State rules

Can you sell backyard eggs in Pennsylvania?

Yes. With fewer than 3,000 laying hens, selling on the farm or within 100 miles, you need no retail license, but a farmers' market stand does.

Read from 10 official sources48 passages quotedChecked October 6, 2026

At a glance

License

Depends how you sell

Small-flock line

Under 3,000 laying hens

Farmers markets

License needed

Cartons

Reuse with conditions

In plain English

Pennsylvania has no separate backyard-egg license. Under PDA's current small-flock guidance (revised May 2026), a producer with fewer than 3,000 laying hens who sells on the farm, or distributes within 100 miles of where the eggs are produced or packed, and keeps the eggs at 45°F or colder from within 24 hours of lay until sale, is exempt from retail food licensing. That is an exemption from the license, not from the rules: the Retail Food Code still applies, every carton needs a full label, and PDA can inspect. Selling to restaurants and stores within the 100-mile radius is allowed, in new cartons. Retailing your eggs yourself away from the farm is different: a farmers'-market stand needs its own Retail Food License (from PDA, or from the county or city health department where one exists). A $35-a-year Food Establishment registration applies only to facilities that hold, wash or pack eggs for retail sale outside the small-flock exemption, for example packing eggs for other producers.

A sourced reading of Pennsylvania's rules, not legal advice. Rules change; confirm with Pennsylvania Department of Agriculture (PDA) (717-787-4315) before you sell.

Do you need a license?

Depends on how and how much you sellUnder 3,000 laying hens
  • Fewer than 3,000 laying hens.PDA guidance; a flock of exactly 3,000 is not covered by the wording 'less than 3,000'
  • Sell directly on your own farm, or distribute within a 100-mile radius of your production or processing facility.
  • Hold eggs at 45°F or less (ambient air) starting within 24 hours of lay and until sale, including the time spent at a farmers market.
  • PDA's Eggs web page and its Feb 2026 farmers-market guidelines add a five-day rule: eggs must be sold within five days of the date of lay. The May 2026 small-flock sheet does not repeat it; following it is the safe reading.
  • Label every carton, flat or container: name and complete address with ZIP code; date of lay (the oldest date if lays are mixed); statement of identity (eggs); net contents in letters at least 3/16 inch high; Keep Refrigerated; safe handling instructions; grade and size only if graded to US standards, otherwise Unclassified; and the species if the eggs are not from chickens.
  • Remove dirty, leaking and loss (bloody, rotten or similar) eggs before sale; eggs sold to consumers or used in retail food facilities must meet at least US Consumer Grade B.
  • The exemption covers retail licensing only: small-flock producers remain subject to the Retail FDA Food Code (adopted by 7 Pa. Code § 46.4) and may be inspected.
  • Selling anywhere other than the farm, such as a farmers market, requires a Retail Food License for that stand.
  • No Food Establishment registration is needed for a facility with fewer than 3,000 birds packing and selling its own eggs within 100 miles; registration (3 Pa.C.S. § 5734, $35 per year) is required for facilities that hold, wash or package eggs for retail sale, including under-3,000-bird producers who pack and distribute eggs for others.
  • Producers with more than 3,000 laying hens must register with and be inspected by PDA at the production farm.
  • Separate statutory refrigeration exception (Egg Refrigeration Law § 3(f); 7 Pa. Code § 88.2(d)): a small egg processor with not more than 3,200 laying hens over the prior 12 months, selling predominantly (over 50%) within 100 miles and within 5 days of lay, may hold eggs at 60°F or less instead of the 55°F/45°F rules, and must print the date of lay on each container. PDA's current guidance nonetheless tells small flocks to hold eggs at 45°F.
The exact wording
“If a producer meets all the following requirements, they are exempt from retail licensing. … Has less than 3,000 laying hens. … Sells directly on their farm or distributes within a 100-mile radius of their production or processing facility. … All eggs must be maintained in 45°F or less ambient air temperature within 24 hours of lay until the time of sale.”

Where you can sell

From home or the farm

With conditions

On-farm sales are the core of PDA's small-flock exemption: no retail food license when the flock is under 3,000 laying hens and eggs are held at 45°F or less from within 24 hours of lay. Every carton still needs the full label, eggs must be at least Grade B quality, and the Retail Food Code and inspections still apply. Used cartons are allowed if clean and all old printing is covered or removed. PDA's Feb 2026 guidelines say retail farm markets and stands generally must be licensed; a stand that also sells other foods may fall under that rule (not confirmed).

