State rules

Can you sell backyard eggs in Massachusetts?

Yes. No state license or permit is needed for farm-fresh eggs kept at 45°F or colder, at the farm or a farmers' market. Cartons must show the grade or 'not graded' and the size or 'not sized'.

Read from 12 official sources30 passages quotedChecked October 6, 2026

At a glance

License

Not needed

Small-flock line

No hen limit: eggs held at 45°F

Farmers markets

With conditions

Cartons

New only

In plain English

Massachusetts has no egg license or registration for small producers and no hen-count line in the sources read. Under the state Retail Food Code, a farm stand, farmers' market vendor, temporary event or mobile seller offering only farm fresh eggs (and other exempt farm products such as whole produce, honey and maple) needs no board of health permit as long as the eggs are stored and maintained at 45°F or less, and a farmer selling raw farm products, including eggs, at wholesale needs no state food processor license. The egg marketing rules still apply wherever you sell: every carton is marked with a grade (AA, A, B or 'not graded') in letters at least 3/8 inch high and with a size or 'not sized'; cracked or stained eggs may only be sold at the farm directly to household consumers; calling eggs 'farm fresh' or 'fresh' means they must meet the state's candling standard; and stores get an invoice with the grade and size. MDAR's backyard guidance adds clean unused cartons, the FDA safe handling statement, a packed-on or sell-by date, and holding eggs at 33-45°F, and tells sellers to check with their local board of health first. The 2016 cage-free law, as amended in 2021, covers hens kept for commercial egg production with no small-farm exception in the text read.

A sourced reading of Massachusetts's rules, not legal advice. Rules change; confirm with Massachusetts Department of Agricultural Resources (MDAR) ((617) 626-1798) before you sell.

Do you need a license?

No license or registration for small direct salesNo hen limit: eggs held at 45°F
  • Store and maintain the eggs at 45°F (7.2°C) or less; the permit exemptions for farm stands, mobile sales, temporary events and farmers' markets apply only to farm fresh eggs held that way.105 CMR 590.001(C), 590.010(B)-(D)
  • Offer only exempt products at a stand or market (whole uncut produce, unprocessed honey, pure maple products, farm fresh eggs); other foods need a board of health permit.105 CMR 590.010(D)(2)
  • Mark every container with the grade, AA, A, B or 'not graded', in letters not less than three-eighths of an inch high.M.G.L. c. 94, § 90D; 330 CMR 5.03(1)(a)
  • Show the size on the carton, or mark eggs unsorted as to size 'not sized'.M.G.L. c. 94, § 90B
  • Do not sell checks, stains, leakers or loss eggs as 'not graded'; edible eggs below Grade B may be sold only at the site of production directly to the household consumer, or for further processing.330 CMR 5.03(1)(b), (f)
  • Eggs described as 'farm fresh', 'fresh', 'strictly fresh', 'nearby' or 'native' must meet the candling specifications of § 90A.M.G.L. c. 94, §§ 90A, 90D
  • When selling to a retailer, provide an invoice identifying the seller, buyer, grade and size on delivery.330 CMR 5.03(1)(e)
  • Keep hens cage-free with at least 1.5 square feet of usable floor space per hen in single-level floor systems, or 1 square foot where hens have vertical space.St. 2016, c. 333, as amended by St. 2021, c. 108; 330 CMR 35.03-35.04
  • MDAR guidance: use clean unused cartons with the FDA safe handling statement and a packed-on or sell-by date, and include the producer's name, address and phone number.MDAR backyard egg guidance
The exact wording
“A Retail Food Code permit is not required for farms selling whole, uncut fresh fruits and vegetables, unprocessed honey, pure maple products, or farm fresh eggs which are stored and maintained at 45°F (7.2°C) or less.”

Where you can sell

From home or the farm

With conditions

No permit or license: a stand offering only farm fresh eggs (and other exempt farm products) stored at 45°F or below is not a food establishment under the Retail Food Code. Grade or 'not graded' and size or 'not sized' marking apply. Cracked or stained eggs may be sold here, and only here, packed separately and labeled as such.

Farmers markets

With conditions

State code: no board of health permit is required to sell farm fresh eggs stored and maintained at 45°F (7.2°C) or less from a public market or farmers' market (105 CMR 590.010(D)(1)). Keep eggs cold at the market and label grade and size. MDAR tells sellers to check with their local board of health before selling; local rules were not checked.

Stores and restaurants

With conditions

A farmer who produces and sells raw farm products, including eggs, at wholesale needs no state food processor or distributor license (M.G.L. c. 94, § 305C). Each delivery to a retailer needs an invoice with seller, buyer, grade and size (330 CMR 5.03(1)(e)). What a restaurant or store must ask of an egg supplier under the Food Code was not checked.

