Can you sell backyard eggs in Texas?
Yes. If you sell only your own flock's eggs and don't claim a grade, the Texas Egg Law doesn't apply; label cartons "ungraded" with your name and address.
Read from 13 official sources19 passages quotedChecked October 6, 2026
At a glance
License
Not needed
Small-flock line
No number: own flock, ungraded
Farmers markets
Allowed
Cartons
Reuse with conditions
In plain English
Texas has no hen-count or dozens-per-week threshold for the producer exemption. The Egg Law (Agriculture Code ch. 132) simply does not apply to a person who sells only eggs from their own flock and does not claim a grade. TDA rules add one condition: the eggs must be identified 'ungraded' and 'Produced by (name)' with the producer's address, and the rule's carton provisions describe these eggs as sold directly to the consumer. If the producer grades the eggs, buys in eggs from anyone else, or claims a grade on any portion, they lose producer status and need a dealer-wholesaler license. A 2025 bill (SB 1864 / HB 2953) that would have expressly allowed limited wholesale of ungraded eggs with a license or registration did not pass.
A sourced reading of Texas's rules, not legal advice. Rules change; confirm with Texas Department of Agriculture ((800) 835-5832 (TELL-TDA)) before you sell.
Do you need a license?
- Sell only eggs produced by your own flock.no eggs bought in from any other source, or producer identity is lost — 4 TAC 15.1(12)(A)
- Do not claim any grade or size on any portion of production.claiming a grade on any portion means the entire production must comply with ch. 132 — 4 TAC 15.1(12)(B)
- Identify the eggs as ungraded and 'Produced by (producer's name)' with the producer's address.4 TAC 15.2(b)(1), 15.8(a)(2), 15.8(b)(2)
- TAC carton rules describe exempt producer cartons as 'sold directly to the consumer' (15.8(a)(2), (b)(2)); the statute itself names no venue limit.
The exact wording
Where you can sell
From home or the farm
Statute exempts the producer entirely; TDA rule requires the 'ungraded / Produced by (name) / address' identification on the carton.
Farmers markets
Same test: own-flock, no grade claimed, ungraded label with name and address. Sales directly to consumers are the case the TAC carton rules expressly describe. Local market or health-department rules not checked.
Stores and restaurants
Agric. Code 132.002 does not itself restrict where exempt ungraded eggs may be sold, and 132.047(b) contemplates a retailer selling ungraded eggs (under 120 dozen/week) in uncartoned form. But 4 TAC 15.8(a)(2) and (b)(2) say exempt-producer cartons are to be 'sold directly to the consumer', and the 89th Legislature's SB 1864 (which would have expressly authorized 400–500 dozen/week of ungraded eggs at wholesale to restaurants and small grocers under a TDA license/registration) died in the House on 2025-05-27 without passage. Treat wholesale of ungraded eggs as not clearly authorized; restaurants and retailers are also subject to DSHS/local approved-source food rules, which were not checked.
Cartons, labels and handling
Cartons
Reused cartons are allowed, with conditions.
Egg cartons cannot be reused except by the original packer. (4 TAC 15.8(f)). For exempt producers, 15.8(a)(2) allows commercially printed cartons and 15.8(b)(2) allows stock cartons provided the required 'ungraded / produced by / address' information appears on the top panel (may be hand printed on stock cartons if legible).
Refrigeration
45°F or colder where the rule applies.
To prevent undue deterioration, all packed eggs shall be stored under refrigeration at a temperature of 45 degrees Fahrenheit or less (4 TAC 15.7(a)). Note: this is a rule under a chapter that does not apply to exempt producers; the statute imposes no temperature requirement on them. USDA/FDA standards prevail if different.
The label must show
- the word 'ungraded'
- 'produced by (producer's name)'
- producer's address
- information on the top panel of the carton; hand printing allowed on stock cartons if legible
The carton label maker prints these lines with the federal safe handling statement.
Grading
Ungraded eggs may be sold under the small-producer rules.
The exemption exists precisely for eggs 'for which the person does not claim a grade.' 'Ungraded' is defined as a classification of eggs marketed by a producer which have not been handled, graded, or packed by a licensee (4 TAC 15.1(16)). Eggs offered for sale by anyone else must be graded and weighed to consumer or wholesale grade and weight classes (132.042).
Washing
No washing requirement appears in Agric. Code ch. 132 or in 4 TAC 15.1, 15.2, 15.7 or 15.8 for exempt producers. 132.045 requires eggs to be 'handled under reasonably sanitary conditions in compliance with the rules of the department' for those subject to the chapter.
Federal rules apply on top of Texas's: the four federal egg rules. Pricing your dozen? The egg price calculator works it out from your feed bill.