Farmers markets

License needed

PDA requires a Retail Food License to sell eggs anywhere other than the farm, including a farmers market; its Feb 2026 guidelines classify eggs as pre-packaged TCS (time/temperature control for safety) food, and each stand needs its own license. PDA fees: $103 for a first license, $82 for annual renewal, $14 for a temporary license covering up to 14 days a year. Eggs must stay at 45°F or less while at the market, and the small-flock label and five-day rules apply. In counties with their own health department (PDA names Allegheny, Bucks, Chester, Delaware, Erie, Montgomery and Philadelphia) and in some cities and townships, the local health authority issues the license and sets fees.

Stores and restaurants

With conditions

PDA's small-flock sheet allows eggs from qualifying flocks to be sold to food processors, restaurants or other retail facilities within the 100-mile radius. Eggs sold to grocery stores or restaurants must go in new cartons or filler flats, properly labeled, and must meet at least US Consumer Grade B. A producer packing and selling only its own eggs within 100 miles does not need Food Establishment registration; packing or distributing eggs for others does ($35 per year).

Also check with: Your county or city health department, if your area has one (PDA names Allegheny, Bucks, Chester, Delaware, Erie, Montgomery and Philadelphia counties); there it licenses farmers-market egg stands instead of PDA.

Cartons, labels and handling

Cartons

Reused cartons are allowed, with conditions.

“For sale to grocery stores or restaurants, new cartons and/or filler flats must be used and properly labeled. … Used egg cartons are not prohibited; however, you should ensure the carton is clean and if the carton is printed with brand name, store names, size, grade, a distributor or packer, production codes, etc., all information must be covered or removed”

Refrigeration

45°F or colder where the rule applies.

“All eggs must be maintained in 45°F or less ambient air temperature within 24 hours of lay until the time of sale.”

The label must show

  • Name and complete address including ZIP code
  • Date of lay (oldest date if the carton holds eggs from different days)
  • Statement of identity (eggs)
  • Net contents, in letters at least 3/16 inch high
  • Keep Refrigerated
  • Safe handling instructions
  • Grade and size only if graded to US standards; otherwise Unclassified
  • Species, if not chicken (e.g. duck, quail, goose, turkey, guinea)
  • Retail bulk display: date of lay and the producer's identity posted at the display

The carton label maker prints these lines with the federal safe handling statement.

Grading

Ungraded eggs may be sold under the small-producer rules.

Grading is optional. Pennsylvania adopts USDA grade and weight standards, and eggs may be marked AA, A or B (and with a size) only if they meet that grade. Eggs that are not graded must be marked Unclassified, which 7 Pa. Code § 87.52(c) allows in place of a consumer grade for edible eggs not sorted to official grades, excluding dirties, leakers and loss. PDA adds that eggs sold directly to consumers or used in retail food facilities must meet at least US Consumer Grade B under the Retail Food Code.

Washing

Washing is optional, but dirty, leaking and loss eggs must be removed. If you wash, do not soak or submerge: put the eggs in a container with holes, such as a colander, and let water run over them, or wipe them with a disposable towel. Use only wash compounds made for shell eggs and sanitizers approved for shell eggs, applied the same way (PDA small-flock sheet).

Federal rules apply on top of Pennsylvania's: the four federal egg rules. Pricing your dozen? The egg price calculator works it out from your feed bill.

What changed recently

  1. 2026-05 · PDA revised its Eggs From Small Flock Producers sheet (marked Rev 5/2026). The current version lists three conditions for the retail-licensing exemption (under 3,000 laying hens; on-farm sale or distribution within 100 miles; 45°F within 24 hours of lay) and does not mention the five-day rule that still appears on PDA's Eggs web page. What the earlier version said was not checked. Source
  2. 2026-02 · PDA revised its Farmers Market and Farm Stand Guidelines (marked Rev 2/2026): stands selling eggs off the production farm need a Retail Food License because eggs are pre-packaged TCS foods; five-day sale and 45°F rules; first license $103. Source

