Cottage Food Laws and Eggs: What Home Bakers Must Check

On this page

1. Eggs often follow their own rules
2. What to check before you sell a single carton
3. When eggs are only an ingredient

If you keep a few hens or buy eggs from a neighbor, the first thing to know is that a carton of eggs may not be covered by the same page you read about selling banana bread. Many states let small flocks sell eggs under their own egg rules rather than under the cottage food law. That means the answer lives in a different place than you might expect. Start with how to find the rule that applies to you and work outward from there.

Eggs often follow their own rules

The Farm-to-Consumer Legal Defense Fund keeps a cottage foods chart, and it notes that small egg producers can sell up to 250 dozen eggs per month subject to certain requirements. That number is useful to know, but it is not a green light in every state. Treat it as a question to ask your own state office: is there a monthly cap here, and what conditions come attached to it.

What to check before you sell a single carton

1. 1

   Find the office that handles eggs

   It is not always the same office that handles cottage food. In Georgia, the Retail Food section of the Georgia Department of Agriculture regulates cottage food producers, also known as home kitchen food producers. In Florida, cottage food operators can produce and sell cottage food products directly to consumers without a food permit from the Florida Department of Agriculture and Consumer Services. Ask which office handles eggs where you live.

2. 2

   Ask whether training is required

   Some states attach training to the permission itself. The Colorado Cottage Foods Act requires producers to complete a food safety training course before starting a cottage foods business. If eggs need their own permission, ask whether that permission carries its own training.

3. 3

   Check the labeling and the sales limits

   The Association of Food and Drug Officials publishes state specific cottage food laws and guidance covering licensing, food safety regulations, labeling requirements, and permissible homemade foods. Read the section for your state and write down the cap, the label wording, and where you are allowed to sell.

4. 4

   Read what your state law actually lists

   Look at the foods the law names. Section 3.2-5130 of the Code of Virginia allows certain low risk foods, acidified vegetables, and honey to be made in a private home without VDACS inspection, with certain restrictions. Notice what appears on that list and what does not, then ask about anything missing.

5. 5

   Write it down and keep it

   Save the name of the office, the person you spoke to, the date, and what they told you. When a customer asks, or when you change what you sell, you will want that record.

When eggs are only an ingredient

Most home bakers are not selling eggs by the dozen. Eggs go into cakes, cookies, and buttercream, and there the question changes. Now you are asking whether your bakes are allowed and whether the eggs in them need anything special. Label wording matters too, so read cottage food law wording before you print stickers. If you sell in Virginia, the Virginia guide walks through what that state’s law does and does not cover.

Rules change, and the person who answers the phone in your state office is the one who knows today’s answer. Check before your first egg order, and check again whenever you add something new to your menu.

Common questions

Can I sell eggs under the cottage food law?

Not usually. Many states let small flocks sell eggs under their own egg rules rather than under the cottage food law, so ask your state office which set of rules applies to you.

Is there a limit on how many eggs I can sell?

It depends on your state. The Farm-to-Consumer Legal Defense Fund's cottage foods chart notes that small egg producers can sell up to 250 dozen eggs per month subject to certain requirements, so ask what the cap is where you live and what conditions come with it.

Do I need a food safety course?

Ask. The Colorado Cottage Foods Act requires producers to complete a food safety training course before starting a cottage foods business, and other states attach their own conditions, so confirm what applies to eggs in your state.

Where do I find my state's rule?

Start with the Association of Food and Drug Officials, which publishes state specific cottage food laws and guidance covering licensing, food safety regulations, labeling requirements, and permissible homemade foods. Then call the office named for your state to confirm.

Does a food permit apply to me?

It varies. In Florida, cottage food operators can produce and sell cottage food products directly to consumers without a food permit from the Florida Department of Agriculture and Consumer Services. Confirm the position in your own state before you take orders.

Sources

1. Farm-to-Consumer Legal Defense Fund: Cottage Foods Map
2. Find Homegrown: Cottage Food Laws by State
3. Virginia Department of Agriculture and Consumer Services: Kitchen Bill FAQ
4. Florida Department of Agriculture and Consumer Services: Cottage Foods
5. Colorado Department of Public Health and Environment: Cottage Foods
6. Georgia Department of Agriculture: Cottage Food
7. Association of Food and Drug Officials: Cottage Foods Laws and Guidance

General information, not legal advice. Cottage food and egg rules differ by state and change over time, so confirm with your state office before you sell.