State rules

Can you sell backyard eggs in Hawaii?

Yes, with a health department permit: Hawaii licenses any place selling food to the public, eggs included. Off the farm, eggs must be Grade B or better, labeled with grade, size and origin, and kept at 45°F.

Read from 11 official sources28 passages quotedChecked October 6, 2026

At a glance

License

License or permit

Small-flock line

None: health permit to sell

Farmers markets

License needed

Cartons

Not stated

In plain English

Hawaii has no small-flock exemption from permits. The Department of Health's food code says no one may operate a food establishment, meaning any place that stores or handles food for retail or wholesale distribution to the public, without a permit, and it lists farmers' markets as special events with their own short-term permits. The agriculture law adds a narrow carve-out: eggs of your own production sold at the place of production need not carry the grade, size and origin sign. Everywhere else, chicken eggs must be Grade B or better and labeled with origin ('Island'), grade, size, quantity and the packer's name and address; washed eggs are held at 45°F or below, and raw eggs carry safe handling instructions.

A sourced reading of Hawaii's rules, not legal advice. Rules change; confirm with Hawai‘i Department of Health (food permits) and Department of Agriculture and Biosecurity (egg grades and labels) before you sell.

Do you need a license?

License or permit requiredNone: health permit to sell
  • Get a Department of Health food establishment permit before selling food to the public; the permit runs one year.HAR § 11-50-3(a)
  • At a farmers' market, fair or other special event, a special event permit can cover the dates of operation, up to thirty-one days in a year.HAR §§ 11-50-2, 11-50-3(b)
  • Only your own eggs sold at the place of production skip the grade, size and origin sign or label.HRS § 147-75
  • Elsewhere: label with origin ('island' for Hawaii eggs), grade and size in letters at least 3/16 inch, the word 'eggs', net quantity in dozen or count, and the packer's name and place of business.HRS §§ 147-75, 147-77; HAR § 4-46-5
  • Chicken eggs must be Grade B or better; selling eggs below consumer grade B needs a permit from the agriculture department.HAR § 4-46-6(c)
  • Keep washed eggs at an ambient temperature no greater than 45°F.HAR § 4-46-7
  • Label raw eggs with safe handling instructions.HAR § 11-50-31(a)(7)
  • Selling to a retailer: give an invoice with the exact grade and size and keep a copy thirty days.HRS § 147-78
The exact wording
“other than those of the person's own production at the place of production”

Where you can sell

From home or the farm

License needed

Your own eggs sold at the place of production are spared the grade, size and origin labeling (HRS § 147-75), but the health code's permit rule has no exemption for eggs (HAR § 11-50-3). A 2017 Department of Health memo to small egg farmers (seen only as a university-hosted copy) says operations under 3,000 hens need a food establishment permit, annual or temporary, even when selling straight to consumers.

Farmers markets

License needed

Needs a Department of Health permit; farmers' markets are 'special events' under HAR § 11-50-2, eligible for a special event permit (the fee table lists a $25 'Farmers Value Added' category). Eggs must carry grade, size and origin labels, be Grade B or better and kept at 45°F, with safe handling instructions on the carton or a sign.

Stores and restaurants

License needed

Wholesale distribution needs an annual food establishment permit. Restaurants count as 'consumers' under HRS § 147-71, so grade, size and origin labels apply; buyers must receive eggs clean, sound, within U.S. Consumer Grade B tolerances and at 45°F (HAR § 11-50-31(h), (j)). Sales to a retailer need an invoice showing grade and size (HRS § 147-78).

Also check with: Hawai‘i Department of Health, Food Safety Branch (food establishment and special event permits)

Cartons, labels and handling

Cartons

The sources we read don't set a carton rule.

No rule on reusing egg cartons was found. HAR § 4-46-5(f) says incorrect label information must be 'obliterated and replaced with the correct statements of fact', which a reused carton would need.

Refrigeration

45°F or colder where the rule applies.