Common questions

Do I need a license to sell eggs from my backyard chickens in Pennsylvania?
Yes. With fewer than 3,000 laying hens, selling on the farm or within 100 miles, you need no retail license, but a farmers' market stand does. Small-flock line: under 3,000 laying hens. The conditions, and the law they come from, are on this page.
Can I sell eggs at a farmers market in Pennsylvania?
Needs a license or isn't exempt. PDA requires a Retail Food License to sell eggs anywhere other than the farm, including a farmers market; its Feb 2026 guidelines classify eggs as pre-packaged TCS (time/temperature control for safety) food, and each stand needs its own license. PDA fees: $103 for a first license, $82 for annual renewal, $14 for a temporary license covering up to 14 days a year. Eggs must stay at 45°F or less while at the market, and the small-flock label and five-day rules apply. In counties with their own health department (PDA names Allegheny, Bucks, Chester, Delaware, Erie, Montgomery and Philadelphia) and in some cities and townships, the local health authority issues the license and sets fees. Also check with your county or city health department, if your area has one (PDA names Allegheny, Bucks, Chester, Delaware, Erie, Montgomery and Philadelphia counties); there it licenses farmers-market egg stands instead of PDA..
Can I reuse egg cartons in Pennsylvania?
With conditions. The rule reads: "For sale to grocery stores or restaurants, new cartons and/or filler flats must be used and properly labeled. … Used egg cartons are not prohibited; however, you should ensure the carton is clean and if the carton is printed with brand name, store names, size, grade, a distributor or packer, production codes, etc., all information must be covered or removed"
What has to be on the carton label in Pennsylvania?
Name and complete address including ZIP code, Date of lay (oldest date if the carton holds eggs from different days), Statement of identity (eggs), Net contents, in letters at least 3/16 inch high, Keep Refrigerated, Safe handling instructions, Grade and size only if graded to US standards; otherwise Unclassified, Species, if not chicken (e.g. duck, quail, goose, turkey, guinea), Retail bulk display: date of lay and the producer's identity posted at the display. The rule reads: "At any location, each carton, flat, or container of eggs must be labeled with the following information: … Name and complete address including zip code … Date of lay … Statement of identity (eggs) … Net Contents (at least 3/16-inch-high letters) … "Keep Refrigerated" … Safe Handling Instructions" The federal safe handling statement applies as well; our carton label maker prints all of it.
Do eggs I sell in Pennsylvania have to be refrigerated?
Yes, at 45°F or colder. The rule reads: "All eggs must be maintained in 45°F or less ambient air temperature within 24 hours of lay until the time of sale."
Sources
Read the 48 passages this page is built on
  • “If a producer meets all the following requirements, they are exempt from retail licensing. … Has less than 3,000 laying hens. … Sells directly on their farm or distributes within a 100-mile radius of their production or processing facility. … All eggs must be maintained in 45°F or less ambient air temperature within 24 hours of lay until the time of sale.”

    PDA guidance: Eggs From Small Flock Producers (Rev 5/2026) · read 2026-10-05

  • “Although exempt from licensing, producers are not exempt from requirements within the Retail FDA Food Code and may be subject to inspection.”

    PDA guidance: Eggs From Small Flock Producers (Rev 5/2026) · read 2026-10-05

  • “A Retail license will be required if eggs are being sold at a different location other than the farm, such as a farmer’s market.”

    PDA guidance: Eggs From Small Flock Producers (Rev 5/2026) · read 2026-10-05

  • “Farmers market stands selling eggs off-site of the production farm, are required to obtain a Retail Food License for the farmer market stand. These are considered pre-packaged TCS Foods, thus requiring a license.”

    PDA guidance: Farmers Market and Farm Stand Guidelines (Rev 2/2026) · read 2026-10-06

  • “Eggs from small flocks, meeting the above requirements, may be sold to and purchased by food processors, restaurants or other retail facilities within the 100-mile radius, for use in their manufactured products/facilities or sold direct to consumers.”

    PDA guidance: Eggs From Small Flock Producers (Rev 5/2026) · read 2026-10-05

  • “A Food Establishment registration under the Food Safety Act (3 Pa. C.S.A. §§ 5721-5737) is required for facilities that hold, wash, and/or package eggs intended for retail sale. This included those operating under the 3,000 bird exemption who are packing and distributing for others.”