Also check with: Your local board of health

Cartons, labels and handling

Cartons

New cartons are required for eggs you sell.

“Eggs should be offered for sale in clean unused cartons that are labeled correctly. The FDA requires a safe handling statement to appear on the carton.”

Refrigeration

45°F or colder where the rule applies.

“Collected eggs must be held between 33°F and 45°F to decrease bacterial growth.”

The label must show

  • Grade: AA, A, B or 'not graded', in letters at least 3/8 inch high
  • Size (jumbo, extra large, large, medium, pullet or small, peewee) or 'not sized'
  • FDA safe handling statement
  • 'Packed on' or 'sell by' date (sell-by 30 days after packing), per MDAR guidance
  • Producer's name, address and phone number (MDAR guidance: 'should')
  • 'Cold storage eggs' if the eggs have been in cold storage
  • Cracked or stained eggs sold at the farm: packed separately and labeled as such

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. Massachusetts consumer grades are AA, A, B or 'not graded', and 'not graded' means eggs that have not been candled and are not inedible, loss or leakers (M.G.L. c. 94, § 90D; 330 CMR 5.03). MDAR notes many small producers label eggs 'Not Graded and Not Sized' ('Nest Run'). Known checks, stains and leakers may not be sold as 'not graded'; edible eggs below Grade B may be sold only at the site of production directly to household consumers.

Washing

MDAR's backyard guidance: clean eggs do not need to be washed. If you wash, never let eggs sit in water; water must keep moving across the shell and be at least 10°F warmer than the egg. Follow the instructions of any egg wash or sanitizer. If wash water comes from a private well, it must be tested for specific bacteria every six months and the results kept on file for inspection.

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

Common questions

Do I need a license to sell eggs from my backyard chickens in Massachusetts?
Yes. No state license or permit is needed for farm-fresh eggs kept at 45°F or colder, at the farm or a farmers' market. Cartons must show the grade or 'not graded' and the size or 'not sized'. Small-flock line: no hen limit: eggs held at 45°f. The conditions, and the law they come from, are on this page.
Can I sell eggs at a farmers market in Massachusetts?
Allowed with conditions. State code: no board of health permit is required to sell farm fresh eggs stored and maintained at 45°F (7.2°C) or less from a public market or farmers' market (105 CMR 590.010(D)(1)). Keep eggs cold at the market and label grade and size. MDAR tells sellers to check with their local board of health before selling; local rules were not checked. Also check with your local board of health.
Can I reuse egg cartons in Massachusetts?
No: Massachusetts requires new cartons for eggs you sell. The rule reads: "Eggs should be offered for sale in clean unused cartons that are labeled correctly. The FDA requires a safe handling statement to appear on the carton."
What has to be on the carton label in Massachusetts?
Grade: AA, A, B or 'not graded', in letters at least 3/8 inch high, Size (jumbo, extra large, large, medium, pullet or small, peewee) or 'not sized', FDA safe handling statement, 'Packed on' or 'sell by' date (sell-by 30 days after packing), per MDAR guidance, Producer's name, address and phone number (MDAR guidance: 'should'), 'Cold storage eggs' if the eggs have been in cold storage, Cracked or stained eggs sold at the farm: packed separately and labeled as such. The rule reads: "All eggs for sale at retail in the Commonwealth of Massachusetts shall be grade AA, A, B, or not graded and shall be in containers so marked or branded, with letters not less than three-eighths of an inch in height." The federal safe handling statement applies as well; our carton label maker prints all of it.
Do eggs I sell in Massachusetts have to be refrigerated?
Yes, at 45°F or colder. The rule reads: "Collected eggs must be held between 33°F and 45°F to decrease bacterial growth."
Sources
Read the 30 passages this page is built on
  • “A Retail Food Code permit is not required for farms selling whole, uncut fresh fruits and vegetables, unprocessed honey, pure maple products, or farm fresh eggs which are stored and maintained at 45°F (7.2°C) or less.”

    DPH/MDAR guidance: Guidance for Farms and Agricultural Businesses on Cottage Food and Other Food Sales (March 8, 2022) · read 2026-10-06

  • “For wholesale sellers of uncut fresh fruits and vegetables and farmers who produce and sell raw farm products at wholesale, including eggs, a Food Manufacturing Code permit is not required under MGL ch.94 s. 305C.”

    DPH/MDAR guidance: Guidance for Farms and Agricultural Businesses on Cottage Food and Other Food Sales (March 8, 2022) · read 2026-10-06

  • “No permit from the board of health is required to sell the following products from a public market or farmers market: … (d) Farm fresh eggs which are stored and maintained at 45°F (7.2°C) or less.”

