State rules

Can you sell backyard eggs in Montana?

Yes. Selling your own eggs at your farm or a farmers' market needs no state license. Selling to grocery stores, cafes or restaurants needs a $5 Department of Livestock egg grading license.

Read from 9 official sources27 passages quotedChecked October 7, 2026

At a glance

License

Depends how you sell

Small-flock line

No number: farm or market sales

Farmers markets

With conditions

Cartons

Reuse with conditions

In plain English

Montana sets no hen count in its egg law. The grade-marking part of the law 'does not affect' a producer who sells to consumers at the place of production or at a farmer's market, and Montana defines a farmer's market to include the farm itself and a food stand the farmer runs as well as an organized market authorized by the city or county. The Department of Livestock says selling backyard eggs to friends and neighbors from your farm or home needs no license. The health department (DPHHS) adds, for farms with 3,000 laying hens or fewer selling direct, that no DPHHS license, inspection or grading is needed, but eggs must be kept at 45°F or colder and cartons may not carry another firm's information; at a farmers' market cartons must be clean and eggs clean and free of cracks. Selling to grocery stores, cafes, restaurants or other retailers is different: you need a Department of Livestock egg grading (candling) license, $5 a year, and eggs must be graded, kept at 45°F, and packed in new cartons labeled with grade, size and your license number.

A sourced reading of Montana's rules, not legal advice. Rules change; confirm with Montana Department of Livestock (DOL) ((406) 444-5202) before you sell.

Do you need a license?

Depends on how and how much you sellNo number: farm or market sales
  • Sell eggs you produced.MCA 81-20-206
  • Sell direct to the consumer at the place of production or at a farmer's market, which includes a farm premises, a food stand owned and operated by a farmer, or an organized market authorized by the city or county.MCA 81-20-206; MCA 50-50-102(8)
  • Keep eggs at 45°F or lower.DPHHS Guidance for Selling Farm Fresh Eggs
  • On the farm, do not use cartons carrying another firm's information; DPHHS's no-license statement for on-farm sales is for farms with 3,000 laying hens or fewer.DPHHS Guidance for Selling Farm Fresh Eggs
  • At a farmers' market, cartons must be clean and eggs clean and free of cracks.DPHHS Guidance for Selling Farm Fresh Eggs
  • Cracked ('checked') eggs may not be sold to restaurants, cafes, schools, nursing homes or similar institutions.ARM 32.12.105(1)
  • Selling to grocery stores, cafes or restaurants: Department of Livestock egg grading license ($5, valid April 1 to March 31), graded eggs (B or better), 45°F, new cartons labeled with name and address, eggs, quantity, grade, size, license number and safe handling instructions.ARM 32.12.1002; DOL Shell Egg Licensing Information
  • Reselling eggs bought from other producers, more than 25 cases (30 dozen each) a month: wholesale egg dealer's license.MCA 81-20-201
The exact wording
“This part does not affect the sale of eggs by a producer when the consumer purchases the eggs at the place of production or at a farmer's market as defined in 50-50-102”

Where you can sell

From home or the farm

With conditions

Outside the egg grading law when the consumer buys at the place of production (MCA 81-20-206), and the Department of Livestock says no license is needed to sell backyard eggs from your farm or home. DPHHS asks for 45°F storage and no cartons carrying another firm's information.

Farmers markets

With conditions

Also outside the grading law at a farmer's market (MCA 81-20-206), and a seller of whole shell eggs at a farmers' market or food stand is not a retail food establishment (MCA 50-50-102). DPHHS requires 45°F, clean cartons and clean, uncracked eggs. The market itself must be authorized by the city or county, which may set its own conditions.

Stores and restaurants

License needed

Grocery stores, cafes and restaurants need graded eggs: the Department of Livestock requires an egg grading (candling) license, $5 a year, an inspection and candling test by your district sanitarian, new labeled cartons and 45°F storage and transport. DPHHS says retailers may accept only eggs graded B or better, clean, unbroken and received at 45°F.

Also check with: Your county or city (farmers' market authorization) and your district state sanitarian at the Department of Livestock

Cartons, labels and handling

Cartons

Reused cartons are allowed, with conditions.

“Containers with information for other firms is prohibited. … Containers (egg cartons) must be clean. … New cartons properly labeled (stored in a clean and dry area off the floor)”

Refrigeration

45°F or colder where the rule applies.

“Eggs must be stored at 45º F or lower.”

The label must show

  • Farm and farmers' market sales: none required; DPHHS recommends your name and address as a best practice
  • Retail (licensed): name and address of the farm, 'eggs', quantity, grade, size, grader's license number
  • Retail (licensed): the boxed safe handling instructions statement

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

Grading

Ungraded sales are allowed only in some cases.