    PDA guidance: Eggs From Small Flock Producers (Rev 5/2026) · read 2026-10-05

  • “Facilities with less than 3,000 birds who are packing and selling their own eggs within 100 miles or any offline facilities that do not package eggs onsite, intended for retail sale, are exempt from registering.”

    PDA guidance: Eggs From Small Flock Producers (Rev 5/2026) · read 2026-10-05

  • “it shall be the duty of every person operating a food establishment within this Commonwealth to register with the secretary as a food establishment. … The registration fee shall be $35 per food establishment per year.”

    3 Pa.C.S. § 5703 (Retail Food Facility Safety Act) · read 2026-10-06

  • “Egg producers with more than 3,000 laying hens must register with and be inspected by the Pennsylvania Department of Agriculture at the production farm.”

    PDA guidance: Farmers Market and Farm Stand Guidelines (Rev 2/2026) · read 2026-10-06

  • “If an egg producer has less than 3,000 laying hens, and sells eggs within five days from the date of lay and sells eggs predominately within a 100 mile radius of their production or processing facility, then the following summary of regulations will apply when selling eggs to the consumer.”

    Pennsylvania Department of Agriculture (PDA) · read 2026-10-05

  • “For those producers with less than 3,000 laying hens, the following protocols must be followed for retail sale of shell eggs from the farm or at farmers markets: … Eggs must be sold within five (5) days from the date of the lay.”

    PDA guidance: Farmers Market and Farm Stand Guidelines (Rev 2/2026) · read 2026-10-06

  • “Eggs must be maintained at 45°F or less within 24 hours from the time of lay until the time of sale. This includes the period of time when the eggs are at the farmers market.”

    PDA guidance: Farmers Market and Farm Stand Guidelines (Rev 2/2026) · read 2026-10-06

  • “All eggs must be maintained in 45°F or less ambient air temperature within 24 hours of lay until the time of sale.”

    PDA guidance: Eggs From Small Flock Producers (Rev 5/2026) · read 2026-10-05

  • “At any location, each carton, flat, or container of eggs must be labeled with the following information: … Name and complete address including zip code … Date of lay … Statement of identity (eggs) … Net Contents (at least 3/16-inch-high letters) … "Keep Refrigerated" … Safe Handling Instructions”

    PDA guidance: Eggs From Small Flock Producers (Rev 5/2026) · read 2026-10-05

  • “if eggs of different lay dates are in the same carton/container, use the oldest date as date of lay”

    PDA guidance: Eggs From Small Flock Producers (Rev 5/2026) · read 2026-10-05

  • “To prevent illness from bacteria: keep eggs refrigerated, cook eggs until yolks are firm, and cook foods containing eggs thoroughly.”

    PDA guidance: Eggs From Small Flock Producers (Rev 5/2026) · read 2026-10-05

  • “If you are not grading your eggs to meet the US grade standards or US weight standards, then you must mark each carton/container of eggs as “Unclassified”. The Retail Food Code requires that eggs sold directly to the consumer or used in Retail Food Facilities must meet or exceed US Consumer Grade B standards.”

    PDA guidance: Eggs From Small Flock Producers (Rev 5/2026) · read 2026-10-05

  • “Eggs which are offered for sale from a retail bulk display shall have the date of lay and the identity of the small processor posted on the display in a clean and conspicuous manner. … If other than chicken, the name of species of fowl the eggs came from (examples: ducks, quail, goose, turkey, guinea)”

    PDA guidance: Eggs From Small Flock Producers (Rev 5/2026) · read 2026-10-05

  • “If you do not weigh the eggs or if they are mixed sizes, the carton, flat or container must be labeled as “Unclassified”. Dirty, leaking or cracked eggs must be removed prior to sale.”

    PDA guidance: Farmers Market and Farm Stand Guidelines (Rev 2/2026) · read 2026-10-06

  • “For sale to grocery stores or restaurants, new cartons and/or filler flats must be used and properly labeled. … Used egg cartons are not prohibited; however, you should ensure the carton is clean and if the carton is printed with brand name, store names, size, grade, a distributor or packer, production codes, etc., all information must be covered or removed”

    PDA guidance: Eggs From Small Flock Producers (Rev 5/2026) · read 2026-10-05

  • “Must remove dirties, leakers, or loss (bloody, rot, or similar) eggs. … If you choose to wash your eggs: … Never submerge the eggs in; instead, use a container with holes (like a colander) and let the water run over. Do not allow the eggs to sit in the water.”