    105 CMR 590.001(C), 590.010(B)-(D) · read 2026-10-06

  • “Except as specified 105 CMR 590.010(D)(1), a vendor at a public market or farmers market shall not sell or serve food unless it has been approved to do so and has obtained a valid permit from the board of health.”

    105 CMR 590.001(C), 590.010(B)-(D) · read 2026-10-06

  • “An operation stand that only offers whole, uncut fresh fruits and vegetables, unprocessed honey, pure maple products, or farm fresh eggs which are stored and maintained at 45°F (7.2°C) or below;”

    105 CMR 590.001(C), 590.010(B)-(D) · read 2026-10-06

  • “No permit from the board of health is required if a temporary food establishment only sells whole, uncut fresh fruits and vegetables, unprocessed honey, pure maple products, or farm fresh eggs which are stored and maintained at 45ºF (7.2ºC) or less.”

    105 CMR 590.001(C), 590.010(B)-(D) · read 2026-10-06

  • “Said license requirement shall not apply to any person who is a purveyor of fresh fruits and vegetables, a farmer who produces and sells raw farm products, including eggs,”

    M.G.L. c. 94, § 305C · read 2026-10-06

  • “All eggs for sale at retail in the Commonwealth of Massachusetts shall be grade AA, A, B, or not graded and shall be in containers so marked or branded, with letters not less than three-eighths of an inch in height.”

    330 CMR 5.03 · read 2026-10-06

  • “Any edible egg not conforming to Grades AA, A or B may only be: 1. Sold as a Check or Stain for further processing; or 2. Sold at the site-of-production directly from the producer to the household consumer.”

    330 CMR 5.03 · read 2026-10-06

  • “No Person shall sell any eggs to a retailer unless upon delivery, an invoice identifying the seller, buyer, grade and size of the eggs is provided to the retailer.”

    330 CMR 5.03 · read 2026-10-06

  • “No Person shall sell any Check, Stain, inedible egg, Loss or Leaker as "not graded."”

    330 CMR 5.03 · read 2026-10-06

  • “Not Graded. Not graded means any egg which has not been candled to determine if it meets the standard for grade AA, A or B and which is not inedible, a Loss or a Leaker.”

    330 CMR 5.03 · read 2026-10-06

  • “330 CMR 5.00: Poultry Date: 10/07/2016”

    Massachusetts Department of Agricultural Resources (MDAR) · read 2026-10-06

  • “The standards of quality for the Massachusetts consumers grades of shell eggs shall be grade ''AA'', ''A'', ''B'' or ''not graded.'' … Eggs described as ''farm fresh eggs'', ''fresh eggs'', ''strictly fresh eggs'', ''nearby eggs'', or ''native eggs'' or eggs described with words of similar import shall meet the specifications of section ninety A.”

    M.G.L. c. 94, § 90D · read 2026-10-06

  • “No person shall sell, or offer or expose for sale, eggs unless the carton or other container thereof contains or bears a proper designation or description relating to the size of such eggs”

    M.G.L. c. 94, § 90B · read 2026-10-06

  • “nor shall they apply to the sale, or offering or exposing for sale, of eggs unsorted as to size, if the cartons or other containers thereof are plainly and conspicuously marked and identified as ''not sized''”

    M.G.L. c. 94, § 90B · read 2026-10-06

  • “(1) the shell shall be clean and sound, (2) the air cell shall be not more than one quarter inch in depth and shall be localized and regular in outline, (3) the white shall be firm and clear,”

    M.G.L. c. 94, § 90A · read 2026-10-06

  • “Whenever eggs which have been in cold storage are sold at wholesale or retail, or offered or exposed for sale, the basket, box or other container in which the eggs are placed shall be marked plainly and conspicuously with the words ''cold storage eggs''”

    malegislature.gov · read 2026-10-06

  • “Should your egg production exceed your personal needs, selling fresh eggs to the public is an option. Before selling any eggs, make sure to check with your local Board of Health.”

    MDAR guidance: Safe Egg Handling for Backyard Egg Producers · read 2026-10-06

  • “Broken and cracked eggs should be removed from those being offered for sale. Cracked and stained eggs may be sold from the property where produced, when packed separately and labeled as such.”

    MDAR guidance: Safe Egg Handling for Backyard Egg Producers · read 2026-10-06

  • “If you need to wash eggs, do not allow the eggs to sit in water. Water must move across the surface of the shell at all times. The water must be at least 10°F warmer than the egg; otherwise bacteria may be pulled through the shell into the egg.”

    MDAR guidance: Safe Egg Handling for Backyard Egg Producers · read 2026-10-06

  • “If the wash water comes from a private well the water must be tested every six months for specific bacteria. These test results must be kept on file for inspection.”

    MDAR guidance: Safe Egg Handling for Backyard Egg Producers · read 2026-10-06

  • “Collected eggs must be held between 33°F and 45°F to decrease bacterial growth.”