“Any person storing, transporting or … selling shell eggs for human consumption that have been washed, shall keep such eggs at an ambient temperature of no greater than forty-five degrees fahrenheit, except when the eggs are being candled or graded.”

The label must show

  • Origin ('Island' for eggs produced in Hawaii)
  • Grade
  • Size or weight class
  • The word 'eggs'
  • Net quantity (dozen or count)
  • Packer or distributor name and place of business (cartons)
  • Shell treated, if applicable
  • Safe handling instructions
  • Grade, size and origin in letters at least 3/16 inch (1/2 inch on bulk signs)

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

Grading

Ungraded sales are allowed only in some cases.

“other than those of the person's own production at the place of production … SHELL EGGS (chicken) sold in Hawaii shall be: GRADE B or better (Grade AA, A, or B).”

Washing

No washing rule was found in the statute or rules read. HAR § 4-46-7 sets 45°F for eggs 'that have been washed', and the 2017 health department memo (university-hosted copy) tells small farms to wash in potable water, then cool and hold at or below 45°F.

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

What changed recently

  1. 2025-08-24 · The Department of Health amended and compiled the food safety code, HAR chapter 11-50 (adopting the 2022 FDA Food Code), including the permit, egg labeling and egg receiving sections used here. Source
  2. 2025-07-01 · Act 236 (2025) renamed the Hawai‘i Department of Agriculture the Department of Agriculture and Biosecurity; the egg law in HRS chapter 147, part V now names the new department. Source

Common questions

Do I need a license to sell eggs from my backyard chickens in Hawaii?
Yes, with a health department permit: Hawaii licenses any place selling food to the public, eggs included. Off the farm, eggs must be Grade B or better, labeled with grade, size and origin, and kept at 45°F. Small-flock line: none: health permit to sell. The conditions, and the law they come from, are on this page.
Can I sell eggs at a farmers market in Hawaii?
Needs a license or isn't exempt. Needs a Department of Health permit; farmers' markets are 'special events' under HAR § 11-50-2, eligible for a special event permit (the fee table lists a $25 'Farmers Value Added' category). Eggs must carry grade, size and origin labels, be Grade B or better and kept at 45°F, with safe handling instructions on the carton or a sign. Also check with Hawai‘i Department of Health, Food Safety Branch (food establishment and special event permits).
Can I reuse egg cartons in Hawaii?
The sources we read do not say; ask the state agriculture department before reusing cartons for eggs you sell.
What has to be on the carton label in Hawaii?
Origin ('Island' for eggs produced in Hawaii), Grade, Size or weight class, The word 'eggs', Net quantity (dozen or count), Packer or distributor name and place of business (cartons), Shell treated, if applicable, Safe handling instructions, Grade, size and origin in letters at least 3/16 inch (1/2 inch on bulk signs). The rule reads: "The designation of origin, grade, and size of shell eggs shall be: (1) Marked on containers; (2) Plainly and conspicuously printed on the principal display panel; and (3) In type size of not less than 3/16 inch in height." The federal safe handling statement applies as well; our carton label maker prints all of it.
Do eggs I sell in Hawaii have to be refrigerated?
Yes, at 45°F or colder. The rule reads: "Any person storing, transporting or … selling shell eggs for human consumption that have been washed, shall keep such eggs at an ambient temperature of no greater than forty-five degrees fahrenheit, except when the eggs are being candled or graded."
Sources
Read the 28 passages this page is built on
  • “It shall be unlawful for any person to sell, or offer to sell, or expose for sale to a consumer, any eggs, other than those of the person's own production at the place of production, intended for human consumption, without notifying, by suitable sign or label, the person purchasing or intending to purchase the same”

    HRS § 147-75 · read 2026-10-06

  • “whether the same are imported from the mainland United States or foreign countries or of island production, and the exact grade or quality and the size or weight of the eggs, according to the standards prescribed by the department of agriculture and biosecurity. The word "island" shall be used to designate the geographic origin of eggs produced in this State.”