    PDA guidance: Eggs From Small Flock Producers (Rev 5/2026) · read 2026-10-05

  • “If you are using a wash compound to clean the eggs, make sure it is specifically made for cleaning shell eggs. … Use only sanitizers that are approved for sanitizing shell eggs”

    PDA guidance: Eggs From Small Flock Producers (Rev 5/2026) · read 2026-10-05

  • “In order to mark your eggs with these terms, they must meet the requirements for the marked grade. Pennsylvania adopts the USDA standards for grades and weight classes.”

    Pennsylvania Department of Agriculture (PDA) · read 2026-10-05

  • “All consumer receptacles shall be marked in a plain and conspicuous manner on the principal display panel (top) with: (1) statement of identity (eggs) in size lettering reasonably related to the most prominent printed material on the principal display panel; and (2) net contents in lettering at least 3/16 inches in height.”

    7 Pa. Code Chapter 87 (§§ 87.51–87.52) · read 2026-10-06

  • “The following information shall be shown on the principal display panel or a side panel in a plain and conspicuous manner: (1) Consumer grade. (2) Weight class. (3) Name and address, including ZIP code, of the producer, packer, or distributor.”

    7 Pa. Code Chapter 87 (§§ 87.51–87.52) · read 2026-10-06

  • “In lieu of the consumer grade, eggs may be marked in a conspicuous manner on the front or top panel with a statement of … Unclassified … shall indicate eggs of edible quality which are not segregated according to official Pennsylvania grades and weight classes, but not to include dirties, leakers, and loss.”

    7 Pa. Code Chapter 87 (§§ 87.51–87.52) · read 2026-10-06

  • “it shall be unlawful for any proprietor to conduct or operate a retail food facility without first obtaining a license for each retail food facility as provided in this subchapter.”

    3 Pa.C.S. § 5703 (Retail Food Facility Safety Act) · read 2026-10-06

  • “A licensor shall exempt the following retail food facilities from the license requirements of this section: … (ii) A retail food facility that sells only raw agricultural commodities.”

    3 Pa.C.S. § 5703 (Retail Food Facility Safety Act) · read 2026-10-06

  • “(1) The county department of health or joint-county department of health whenever a retail food facility is located in a political subdivision under the jurisdiction of a county department of health … (2) The health authorities of cities, boroughs, incorporated towns and first class townships”

    3 Pa.C.S. § 5703 (Retail Food Facility Safety Act) · read 2026-10-06

  • “If your county is under a County Health Department Jurisdiction, you should contact them directly for licensing. These counties include Allegheny, Bucks, Chester, Delaware, Erie, Montgomery, and Philadelphia.”

    Pennsylvania Department of Agriculture (PDA) · read 2026-10-06

  • “Retail food facilities are required to be licensed and inspected. This includes farmers markets and retail farm markets/stands. Licensing and inspection will be handled by the appropriate authorized agency, typically either the Pennsylvania Department of Agriculture (PDA) or a local or county health department.”

    PDA guidance: Farmers Market and Farm Stand Guidelines (Rev 2/2026) · read 2026-10-06

  • “$103 for retail food facilities that have not been previously licensed. … $82 for annual renewals/change in ownership/additional farmers market stands on the same day. … $14 for temporary licenses up to 14 days per calendar year”

    PDA guidance: Farmers Market and Farm Stand Guidelines (Rev 2/2026) · read 2026-10-06

  • “If you want to sell food at a farmers' market, you need a Retail Food License. Each stand at the market needs its own license, even if it's the same market.”

