Can you sell backyard eggs in Western Australia?
Yes, but only as a registered food business. WA has no small-flock exemption: register with your local government, stamp every egg with a WA code and follow a food safety management statement.
Read from 4 official sources17 passages quotedChecked October 7, 2026
At a glance
Licence
Registration
Small-flock line
No small-flock exemption
Farmers markets
Licence needed
Cartons
Not stated
In plain English
Western Australia has no backyard or small-flock exemption. The Food Regulations 2009 bring every food production activity covered by a Chapter 4 standard, which includes producing eggs under Standard 4.2.5, inside the Food Act 2008, so an egg seller is a food business that must notify and register with its local government before selling. The Department of Health says plainly that selling eggs without registration is illegal, including sales on Facebook or Gumtree. A registered producer must stamp every egg with a unique identifier (the Department's Food Unit issues 'WA' codes once you show your registration certificate), operate under a food safety management statement approved by the local government, never sell cracked or dirty eggs except for cleaning or pasteurising, and follow the Food Standards Code's labelling rules.
A sourced reading of Western Australia's rules, not legal advice. Rules change; confirm with Your local government (Food Act registration), with the WA Department of Health Food Unit (egg stamp register) ((08) 9222 2000) before you sell.
Do you need a licence?
- Register the egg business with your local government before selling, including online sales.Food Act 2008 s 109(1); Department of Health, Keeping backyard chickens safely
- Give written notification of the food business to the enforcement agency.Food Act 2008 s 107(1)
- Egg production is a prescribed food production activity, so it is not treated as exempt 'primary food production'.Food Act 2008 s 11(2)(c); Food Regulations 2009 r 6
- Mark each egg with your unique identifier; the Department of Health Food Unit issues 'WA' codes and asks for your food business registration certificate.Standard 4.2.5 cl. 10; Department of Health
- Develop and follow a food safety management statement approved or recognised by your local government.Standard 4.2.5 cl. 3; Department of Health
- Do not sell or supply cracked or dirty eggs except for cleaning or pasteurisation by an egg processor.Standard 4.2.5 cl. 11; Department of Health
- The Code's labelling standards apply in addition to the egg stamp.Department of Health
The exact wording
Where you can sell
From home or the farm
Selling at the gate still needs local government food business registration, stamped eggs and an approved food safety management statement.
Farmers markets
Registration with local government is required to sell eggs anywhere in WA; check with the council where the market is held as well as your own.
Stores and restaurants
Supplying shops, cafés or restaurants requires the same registration and stamped eggs; Standard 2.2.2 also requires retailers and caterers to sell only stamped, uncracked, clean eggs.
Also check with: WA Department of Health Food Unit (egg stamp code register)
Cartons, labels and handling
Cartons
The sources we read don't set a carton rule.
Refrigeration
Not stated in the sources we read.
The label must show
- producer's unique identifier on each egg (a 'WA' code from the Food Unit)
- Food Standards Code labelling on packaged eggs
Grading
Not stated in the sources we read.
Washing
The Department of Health's backyard chicken sheet advises not washing eggs and instead wiping visible dirt off with a dry cloth or paper towel, and discarding cracked and heavily soiled eggs. Dirty eggs can't be sold except for cleaning or pasteurisation by an egg processor.
National rules apply on top of Western Australia's: Australia's national egg standard. Pricing your dozen? The egg price calculator works it out from your feed bill.
Common questions
- Do I need a licence to sell eggs from my backyard chickens in Western Australia?
- Yes, but only as a registered food business. WA has no small-flock exemption: register with your local government, stamp every egg with a WA code and follow a food safety management statement. Small-flock line: no small-flock exemption. The conditions, and the law they come from, are on this page.
- Can I sell eggs at a farmers market in Western Australia?
- Needs a license or isn't exempt. Registration with local government is required to sell eggs anywhere in WA; check with the council where the market is held as well as your own. Also check with WA Department of Health Food Unit (egg stamp code register).
- Can I reuse egg cartons in Western Australia?
- The sources we read do not say; ask Your local government (Food Act registration), with the WA Department of Health Food Unit (egg stamp register) before reusing cartons for eggs you sell.
- What has to be on the carton label in Western Australia?
- producer's unique identifier on each egg (a 'WA' code from the Food Unit), Food Standards Code labelling on packaged eggs. The rule reads: "Egg producer – must not sell eggs or egg products unless each individual egg or each package or container of egg pulp is marked with the producer’s unique identifier."
- Food Act 2008 (WA), ss 11, 107, 109 · Prescribed food production activities are not 'primary food production' (s 11(2)); notification (s 107) and local government registration (s 109) before conducting a food business
- Food Regulations 2009 (WA), r 6 · Any food production activity covered by a Chapter 4 Food Standards Code standard (including egg production under Standard 4.2.5) is brought under the Food Act
- Food Regulations 2009 (WA), Part 3 (rr 10–13) · Exempted food businesses (fundraisers; closed-package, non-potentially-hazardous food only; complimentary drinks; registered establishments); no egg-producer exemption
- Food Standards Code Standard 4.2.5 (applied by the Food Act 2008) · Egg stamping, food safety management statement, no cracked or dirty eggs
- Your local government (Food Act registration), with the WA Department of Health Food Unit (egg stamp register) · Food Act 2008 food business registration; Standard 4.2.5 egg producer requirements
Read the 17 passages this page is built on
“If you plan to sell your eggs, the WA Food Act 2008 requires you to register as a food business with your local government. It is illegal to sell eggs in WA without first being registered under the Food Act 2008. This includes selling eggs on the internet (e.g. Facebook, Gumtree).”