“If farm has 3,000 laying hens or fewer, no license is required from DPHHS, inspection from Department of Livestock is not required, and egg grading is not required. … they must be graded B or better”

Washing

No washing rule for exempt farm or market sellers was found beyond DPHHS's 'clean' eggs at farmers' markets. Licensed graders must wash in water at least 20°F warmer than the egg and at least 90°F, never soaking the eggs (DOL Shell Egg Licensing Information).

Federal rules apply on top of Montana'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 Montana?
Yes. Selling your own eggs at your farm or a farmers' market needs no state license. Selling to grocery stores, cafes or restaurants needs a $5 Department of Livestock egg grading license. Small-flock line: no number: farm or market sales. The conditions, and the law they come from, are on this page.
Can I sell eggs at a farmers market in Montana?
Allowed with conditions. Also outside the grading law at a farmer's market (MCA 81-20-206), and a seller of whole shell eggs at a farmers' market or food stand is not a retail food establishment (MCA 50-50-102). DPHHS requires 45°F, clean cartons and clean, uncracked eggs. The market itself must be authorized by the city or county, which may set its own conditions. Also check with your county or city (farmers' market authorization) and your district state sanitarian at the Department of Livestock.
Can I reuse egg cartons in Montana?
With conditions. The rule reads: "Containers with information for other firms is prohibited. … Containers (egg cartons) must be clean. … New cartons properly labeled (stored in a clean and dry area off the floor)"
What has to be on the carton label in Montana?
Farm and farmers' market sales: none required; DPHHS recommends your name and address as a best practice, Retail (licensed): name and address of the farm, 'eggs', quantity, grade, size, grader's license number, Retail (licensed): the boxed safe handling instructions statement. The rule reads: "All cartons must have name and address of business (farm)*, identity (eggs), quantity, grade, size, grader’s license number, and the following statement:" The federal safe handling statement applies as well; our carton label maker prints all of it.
Do eggs I sell in Montana have to be refrigerated?
Yes, at 45°F or colder. The rule reads: "Eggs must be stored at 45º F or lower."
Sources
Read the 27 passages this page is built on
  • “This part does not affect the sale of eggs by a producer when the consumer purchases the eggs at the place of production or at a farmer's market as defined in 50-50-102”

    MCA 81-20-206 · read 2026-10-07

  • “It is unlawful for a person to sell, offer, or expose for sale at wholesale or retail any eggs for human consumption without notifying the person purchasing or intending to purchase the eggs of the exact grade or quality and size or weight of the eggs”

    MCA 81-20-206 · read 2026-10-07

  • “amd. Sec. 2, Ch. 94, L. 2013.”

    MCA 81-20-206 · read 2026-10-07

  • “"Farmer's market" means a farm premises, a food stand owned and operated by a farmer, or an organized market authorized by the appropriate municipal or county authority under 7-21-3301”

    MCA 50-50-102(8), (24)(c)(xiv) · read 2026-10-07

  • “persons who sell or serve at a farmer's market or a food stand whole shell eggs, hot coffee, hot tea, homemade food or a homemade food product pursuant to Title 50, chapter 49, or other food not meeting the definition of potentially hazardous, as authorized by the appropriate municipal or county authority”

    MCA 50-50-102(8), (24)(c)(xiv) · read 2026-10-07

  • “A person may not buy, sell, or deal in eggs without first obtaining a wholesale egg dealer's license from the department for each establishment at which business is conducted.”

    MCA 81-20-201 · read 2026-10-07

  • “A person buying, selling, or dealing in eggs, a major portion of which are produced by the person's own fowl or in amounts less than an average of 25 cases a month over a 12-month period, is exempt from the requirements of this section.”

    MCA 81-20-201 · read 2026-10-07

  • “Wholesale and retail dealers who handle more than an average of 25 cases of eggs a month over a 12-month period and who are supplying eggs to consumers shall sell only eggs candled by or under the supervision of experienced and licensed graders.”

    MCA 81-20-201 · read 2026-10-07

  • “If you are simply selling eggs from your backyard flock to friends and neighbors, directly from your farm or home -- good news - no license is needed! If, however, you want to sell your eggs at retail (i.e., a grocery store, cafe, etc.) then you need an egg grading license.”

    Montana Department of Livestock (DOL) · read 2026-10-07

  • “If you are selling more than 25 cases (30 dozen/case) a month that you have purchased from a shell egg producer, then you require an egg dealer license.”

    Montana Department of Livestock (DOL) · read 2026-10-07

  • “If you will have >3000 birds or are a grading station packing 25 cases per month, follow the link below to register for the USDA Shell Egg Surveillance Program”

    Montana Department of Livestock (DOL) · read 2026-10-07

  • “Meat, Milk, and Egg Inspection Bureau PO Box 202001 Helena, Montana 59620-2001 Phone: (406) 444-5202”

    Montana Department of Livestock (DOL) · read 2026-10-07

  • “Egg Candling/Grading licenses are issued by the Department of Livestock, Milk and Egg Bureau. The fee is $5.00, to be renewed annually (license is valid April 1 through March 31).”