What changed recently
- 2025-05-27 · SB 1864 (89R, Johnson; companion HB 2953 by Alders) — 'Relating to egg grading and the selling of ungraded eggs; requiring an occupational license' — passed the Senate 2025-04-24, was reported favorably as substituted by House Agriculture & Livestock 2025-05-20, and was 'Placed on General State Calendar' 2025-05-27 as its last action. It did not pass; no enrolled version exists (enrolled URL returns 404). HB 2953's last action was referral to committee 2025-03-20. The House committee substitute would have allowed any quantity of ungraded eggs direct to consumers plus up to 400 dozen/week at wholesale to restaurants, grocery stores of 25,000 sq ft or less, and farmer cooperatives, under an 'ungraded dealer-wholesaler' license with 36-hour refrigeration and 45°F holding. Source
- 2023-03-30 · 4 TAC ch. 15 (§§ 15.1, 15.2, 15.4, 15.7, 15.8) amended effective 3/30/2023 (48 TexReg 1622). Source
Common questions
- Do I need a license to sell eggs from my backyard chickens in Texas?
- Yes. If you sell only your own flock's eggs and don't claim a grade, the Texas Egg Law doesn't apply; label cartons "ungraded" with your name and address. Small-flock line: no number: own flock, ungraded. The conditions, and the law they come from, are on this page.
- Can I sell eggs at a farmers market in Texas?
- Allowed. Same test: own-flock, no grade claimed, ungraded label with name and address. Sales directly to consumers are the case the TAC carton rules expressly describe. Local market or health-department rules not checked.
- Can I reuse egg cartons in Texas?
- With conditions. The rule reads: "Egg cartons cannot be reused except by the original packer. (4 TAC 15.8(f)). For exempt producers, 15.8(a)(2) allows commercially printed cartons and 15.8(b)(2) allows stock cartons provided the required 'ungraded / produced by / address' information appears on the top panel (may be hand printed on stock cartons if legible)."
- What has to be on the carton label in Texas?
- the word 'ungraded', 'produced by (producer's name)', producer's address, information on the top panel of the carton; hand printing allowed on stock cartons if legible. The rule reads: "If a producer exempt under the Code, §132.002, is using stock cartons, the cartons must be labeled "ungraded" followed by "produced by (producer's name)," the producer's address, and sold direct to the consumer. Such information may be hand printed on the carton, provided it is legible and appears on the top panel of the egg carton." The federal safe handling statement applies as well; our carton label maker prints all of it.
- Do eggs I sell in Texas have to be refrigerated?
- Yes, at 45°F or colder. The rule reads: "To prevent undue deterioration, all packed eggs shall be stored under refrigeration at a temperature of 45 degrees Fahrenheit or less (4 TAC 15.7(a)). Note: this is a rule under a chapter that does not apply to exempt producers; the statute imposes no temperature requirement on them. USDA/FDA standards prevail if different."
- Tex. Agric. Code § 132.002 · Limitation of Chapter (producer exemption)
- Tex. Agric. Code § 132.021 · License Required
- Tex. Agric. Code § 132.022 · License Categories (dealer-wholesaler includes producer selling own flock on a graded basis)
- Tex. Agric. Code § 132.042 · Grading and Classification Required
- Tex. Agric. Code § 132.044 · Labeling Requirements for Egg Containers
- Tex. Agric. Code § 132.045 · Sanitation Required
- Tex. Agric. Code § 132.047 · Uncartoned Eggs (retailer ungraded exemption under 120 dozen/week)
- Tex. Agric. Code § 132.081 · General Penalty
- 4 Tex. Admin. Code § 15.1 · Definitions (producer, consumer, ungraded, retail carton, stock carton)
- 4 Tex. Admin. Code § 15.2 · Who Must Obtain a License (producer exemption with name-and-address condition)
- 4 Tex. Admin. Code § 15.7 · Storage Requirements (45°F)
- 4 Tex. Admin. Code § 15.8 · Labeling Requirements (ungraded producer cartons; carton reuse)
- Texas Department of Agriculture · Egg Quality Program (Agriculture and Consumer Protection division)
Read the 19 passages this page is built on
“This chapter does not apply to a person selling only eggs that are produced by the person's own flock and for which the person does not claim a grade.”
Tex. Agric. Code § 132.002 · read 2026-10-06
“A person may not buy or sell eggs in this state for the purpose of resale without first obtaining a license from the department.”
Tex. Agric. Code § 132.021 · read 2026-10-06
“This section does not apply to: ... (5) a retailer selling eggs to the ultimate consumer of the eggs.”
Tex. Agric. Code § 132.021 · read 2026-10-06
“A person shall apply for licensing as a dealer-wholesaler if the person: ... (2) produces eggs from the dealer-wholesaler's own flock and disposes of the production on a fully graded basis.”
Tex. Agric. Code § 132.022 · read 2026-10-06
“Eggs offered for sale shall be: (1) classified as Texas eggs or shipped eggs, as applicable; and (2) graded and weighed according to: (A) consumer grade and weight classes, if the eggs are offered for sale to consumers; or (B) wholesale grade and weight classes, if the eggs are offered for sale at wholesale.”
Tex. Agric. Code § 132.042 · read 2026-10-06
“This section does not apply to a retailer's sale of ungraded eggs if the eggs are clearly labeled as being ungraded and the retailer sells less than 120 dozen eggs a week.”