    Pennsylvania Department of Agriculture (PDA) · read 2026-10-06

  • “The provisions, terms, procedures, appendices and standards in the current edition of the Model Food Code are adopted to the extent they do not conflict with one or more of the following:”

    7 Pa. Code §§ 46.4, 46.1141 · read 2026-10-06

  • “EGG REFRIGERATION LAW Act of Aug. 6, 1991, P.L. 321, No. 32”

    Egg Refrigeration Law, Act of Aug. 6, 1991, P.L. 321, No. 32 (31 P.S. §§ 300.1–300.9) · read 2026-10-06

  • “within 24 hours of being laid, a shell egg sold or produced within this Commonwealth shall be subjected to and maintained at an ambient temperature not to exceed 55 degrees Fahrenheit. After the shell egg is washed and packed, it shall be subjected to and maintained at an ambient temperature not to exceed 45 degrees Fahrenheit.”

    Egg Refrigeration Law, Act of Aug. 6, 1991, P.L. 321, No. 32 (31 P.S. §§ 300.1–300.9) · read 2026-10-06

  • “This section shall not apply to an egg processor who meets all of the following requirements: (i) maintained at all times during the prior 12-month period a flock of not more than 3,200 laying hens in the aggregate;”

    Egg Refrigeration Law, Act of Aug. 6, 1991, P.L. 321, No. 32 (31 P.S. §§ 300.1–300.9) · read 2026-10-06

  • “(ii) sells or markets eggs predominantly within a 100-mile radius of the facility in which the eggs were produced and processed for sale or distribution; (iii) sells or markets eggs within five days of the date of lay; and (iv) stores the eggs prior to sale at a temperature of 60 degrees Fahrenheit or less.”

    Egg Refrigeration Law, Act of Aug. 6, 1991, P.L. 321, No. 32 (31 P.S. §§ 300.1–300.9) · read 2026-10-06

  • “Small egg processors exempted under this section shall print clearly and conspicuously on each container or consumer receptacle the date of lay of eggs contained therein.”

    Egg Refrigeration Law, Act of Aug. 6, 1991, P.L. 321, No. 32 (31 P.S. §§ 300.1–300.9) · read 2026-10-06

  • “(1) Has maintained a flock of laying hens at all times during the prior 12 months, with the aggregate number of those laying hens not exceeding 3,200. (2) Sells or markets greater than 50% of the eggs which he produces and processes for sale or distribution within a 100-mile radius of the facility at which eggs are produced and processed.”

    7 Pa. Code Chapter 88 (§§ 88.1–88.7) · read 2026-10-06

  • “(3) Sells or markets eggs within 5 days of the date of lay. (4) Maintains each egg at an ambient temperature of 60°F or less within 24 hours of being laid, and maintains the egg at this ambient temperature until sale.”

    7 Pa. Code Chapter 88 (§§ 88.1–88.7) · read 2026-10-06

  • “This section does not apply to a small processor who meets the criteria in § 88.2(d) (relating to temperature requirements).”

    7 Pa. Code Chapter 88 (§§ 88.1–88.7) · read 2026-10-06

  • “A person who violates section 4 commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $100.”

    Egg Refrigeration Law, Act of Aug. 6, 1991, P.L. 321, No. 32 (31 P.S. §§ 300.1–300.9) · read 2026-10-06

  • “Legislation that amends this act No legislation was found amending this statute.”

    palegis.us · read 2026-10-06

  • “(Oct. 24, 2012, P.L.1434, No.180, eff. 60 days) 2012 Amendment. Act 180 amended subsec. (d).”

    3 Pa.C.S. § 5703 (Retail Food Facility Safety Act) · read 2026-10-06

  • “Rev 5/2026 EGGS FROM SMALL FLOCK PRODUCERS”

    PDA guidance: Eggs From Small Flock Producers (Rev 5/2026) · read 2026-10-05

  • “Rev 2/2026 FARMERS MARKET AND FARM STAND GUIDELINES”

    PDA guidance: Farmers Market and Farm Stand Guidelines (Rev 2/2026) · read 2026-10-06

  • “If you have any questions about egg production or retail sales of eggs, please contact the Department at 717- 787-4315 or ra-foodsafety@pa.gov.”