    HRS § 147-75 · read 2026-10-06

  • “am L 2017, c 13, §1 ; am L 2025, c 236, §17]”

    HRS § 147-75 · read 2026-10-06

  • “"Consumer" means any person purchasing eggs for the person's own family use or consumption, or a restaurant, hotel, boarding house, bakery, or other institution purchasing eggs for serving to guests or patrons”

    HRS § 147-71 · read 2026-10-06

  • “It shall be unlawful to advertise in newspaper or by sign, handbill, placard, or otherwise, the price at which eggs are offered for sale without plainly indicating in conjunction with price, the full and correct designation of grade, size of the eggs”

    data.capitol.hawaii.gov · read 2026-10-06

  • “Every person, in selling eggs to a retailer, shall furnish to the retailer an invoice showing the exact grade or quality and the size or weight of the eggs”

    data.capitol.hawaii.gov · read 2026-10-06

  • “No person shall sell, or offer to sell, or expose for sale, any eggs unfit for human food unless they are broken in shell and then denatured so that they cannot be used for human food.”

    data.capitol.hawaii.gov · read 2026-10-06

  • “Every person who violates this part shall be fined not more than $1,000 or imprisoned not more than one year, or both.”

    HRS §§ 147-79, 147-80 · read 2026-10-06

  • “The designation of origin, grade, and size of shell eggs shall be: (1) Marked on containers; (2) Plainly and conspicuously printed on the principal display panel; and (3) In type size of not less than 3/16 inch in height.”

    HAR chapter 4-46 (Standards for Shell Eggs) · read 2026-10-06

  • “The name and place of business of the packer or distributor shall be prominently designated on the principal display panel. The designation shall be preceded by the words "produced and packed by", "packed by", "distributed by", or any other wording that expresses the facts.”

    HAR chapter 4-46 (Standards for Shell Eggs) · read 2026-10-06

  • “The declaration of net quantity shall appear as a distinct item on … the principal display panel and shall be expressed in dozen or count.”

    HAR chapter 4-46 (Standards for Shell Eggs) · read 2026-10-06

  • “Information on labels, signs, or placards required under this section which are determined to be incorrect shall be obliterated and replaced with the correct statements of fact.”

    HAR chapter 4-46 (Standards for Shell Eggs) · read 2026-10-06

  • “Shell eggs below the standard of consumer grade B shall not be sold, offered for sale, or advertised for sale for human consumption without first obtaining a permit from the department.”

    HAR chapter 4-46 (Standards for Shell Eggs) · read 2026-10-06

  • “Any person storing, transporting or … selling shell eggs for human consumption that have been washed, shall keep such eggs at an ambient temperature of no greater than forty-five degrees fahrenheit, except when the eggs are being candled or graded.”

    HAR chapter 4-46 (Standards for Shell Eggs) · read 2026-10-06

  • “UNOFFICIALCompiled October 5, 2002, to include all amendments to date.”

    HAR chapter 4-46 (Standards for Shell Eggs) · read 2026-10-06

  • “SHELL EGGS (chicken) sold in Hawaii shall be: GRADE B or better (Grade AA, A, or B).”

    dab.hawaii.gov · read 2026-10-06

  • “PROPERLY LABELED (cartons or loose pack) to indicate: 1. Origin (Island, Mainland, etc.)*”

    dab.hawaii.gov · read 2026-10-06

  • “REFRIGERATED at 45° F or lower.”

    dab.hawaii.gov · read 2026-10-06

  • “Carton eggs must also indicate packer or distributor and address.”

    dab.hawaii.gov · read 2026-10-06

  • “No person may operate a food establishment without a valid permit issued by the director, which shall remain valid for one year from the date of issuance”

    HAR chapter 11-50 (Food Safety Code), §§ 11-50-2, 11-50-3, 11-50-31 · read 2026-10-06

