Four sections of the Code of Federal Regulations touch a backyard egg seller. Here is what each one says, quoted, with the plain-English reading and the part it leaves to your state. Everything else about selling eggs (licences, carton reuse, farmers markets) is state law.
This is a reading of the regulations, not legal advice. Each quote links to the current text on eCFR, which changes; the dates we checked are at the bottom.
21 CFR § 101.17(h)
(1) The label of all shell eggs, whether in intrastate or interstate commerce, shall bear the following statement: SAFE HANDLING INSTRUCTIONS: To prevent illness from bacteria: keep eggs refrigerated, cook eggs until yolks are firm, and cook foods containing eggs thoroughly. (2) The label statement required by paragraph (h)(1) of this section shall appear prominently and conspicuously, with the words "SAFE HANDLING INSTRUCTIONS" in bold type, on the principal display panel, the information panel, or on the inside of the lid of egg cartons. If this statement appears on the inside of the lid, the words "Keep Refrigerated" must appear on the principal display panel or information panel. (3) The label statement required by paragraph (h)(1) of this section shall be set off in a box by use of hairlines.
What it means for you. The one federal line every seller can act on today. It says all shell eggs, and the text we read has no exemption for small flocks or for selling at home. Print it, in bold, in a box.
What it leaves to your state. Everything else on the carton: your name and address, the quantity, the word ungraded, pack dates and whether a carton may be reused. States also decide who enforces the statement locally (paragraph (h)(6) invites them to).
Quoted from 21 CFR § 101.17, Food labeling warning, notice, and safe handling statements (paragraph (h), shell eggs), read 2026-10-06.
21 CFR § 115.50(b)
Except as provided in paragraph (c) of this section, all shell eggs, whether in intrastate or interstate commerce, held for retail distribution: (1) Shall promptly be placed under refrigeration as specified in paragraph (b)(2) of this section upon receipt at a retail establishment, except that, when short delays are unavoidable, the eggs shall be placed under refrigeration, as soon as reasonably possible; and (2) Shall be stored and displayed under refrigeration at an ambient temperature not greater than 7.2 °C (45 °F) while held at a retail establishment.
What it means for you. Eggs held for retail must be kept at 45°F or colder. Eggs specifically processed to destroy Salmonella are exempt under paragraph (c); backyard eggs are not processed that way.
What it leaves to your state. Whether your porch cooler, farm stand or market table is a retail establishment under this section is not something we can read for you. Most states set their own refrigeration rule for small sellers, often the same 45°F, and that is the one to follow.
Quoted from 21 CFR § 115.50, Refrigeration of shell eggs held for retail distribution, read 2026-10-06.
21 CFR § 118.1(a)
If you are 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 and that produces shell eggs for the table market, you are covered by some or all of the requirements in this part
What it means for you. The FDA's on-farm Salmonella rule (testing, rodent control, refrigeration within 36 hours) applies to farms with 3,000 or more hens that sell beyond direct-to-consumer. A backyard flock is outside it twice over.
What it leaves to your state. Being outside the FDA rule is not a licence to sell. States regulate small producers separately, and several require registration or a licence at far smaller flock sizes.
Quoted from 21 CFR § 118.1, Persons covered by the requirements in this part (the FDA Egg Safety Rule), read 2026-10-06.
7 CFR § 57.100(c) and (d)
(c) The sale at the site of production, on a door-to-door retail route, or at an established place of business away from the site of production, by a poultry producer of eggs from his own flock's production directly to a household consumer exclusively for use by such consumer and members of his household and his nonpaying guests and employees, and the transportation, possession, and use of such eggs: Provided, That each such sale of restricted eggs shall be limited to no more than 30 dozen eggs … (d) 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
What it means for you. These exempt a producer from the Egg Products Inspection Act's controls on restricted eggs (checks, dirties and so on): direct sales to households capped at 30 dozen per sale, and any flock of 3,000 hens or fewer. This is where the often-quoted 3,000 figure comes from.
What it leaves to your state. The section opens with a proviso: the exemptions do not apply to restricted eggs when prohibited by State or local law. Your state's egg law, not this section, decides what a small flock may sell and how.
Quoted from 7 CFR § 57.100, Specific exemptions (Egg Products Inspection Act regulations), read 2026-10-06.