    PDA guidance: Eggs From Small Flock Producers (Rev 5/2026) · read 2026-10-05

What we couldn't confirm
  • Where the rules come from: the 3,000-hen line, the on-farm licensing exemption and the 100-mile condition appear in PDA guidance (small-flock sheet rev. 5/2026; farmers-market guidelines rev. 2/2026; PDA Eggs page), not in any statute or regulation I read. The statute and regulation use a different line (not more than 3,200 hens) and apply it only to the refrigeration, coding and labeling rules. The source of the 3,000 figure was not identified; it may track the FDA Egg Safety Rule (21 CFR 118), which was not fetched.
  • PDA guidance and the older law disagree. (a) Temperature: PDA tells small flocks to hold eggs at 45°F, but Act 32 § 3(f) and 7 Pa. Code § 88.2(d) let qualifying small egg processors use 60°F. (b) Five-day rule: in the statute, regulation, Eggs page and Feb 2026 guidelines, but not in the May 2026 sheet. (c) Keep Refrigerated label: PDA lists it for small flocks, but § 88.4(d) exempts small processors from § 88.4, which is where the KEEP REFRIGERATED rule sits. This record reports PDA's current guidance as the working answer (maxF 45). Sellers should confirm with PDA.
  • Exactly 3,000 hens: the guidance says 'less than 3,000' qualify and 'more than 3,000' must register, so a flock of exactly 3,000 is not addressed. thresholdHens is set to 3000 as the boundary number; to qualify, a flock must be under 3,000.
  • Raw agricultural commodities: 3 Pa.C.S. § 5703(b)(2)(ii) and 7 Pa. Code § 46.1141(b)(2) exempt facilities that sell only raw agricultural commodities from licensing, yet PDA treats shell eggs at farmers markets as pre-packaged TCS food that needs a license. Whether shell eggs count as a raw agricultural commodity was not resolved; this record follows PDA's position.
  • Farm stands: the small-flock sheet exempts on-farm sales from retail licensing, but the Feb 2026 guidelines say retail farm markets and stands must be licensed and inspected. I read this as: a stand selling only the farm's own eggs falls under the egg exemption, while a farm market that also sells other foods may need a license. PDA does not say this directly.
  • Local health authorities (county departments in Allegheny, Bucks, Chester, Delaware, Erie, Montgomery and Philadelphia, plus some city, borough and township health authorities) set their own license fees and may add rules; none of their pages were checked.
  • Not fetched or read: the FDA Food Code text and which edition Pennsylvania currently applies (the Grade B and 45°F receiving rules were taken from PDA's summary); 21 CFR 118; PDA's Farmers Market FAQ PDF (HTTP 404 on 2026-10-06); PDA's Farmers Markets application packet; the PA Bulletin for 2024–2026 proposed egg rules; pending bills (only a palegis act-name search for EGG was run). Penn State Extension was not used.
  • The pa-act25-* files named in the brief were not in raw/. No 'Act 25' egg law was found (palegis Act 25 of 1990 is a motor-vehicle finance act). The egg refrigeration statute is Act 32 of 1991, saved as raw/pa-act32-1991-*. The palegis name search also listed the Egg Law of 1909 (Act 9) and Eggs, Sale Regulated of 1919 (Act 356); neither was read.
  • Scope scanned: 3 Pa.C.S. ch. 57, full text (palegis file revised 2024-05-31); Egg Refrigeration Law, full text and palegis law-information page; 7 Pa. Code chs. 46 (full chapter), 85, 87 and 88; PDA pages for Eggs, PEQAP and Farmers Markets; PDA PDFs Eggs From Small Flock Producers (rev. 5/2026), Farmers Market and Farm Stand Guidelines (rev. 2/2026) and Egg Refrigeration Requirements (2000 printing of ch. 88). PEQAP is a voluntary program and was not treated as a small-flock requirement.
  • No 2024–2026 change found in the statutes or regulations. The latest amendment to 3 Pa.C.S. §§ 5703 and 5734 is Act 180 of 2012 (effective in 60 days). palegis lists no legislation amending the Egg Refrigeration Law (Act 32 of 1991). 7 Pa. Code ch. 88 is unchanged since 1993, §§ 87.51–87.52 since 1974, and § 46.4 since 2014. § 46.4 adopts the current edition of the FDA Food Code, so a new FDA edition can change retail rules without a Pennsylvania rulemaking.

Other states

Legal in your state? Then keep the books.

PoultryPal's sales ledger tracks customers, dozens and payments next to your feed costs, so you know your margin and not just your egg count. Premium includes financial tracking and the sales ledger. Free to download on iOS and Android.

Download on the App StoreGet it on Google Play