Your local government (Food Act registration), with the WA Department of Health Food Unit (egg stamp register) · read 2026-10-07
“For section 11(2) of the Act, any food production activity to which a standard in Chapter 4 of the Food Standards Code applies is prescribed.”
Food Regulations 2009 (WA), r 6 · read 2026-10-07
“(2) However, primary food production does not include — … (c) any other food production activity that is prescribed by the regulations for the purposes of this subsection.”
Food Act 2008 (WA), ss 11, 107, 109 · read 2026-10-07
“The proprietor of a food business, other than an exempted food business, must not conduct the food business at any premises unless the food business is registered in respect of those premises under this Part.”
Food Act 2008 (WA), ss 11, 107, 109 · read 2026-10-07
“The proprietor of a food business must not conduct the food business at any premises unless the proprietor has given written notification in respect of those premises to the appropriate enforcement agency, in the approved form, of the specified information.”
Food Act 2008 (WA), ss 11, 107, 109 · read 2026-10-07
“a food business conducted at any premises is an exempted food business in respect of those premises if the food business consists solely of selling food — (a) that is not potentially hazardous food; and (b) that cannot be handled in the course of conducting the food business because the food is contained in a closed package.”
Food Regulations 2009 (WA), r 6 · read 2026-10-07
“As at 01 Jul 2026 Official Version [PCO 03-c0-00]”
Food Regulations 2009 (WA), r 6 · read 2026-10-07
“As at 05 Apr 2023 Version 01-d0-00”
Food Act 2008 (WA), ss 11, 107, 109 · read 2026-10-07
“Egg producer – must not sell eggs or egg products unless each individual egg or each package or container of egg pulp is marked with the producer’s unique identifier.”
Your local government (Food Act registration), with the WA Department of Health Food Unit (egg stamp register) · read 2026-10-07
“The Food Unit manages a central register of unique identifiers. … As part of your egg stamping application, you will be asked to provide a copy of your food business certificate of registration, issued under the Food Act 2008 by your local government.”
Your local government (Food Act registration), with the WA Department of Health Food Unit (egg stamp register) · read 2026-10-07
“New identifiers will be issued as follows: “WA” – followed by a number (for example; WA123).”
Your local government (Food Act registration), with the WA Department of Health Food Unit (egg stamp register) · read 2026-10-07
“Important: A unique identifier does not provide an approval to operate as a food business; contact must be made with the relevant local government Food Act Authorised Officer to ensure compliance with all regulatory requirements.”
Your local government (Food Act registration), with the WA Department of Health Food Unit (egg stamp register) · read 2026-10-07
“An egg producer or processor must develop and implement a Food Safety Management Statement (FSMS). … The FSMS must be approved or recognised by the relevant enforcement agency. For product intended for the domestic market, this would be the local government enforcement agency where the egg producer or processor is located.”
Your local government (Food Act registration), with the WA Department of Health Food Unit (egg stamp register) · read 2026-10-07
“An egg producer – must not sell or supply unacceptable eggs unless they are to be either cleaned or processed by pasteurisation or an equivalent process by the egg processor.”
Your local government (Food Act registration), with the WA Department of Health Food Unit (egg stamp register) · read 2026-10-07
“It is worth noting that in addition to the unique identifier, the labelling standards of the Code still apply, which serves to further strengthen the traceability chain.”
Your local government (Food Act registration), with the WA Department of Health Food Unit (egg stamp register) · read 2026-10-07
“Last reviewed: 28-05-2026”
Your local government (Food Act registration), with the WA Department of Health Food Unit (egg stamp register) · read 2026-10-07
“To access the central register contact the Food Unit on (08) 9222 2000 or by email foodsafety@health.wa.gov.au .”
Your local government (Food Act registration), with the WA Department of Health Food Unit (egg stamp register) · read 2026-10-07
What we couldn't confirm
- No 2023–2026 amendment to the Food Act 2008 (version current from 5 April 2023) or the egg-relevant parts of the Food Regulations 2009 (as at 1 July 2026) was found; later amendments in the compilation table are fee regulations. The national P1060 changes (from about June 2027) will apply in WA.
- Local government registration fees, the priority classification for egg producers and whether a separate stall registration is needed at a market in another council area were not checked (local rules).
- Cartons and carton labels: the Department of Health says Code labelling applies but the WA pages read give no carton list or reuse rule.
- Refrigeration: no WA storage temperature for egg producers was found; the backyard sheet's 'store eggs in the refrigerator' is home-kitchen advice.
- Grading: no WA rule on grading found; verdict left 'unknown'.
- Agricultural Produce (Egg Production Industry) Regulations 2006 (an Agricultural Produce Commission industry scheme) were seen in the WA legislation index but not read; any producer contribution they impose was not checked.
- Department of Health's 'Keeping backyard chickens safely' PDF dates from 2021 (file metadata); the registration rule it states matches the Food Act 2008 and Food Regulations 2009 as read.
Elsewhere in Australia
- Australian Capital TerritoryNone: no small-flock exemptionRegistration
- New South Wales240 eggs a week or fewerRegistration
- Northern TerritoryNone: no small-flock exemptionRegistration
- QueenslandNo small-flock exemptionLicence or permit
- South Australia50 birds or fewer, direct salesLicence: depends
- TasmaniaUnder 20 dozen/wk: notify, stampLicence: depends
- VictoriaFewer than 50 birdsLicence: depends
Legal where you live? Then keep the books.
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