    Montana Department of Livestock (DOL) · read 2026-10-07

  • “New cartons properly labeled (stored in a clean and dry area off the floor) … Dedicated refrigerator at farm ≤45°F”

    Montana Department of Livestock (DOL) · read 2026-10-07

  • “Submit label to your Sanitarian for review prior to retail sale of eggs. All cartons must have name and address of business (farm)*, identity (eggs), quantity, grade, size, grader’s license number, and the following statement:”

    Montana Department of Livestock (DOL) · read 2026-10-07

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

    Montana Department of Livestock (DOL) · read 2026-10-07

  • “The wash water must be at least 20°F greater than the interior temperature of the egg (otherwise water is pulled into the egg). Minimum wash temperature is 90°F and must have adequate air flow around eggs when drying. Never soak eggs in the wash water.”

    Montana Department of Livestock (DOL) · read 2026-10-07

  • “If farm has 3,000 laying hens or fewer, no license is required from DPHHS, inspection from Department of Livestock is not required, and egg grading is not required.”

    dphhs.mt.gov · read 2026-10-07

  • “Eggs must be stored at 45º F or lower. … Containers with information for other firms is prohibited.”

    dphhs.mt.gov · read 2026-10-07

  • “If I’m selling directly to consumers at a farmer’s market, what requirements are there? … Eggs must be stored at 45º F or lower. … Containers (egg cartons) must be clean. … Eggs must be clean and free of cracks.”

    dphhs.mt.gov · read 2026-10-07

  • “Best practices include not allowing eggs to come into direct contact with ice if stored in coolers. … Another best practice is labeling containers with the name and address of the vendor.”

    dphhs.mt.gov · read 2026-10-07

  • “This refers to the farmer selling the eggs through grocery stores, restaurants, hotels, schools, and other third-party retailers.”

    dphhs.mt.gov · read 2026-10-07

  • “A license is required through the Department of Livestock. … In order for retailers to accept eggs, they must be graded B or better, be in good condition (clean and unbroken), and be received at 45º F.”

    dphhs.mt.gov · read 2026-10-07

  • “version 02.25.19”

    dphhs.mt.gov · read 2026-10-07

  • “A $5.00 license fee, payable to the department of livestock, must accompany the completed application form.”

    rules.mt.gov · read 2026-10-07

  • “Checked shell eggs may not be sold on or off premises to hospitals, institutions, nursing homes, convalescent homes, retirement homes, schools”

    rules.mt.gov · read 2026-10-07

  • “All eggs sold in consumer-size containers must be labeled in accordance with the Montana Food, Drug and Cosmetic Act and the Fair Packaging and Labeling Act as adopted and as may be amended.”

    rules.mt.gov · read 2026-10-07

What we couldn't confirm
  • Currency: the egg statutes were read in the Montana Code Annotated 2025 on leg.mt.gov (the edition after the 2025 session; the Legislature next meets in 2027). The last amendment to the egg part is 81-20-206 in 2013 (Ch. 94, L. 2013). Web searches found no 2025 bill amending Title 81 ch. 20; the Legislature's own bill search was not scripted.
  • No hen count in statute: the 3,000-hen figure comes from the DPHHS guidance (version 02.25.19, signed under a former governor) and appears tied to on-farm sales; the statute's place-of-production and farmer's-market exemption has no size limit. The DOL page also uses 3,000 birds as the line for USDA shell egg surveillance.
  • The statutory basis for requiring a grading license of a small producer who sells to a store or restaurant is not spelled out: 81-20-201 licenses dealers and graders, and 81-20-206 requires grade and size on eggs sold at wholesale or retail. The DOL page and DPHHS guidance both say a DOL license is needed; this record follows them.
  • Whether ARM 32.12 labeling (32.12.102, consumer-size containers labeled under the Montana Food, Drug and Cosmetic Act) applies to exempt farm and market sales is not stated; 81-20-206 says 'this part' does not affect those sales, and the DPHHS guidance asks only for clean cartons without other firms' information.
  • The DPHHS guidance dates from 2019 (version 02.25.19) and its DOL phone number is truncated ('(406) 44-9761'); its 45°F rule for farm and market sales was not traced to a current DPHHS rule in ARM Title 37.
  • Montana Local Food Choice Act (MCA 50-49-201 to 203, amended 2023 and 2025) exempts 'homemade food' sold directly to informed end consumers from listed licensing laws, but its list does not include Title 81 chapter 20 (eggs), and whether raw shell eggs count as 'homemade' food is not stated. Not relied on here.
  • County or city rules for farmers' markets (MCA 7-21-3301) were not researched.
  • The DOL Egg Section page shows no page date; the linked licensing information PDF is named for July 2026.

Selling across the state line?

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

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

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