are considered “low risk” foods when sold at a roadside stand where the producer has fewer than 500 birds that were raised at the same location. Eggs present a low food safety risk along with other products like maple syrup or fresh vegetables. Under Ohio law, selling only one “low risk” type of food typically defines the producer as a “roadside stand.” Food sales in this situation do not require a farm market registration or RFE license (Retail Food Establishment).
· As long as the producer is selling only one type of low-risk item, the producer does not have to obtain RFE licensing or a farm market registration. (for example, only selling eggs).
· Eggs need to be sold directly from the location where the hens are located, and the producer maintains 500 or fewer birds.
· If you are a producer that wants to sell two or more low risk foods, you must either register with the ODA as a farm market or obtain an RFE license. An example of this would be selling eggs and honey at your roadside stand at your farm.
· Eggs from a producer with greater than 500 birds or eggs that are not sold directly from the farm where the hens are raise is considered a “high risk” food, and the producer must then obtain an RFE license.
Contact the Ohio Department of Agriculture to either register as a farm market or obtain an RFE License.
For more information on the legality of selling eggs and other products visit OSU Extension Law Bulletin “Selling Foods at the Farm: When do you need a license?”
SellingFoodFromFarmSept2017.pdf (osu.edu)
Brooks Warner is the extension educator/agriculture and natural resources at the OSU Extension Clinton County.