  • “Any place or portion thereof, maintained, used, or operated for the purpose of storing, preparing, serving, manufacturing, packaging, transporting, or otherwise handling food for distribution at retail or wholesale to the public”

    HAR chapter 11-50 (Food Safety Code), §§ 11-50-2, 11-50-3, 11-50-31 · read 2026-10-06

  • “"Special event" means a planned activity where food is distributed to the public with or without charge at a single specified location held indoors or outdoors, on public or privately owned property, and may include a sporting event, carnival, fairs, farmer's markets”

    HAR chapter 11-50 (Food Safety Code), §§ 11-50-2, 11-50-3, 11-50-31 · read 2026-10-06

  • “Eggs that have not been specifically treated to destroy all viable Salmonellae shall be labeled to include safe handling instructions as specified in law, including 21 CFR 101.17(h).”

    HAR chapter 11-50 (Food Safety Code), §§ 11-50-2, 11-50-3, 11-50-31 · read 2026-10-06

  • “Raw eggs shall be received in refrigerated equipment that maintains an ambient air temperature of forty-five degrees Fahrenheit or less”

    HAR chapter 11-50 (Food Safety Code), §§ 11-50-2, 11-50-3, 11-50-31 · read 2026-10-06

  • “Eggs shall be received clean and sound and may not exceed the restricted egg tolerances for U.S. Consumer”

    HAR chapter 11-50 (Food Safety Code), §§ 11-50-2, 11-50-3, 11-50-31 · read 2026-10-06

  • “Amendment and Compilation of Chapter 11-50 Hawaii Administrative Rules July 10, 2025”

    HAR chapter 11-50 (Food Safety Code), §§ 11-50-2, 11-50-3, 11-50-31 · read 2026-10-06

  • “The Governor signed into law Act 236 on June 27, which among other provisions, renames the Hawai‘i Department of Agriculture to the Department of Agriculture & Biosecurity (DAB) and the Hawai‘i Board of Agriculture to the Board of Agriculture & Biosecurity (BAB). The name changes became effective July 1”

    dab.hawaii.gov · read 2026-10-06

  • “the activities of the Hawai‘i Department of Agriculture and Biosecurity’s Quality Assurance Division looks after the interests of the consumer by inspecting and grading commodities in wholesale and retail establishments”

    dab.hawaii.gov · read 2026-10-06

What we couldn't confirm
  • The clearest statement that small egg farms need a health permit, including for direct sales, is a Department of Health Sanitation Branch memo dated May 9, 2017 ('Sale of raw shell eggs from small egg farms exempted from USDA approval - REVISED'), found only on a University of Hawaii CTAHR page (ctahr.hawaii.edu), so it is not quoted. The verdicts rest on the general permit rule in HAR § 11-50-3(a); no current DOH page on eggs was found on health.hawaii.gov.
  • HAR chapter 4-46 was read from DAB's PDF marked 'UNOFFICIAL Compiled October 5, 2002'; later amendments, if any, were not checked. DAB's egg labeling sheet is dated 10/02 and still names the old department and phone numbers, so no phone is given.
  • Whether an on-farm sale of your own eggs needs the permit was not confirmed in a current DOH source; county or island DOH offices may differ in practice.
  • HRS chapter 147 was read on data.capitol.hawaii.gov; www.capitol.hawaii.gov returned a Cloudflare block (HTTP 403) to scripted requests.
  • The 3,000-hen figure appears only in the 2017 DOH memo (federal FDA/USDA thresholds); Hawaii law sets no flock-size line.
  • Egg cage-free bills (SB 346, 2022; HB 1293, 2023) were seen; no record of enactment found; not relevant to small flocks.

Other states

ALAKAZARCACOCTDEFLGAHIIDILINIAKSKYLAMEMDMAMIMNMSMOMTNENVNHNJNMNYNCNDOHOKORPARISCSDTNTXUTVTVAWAWVWIWY
No license for small salesDepends how you sellRegistration or licenseNot stated or rechecking

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