Tex. Agric. Code § 132.047 · read 2026-10-06
“An offense under this chapter is a misdemeanor punishable by a fine of not less than $50 nor more than $1,000.”
Tex. Agric. Code § 132.081 · read 2026-10-06
“producers of eggs who sell only the production of their own flocks without claiming any egg grade or size and without engaging in any previously defined egg marketing activity which would cause them to lose their identity as a producer, except that these producers are required to identify their eggs as "Produced by (producer's name)" and give their addresses;”
4 Tex. Admin. Code § 15.2 · read 2026-10-06
“Producer--Any person who produces and disposes of eggs from the output of the producer's personally owned flock, except that: (A) if a producer obtains eggs from any source other than the producer's own flock and markets or disposes of those eggs along with the producer's own production, the producer loses the identity of a producer ... (B) if a producer claims a grade designation on any portion of the producer's production, the producer loses his identity as a producer and that former producer's entire production must comply”
4 Tex. Admin. Code § 15.1 · read 2026-10-06
“Ungraded-- A classification of eggs which are marketed by a producer as defined in this chapter and which have not been handled, graded, or packed by a licensee.”
4 Tex. Admin. Code § 15.1 · read 2026-10-06
“Consumer--All persons purchasing eggs for consumption and not resale.”
4 Tex. Admin. Code § 15.1 · read 2026-10-06
“If a producer exempt under the Code, §132.002, is using commercially printed cartons, the cartons must be labeled "ungraded" followed by "produced by (producer's name)" and bear the producer's address in legible printed boldface type and sold directly to the consumer.”
4 Tex. Admin. Code § 15.8 · read 2026-10-06
“If a producer exempt under the Code, §132.002, is using stock cartons, the cartons must be labeled "ungraded" followed by "produced by (producer's name)," the producer's address, and sold direct to the consumer. Such information may be hand printed on the carton, provided it is legible and appears on the top panel of the egg carton.”
4 Tex. Admin. Code § 15.8 · read 2026-10-06
“If the case is packed by a producer, the label or tag affixed to the case shall read: "ungraded" followed by "Produced by (producer's name)" and bear the complete mailing address of the producer. Such information may be hand printed, provided it is legible.”
4 Tex. Admin. Code § 15.8 · read 2026-10-06
“Used Cartons. Egg cartons cannot be reused except by the original packer.”
4 Tex. Admin. Code § 15.8 · read 2026-10-06
“To prevent undue deterioration, all packed eggs shall be stored under refrigeration at a temperature of 45 degrees Fahrenheit or less; provided, however, that any different temperature standard adopted by the United States Department of Agriculture or the United States Food and Drug Administration shall prevail.”
4 Tex. Admin. Code § 15.7 · read 2026-10-06
“Individuals who sell un-graded eggs from a personal flock to the end user. If you sell graded eggs from a personal flock, then you DO need an Egg License.”
Texas Department of Agriculture · read 2026-10-06
“Last Action: 05/27/2025 H Placed on General State Calendar”
capitol.texas.gov · read 2026-10-06
“may sell any quantity of ungraded eggs directly to consumers in this state and, subject to Subsections (d) and (e), up to 400 dozen ungraded eggs per week at wholesale in this state to: (1) restaurants; (2) grocery stores with 25,000 square feet or less of retail space;”
capitol.texas.gov · read 2026-10-06
What we couldn't confirm
- statutes.capitol.texas.gov now serves an Angular SPA; the static AG.132.htm/pdf URLs return the app shell, so statute text was taken from texas.public.law (secondary mirror, 'accessed May 26, 2025' per its own source line) rather than the official site. Sections quoted are unchanged since 1981–1995 per their history lines, so staleness risk is low, but official text was not directly verified.
- 4 TAC ch. 15 text taken from Cornell LII (quarterly mirror of the Texas Administrative Code, current through the 3/30/2023 amendments) because the Texas SOS TAC site moved to an Appian portal that does not render without JavaScript.
- 4 TAC 15.4 fee tables are 'Attached Graphic' images on LII; dealer-wholesaler fee amounts not captured (not needed for the exempt producer).
- The TAC 'sold directly to the consumer' language vs. the statute's silence on venue leaves wholesale/retail/restaurant sales of ungraded eggs legally unclear; flagged, not resolved. DSHS Texas Food Establishment Rules (approved-source requirements for restaurants) were not checked.
- Texas A&M AgriLife 'Selling Yard Eggs in Texas' (2022) publication body not retrieved (behind AgriLife Learn).
- TDA Egg Quality page carries no visible last-updated date.
- Texas A&M AgriLife Extension's 'Selling Yard Eggs in Texas' (Jan 25, 2022) exists but its text sits behind AgriLife Learn and was not read.
- Statute and rule quotes were first read on mirrors (texas.public.law, Cornell LII) and then checked against the official Texas Statutes site and the Secretary of State's TAC portal on 2026-10-06.
Other states
Legal in your state? Then keep the books.
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