Can you sell backyard eggs in Kansas?
Yes. With 50 or fewer hens you're exempt from the Kansas egg law; with more than 50 but fewer than 250, only if you meet six conditions.
Read from 6 official sources15 passages quotedChecked October 5, 2026
At a glance
License
Depends how you sell
Small-flock line
50 hens (under 250 with conditions)
Farmers markets
With conditions
Cartons
Reuse with conditions
In plain English
A producer selling ungraded eggs from the producer's own flock is exempt from the whole Kansas egg law if the producer owns 50 or fewer hens. A producer with more than 50 but fewer than 250 hens is exempt only if all six listed conditions are met (washed and clean; prepackaged and labeled ungraded with name and address; cartons not reused unless markings obliterated; sales to consumers only; held at 45°F or below). Everyone else selling eggs needs a place-of-business license from the Secretary of Agriculture (fee capped at $25/year).
A sourced reading of Kansas's rules, not legal advice. Rules change; confirm with Kansas Department of Agriculture before you sell.
Do you need a license?
- Tier 1 (no further conditions): the producer owns 50 or fewer hens and sells ungraded eggs of the producer's own flock production.
- Tier 2 applies only when the producer owns more than 50 hens but fewer than 250 hens, AND:
- eggs are washed and clean;
- eggs are prepackaged and labeled as ungraded with the name and address of the producer;
- cartons are not reused unless all brand markings and other identification is obliterated and the carton is free of foreign material;
- sales are to consumers only;
- eggs are maintained at a temperature of 45° Fahrenheit or below.
- If such producer desires to sell graded eggs, the producer shall be permitted to do so if in compliance with this act (i.e., license and grading rules apply).
The exact wording
Where you can sell
From home or the farm
Statute does not name the sales venue. Exemption turns on hen count and (for 51–249 hens) the six conditions including 'sales are to consumers only'. A 'consumer' is a person who buys eggs for personal consumption and not for resale.
Farmers markets
Same statutory test as farm gate: no venue restriction in K.S.A. 2-2508(d); 51–249-hen producers must sell to consumers only and meet the other five conditions. Local market/health rules are out of scope and were not checked.
Stores and restaurants
For 51–249 hens the exemption requires 'sales are to consumers only', so sales to retailers or restaurants (food purveyors) fall outside it; the 50-or-fewer tier carries no stated buyer restriction in the statute text. Selling graded eggs to retailers or food purveyors requires a license and the 3.5-mill-per-dozen inspection fee paid by the last handler.
Cartons, labels and handling
Cartons
Reused cartons are allowed, with conditions.
“cartons are not reused unless all brand markings and other identification is obliterated and the carton is free of foreign material”
Refrigeration
45°F or colder where the rule applies.
“eggs are maintained at a temperature of 45° Fahrenheit or below”
The label must show
- labeled as ungraded
- name and address of the producer
The carton label maker prints these lines with the federal safe handling statement.
Grading
Ungraded sales are allowed only in some cases.
The exemption applies to 'selling ungraded eggs of the producer's own flock production' within the hen-count tiers. Outside the exemption it is a violation to 'offer eggs for sale that have not been candled and graded' (K.S.A. 2-2503(m)).
Washing
eggs are washed and clean (condition (ii), required only for the 51–249-hen tier)
Federal rules apply on top of Kansas's: the four federal egg rules. Pricing your dozen? The egg price calculator works it out from your feed bill.
What changed recently
- 2006-07-01 · History line of K.S.A. 2-2508 shows last amendment L. 2006, ch. 90, § 6; July 1. No 2024–2026 amendment appears in the Revisor's current text. Source
Common questions
- Do I need a license to sell eggs from my backyard chickens in Kansas?
- Yes. With 50 or fewer hens you're exempt from the Kansas egg law; with more than 50 but fewer than 250, only if you meet six conditions. Small-flock line: 50 hens (under 250 with conditions). The conditions, and the law they come from, are on this page.
- Can I sell eggs at a farmers market in Kansas?
- Allowed with conditions. Same statutory test as farm gate: no venue restriction in K.S.A. 2-2508(d); 51–249-hen producers must sell to consumers only and meet the other five conditions. Local market/health rules are out of scope and were not checked.
- Can I reuse egg cartons in Kansas?
- With conditions. The rule reads: "cartons are not reused unless all brand markings and other identification is obliterated and the carton is free of foreign material"
- What has to be on the carton label in Kansas?
- labeled as ungraded, name and address of the producer. The rule reads: "eggs are prepackaged and labeled as ungraded with the name and address of the producer" The federal safe handling statement applies as well; our carton label maker prints all of it.
- Do eggs I sell in Kansas have to be refrigerated?