    MDAR guidance: Safe Egg Handling for Backyard Egg Producers · read 2026-10-06

  • “Eggs should be offered for sale in clean unused cartons that are labeled correctly. The FDA requires a safe handling statement to appear on the carton.”

    MDAR guidance: Safe Egg Handling for Backyard Egg Producers · read 2026-10-06

  • “The “packed on” or “sell by date” must also be printed on the end of the carton. The “sell by date” would be 30 days after the packing date. The description of the eggs packed in the carton must be printed on the carton in letters 3/16th of an inch or larger. The producer’s name, address, and phone number should also be included.”

    MDAR guidance: Safe Egg Handling for Backyard Egg Producers · read 2026-10-06

  • “Many small producers choose to identify their eggs as “Not Graded and Not Sized”. “Not Graded and Not Sized” (also referred to as “Nest Run”), means that you have not candled or weighed the eggs and are packing them without sorting in any way.”

    MDAR guidance: Safe Egg Handling for Backyard Egg Producers · read 2026-10-06

  • “For more information please contact the Division of Animal Health at (617) 626-1798”

    MDAR guidance: Safe Egg Handling for Backyard Egg Producers · read 2026-10-06

  • “(ii) an egg-laying hen in an enclosure other than a cage-free housing system or with less than: … (B) 1.5 square feet of usable floor space per hen in single-level, all-litter floor cage-free housing systems”

    St. 2016, c. 333, as amended by St. 2021, c. 108 · read 2026-10-06

  • ““Egg-laying hen”, any female domesticated chicken, turkey, duck, goose or guinea fowl kept for the purpose of commercial egg production.”

    St. 2016, c. 333, as amended by St. 2021, c. 108 · read 2026-10-06

  • “It is a violation of St. 2021, c. 108, and 330 CMR 35.00 for a Business Owner or Operator to knowingly engage in the Sale within Massachusetts of any: … (a) Shell Egg or other Egg Products that the Business Owner or Operator knows or should know is the product of a Covered Animal that was Confined in a Cruel Manner;”

    330 CMR 35.00 · read 2026-10-06

What we couldn't confirm
  • No hen-count threshold appears in any Massachusetts source read; the state rules turn on how eggs are held (45°F) and labeled, not flock size. Federal rules for flocks of 3,000 or more hens (FDA 21 CFR 118, USDA shell egg surveillance) were not fetched.
  • Cartons: MDAR's backyard guidance says eggs 'should be offered for sale in clean unused cartons'; no statute or regulation read bans reusing cartons. The record shows MDAR's guidance (new cartons) as the working answer.
  • Lettering conflict: M.G.L. c. 94 § 90D and 330 CMR 5.03(1)(a) require grade marking in letters at least 3/8 inch; MDAR's guidance says the description must be at least 3/16 inch. The statute's 3/8 inch is the safer reading.
  • Local boards of health: the state code exempts farm fresh eggs held at 45°F from board of health permits at stands, markets, temporary events and mobile sales, but MDAR tells sellers to check with their local board first. Local regulations (out of scope) were not checked.
  • Restaurants and stores: what the Retail Food Code (2013 FDA Food Code as adopted by 105 CMR 590) requires a buyer to get from an egg supplier, such as 'approved source' or Grade B minimum rules, was not read.
  • Cage-free law scope: St. 2016, c. 333 as amended by St. 2021, c. 108 and 330 CMR 35.00 apply to hens 'kept for the purpose of commercial egg production' on a 'farm' used for commercial production; no small-flock exemption appears in the text, but no MDAR guidance on backyard sellers was found. Certification under 330 CMR 35.05 is written as optional ('may Certify'); buyers may ask for one.
  • Dates: 330 CMR 5.00 page dated 10/07/2016; 105 CMR 590.000 page dated 10/05/2018 (Mass. Register #1375); 330 CMR 35.00 dated 06/10/2022; DPH farm sales guidance dated March 8, 2022. MDAR's backyard egg sheet is undated and links to an old MDAR web address. The malegislature.gov section pages show no history or 'current through' date.
  • Recent changes: no 2023-2026 change to the egg statutes or regulations found. The cage-free amendment (St. 2021, c. 108, approved December 22, 2021, main sections effective January 1, 2022) and 330 CMR 35.00 (June 10, 2022) predate 2023. A malegislature.gov bill search for 'eggs' (193rd session) showed no bill amending c. 94 §§ 90A-90D; the 194th-session (2025-2026) search returned no results, so pending bills were not confirmed.

Selling across the state line?

The rules change at the border. Here's where Massachusetts's neighbors draw the line.

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

Every state, one map

Colored by the small-flock license rule. Tap a state to read it, or compare them all side by side.

Compare every state →

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