- Yes, at 45°F or colder. The rule reads: "eggs are maintained at a temperature of 45° Fahrenheit or below"
- K.S.A. 2-2501 · Kansas egg law; citation; definitions
- K.S.A. 2-2503 · Violations of act
- K.S.A. 2-2507 · Inspection fee; stamps; quarterly payment
- K.S.A. 2-2508 · Licensure of place of business, fee, exemptions; record retention
- K.S.A. 2-2509 · Container labeling requirements
- K.A.R. 4-23 (Egg law regulations) — UNVERIFIED · Not fetched: Kansas Secretary of State KAR site did not return readable text on 2026-10-05
- Kansas Department of Agriculture · Food Safety and Lodging program (egg licensing)
Read the 15 passages this page is built on
“Any person selling, offering or exposing for sale or distributing or grading eggs in this state shall first obtain a license for such person's place of business from the secretary.”
K.S.A. 2-2508 · read 2026-10-05
“shall include payment of an annual license fee to be set by rules and regulations adopted by the secretary, except that such license fee shall not exceed $25. Each license shall expire on December 31 of the year in which issued.”
K.S.A. 2-2508 · read 2026-10-05
“A producer of eggs when selling ungraded eggs of the producer's own flock production is exempted from the provisions of this act if: (A) The producer owns 50 or fewer hens; or”
K.S.A. 2-2508 · read 2026-10-05
“(B) (i) The producer owns more than 50 hens but fewer than 250 hens; (ii) eggs are washed and clean; (iii) eggs are prepackaged and labeled as ungraded with the name and address of the producer; (iv) cartons are not reused unless all brand markings and other identification is obliterated and the carton is free of foreign material; (v) sales are to consumers only; and (vi) eggs are maintained at a temperature of 45° Fahrenheit or below.”
K.S.A. 2-2508 · read 2026-10-05
“If such producer desires to sell graded eggs, the producer shall be permitted to do so if in compliance with this act.”
K.S.A. 2-2508 · read 2026-10-05
“"consumer" means a person who buys or otherwise acquires eggs for personal consumption and not for resale;”
K.S.A. 2-2501 · read 2026-10-05
“"producer" means any person who exercises control over the production of eggs and disposes of eggs from the output of a flock owned by such person;”
K.S.A. 2-2501 · read 2026-10-05
“"food purveyor" means state institutions, military or federal installations, retailers, restaurants, cafes, cafeterias, hotels, institutions or other places where eggs are served in the shell or broken out for immediate consumption or where any foods containing eggs are sold;”
K.S.A. 2-2501 · read 2026-10-05
“It shall be a violation of this act for any person, other than those exempted by K.S.A. 2-2508, and amendments thereto, to: ... (m) offer eggs for sale that have not been candled and graded;”
K.S.A. 2-2503 · read 2026-10-05
“(f) hold eggs for human consumption at an ambient temperature higher than 45° Fahrenheit after being received at the point of first purchase or assembly;”
K.S.A. 2-2503 · read 2026-10-05
“there is hereby levied an inspection fee on all graded eggs sold, offered or exposed for sale or distributed to food purveyors or retailers at the rate of 3.5 mills for each dozen eggs. Such fee shall be paid by the last handler.”
K.S.A. 2-2507 · read 2026-10-05
“Each container of eggs shall be labeled with the following information: (1) The size and quality of eggs which shall be printed in boldface type letters not less than ⅜ inch in height; (2) the identity of the eggs; (3) name and address of either the packer, the person for whom the eggs are packed or the retailer if the eggs have been repacked; (4) the pack date; (5) safe handling instructions”
K.S.A. 2-2509 · read 2026-10-05
“"Keep refrigerated at or below 45° Fahrenheit," which shall be printed on the outside of the carton”
K.S.A. 2-2509 · read 2026-10-05
“Any person who violates any of the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $100, nor more than $1,000”
ksrevisor.gov · read 2026-10-05
“History: L. 1955, ch. 9, § 8; L. 1971, ch. 7, § 3; L. 2000, ch. 57, § 8; L. 2006, ch. 90, § 6; July 1.”
K.S.A. 2-2508 · read 2026-10-05
What we couldn't confirm
- KDA agency pages and PDFs (Egg Law PDF, 'Food Safety Fact Sheet Licensed Egg Producer', 'Food Safety Fact Sheet Selling Eggs Without A License', egg application/forms page) all returned Akamai 'Access Denied' (HTTP 403) to curl with browser headers on 2026-10-05; agency program name, phone, page date and the actual license fee set by regulation are UNVERIFIED.
- K.A.R. agency 4, article 23 (egg regulations: grade standards, license fee, tolerances) not fetched; Kansas SOS KAR site returned a 2.5 KB stub. The statute caps the fee at $25 but the regulation sets the actual amount.
- Whether the 50-or-fewer-hen tier permits sales to retailers/restaurants is not stated in the statute text; the statute only restricts the 51–249 tier to consumers. Flagged, not asserted.
- Searched the Revisor's current text (2026 site) for 2024–2026 amendments to 2-2501 through 2-2513: history lines show none later than 2006/2008-era session laws (not individually checked for 2-2510/2-2511). Did not search kslegislature.gov bill index for pending egg bills.
- Agency page: agency pages returned HTTP 403 Access Denied to curl on 2026-10-05
Other states
Legal in your state? Then keep the books.
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