State rules

Can you sell backyard eggs in New Hampshire?

Yes. No state license is needed. Under the egg law rewritten August 4, 2026, each carton must show your name, an address or website and a phone number; farmers' market sellers must also keep packed eggs at 45°F.

Read from 9 official sources25 passages quotedChecked October 7, 2026

At a glance

License

Not needed

Small-flock line

No number: farm stand & local

Farmers markets

With conditions

Cartons

Reuse with conditions

In plain English

New Hampshire's egg law (RSA 428:22 to 428:29) has no license or registration for egg producers. It was rewritten by House Bill 1186, in effect August 4, 2026. Producers who sell only from their home, their own farm store or stand, or to local stores and establishments must label their eggs, but are otherwise exempt from the egg subdivision, including its refrigeration and grading rules. The label must carry your business, farm or personal name, an address or website, and a phone number. Reused cartons are allowed if you tell customers the eggs are not graded and the size on the carton does not apply. Eggs need not be graded or sized, but any grade or size you claim must meet USDA standards, and ungraded or unsized eggs may not be packed in a way that suggests a grade or size. Sellers outside the exemption, such as at farmers' markets, must also hold packed eggs at 45°F or below (nest run eggs at 55°F). State rules (Agr 905) still say 'fresh', 'native' or 'new laid' may be used only for candled Grade A or AA eggs.

A sourced reading of New Hampshire's rules, not legal advice. Rules change; confirm with New Hampshire Department of Agriculture, Markets, and Food ((603) 271-3685) before you sell.

Do you need a license?

No license or registration for small direct salesNo number: farm stand & local
  • Sell only from your residence, your farm store or stand, or to local stores and establishments to stay within the exemption.RSA 428:24-a
  • Label every carton with your business, farm or personal name, an address or website, and a phone number.RSA 428:23, II
  • Follow truth-in-labeling standards.RSA 428:23, I
  • If you reuse cartons, tell customers the eggs are not graded and the size on the carton does not apply.RSA 428:23, III
  • Do not mark or pack ungraded or unsized eggs in a way that implies a grade or size; any grade or size claimed must meet USDA standards.RSA 428:23, V–VI
  • Use 'fresh', 'native', 'new laid' or similar words only for eggs candled and meeting USDA Grade A or AA.Agr 905.03
  • Outside the exemption (for example, farmers' markets): hold packed eggs at 45°F or below and nest run eggs at 55°F or below.RSA 428:24
The exact wording
“Producers who sell exclusively from their residence, farm store or stand, or to local stores and/or establishment shall label their eggs in accordance with RSA 428:23”

Where you can sell

From home or the farm

With conditions

No license. Sales from your home or your own farm store or stand need only the RSA 428:23 label: name, address or website, and phone number (RSA 428:24-a).

Farmers markets

With conditions

No state egg license, but farmers' markets are not named in the RSA 428:24-a exemption, so the full egg subdivision applies: labeling, 45°F for packed eggs (55°F for nest run eggs), and USDA standards for any grade or size claim. Your city or town health officer and the market may set their own vendor rules.

Stores and restaurants

With conditions

Selling to local stores and establishments is within the RSA 428:23 labeling-only exemption. Shipping to a distributor, dealer, wholesaler or retail chain makes you a 'commercial egg producer' outside the exemption (RSA 428:22, II), with the 45°F rule and USDA standards for any grade or size labels.

Also check with: Your city or town health officer (local food sales and farmers' market rules)

Cartons, labels and handling

Cartons

Reused cartons are allowed, with conditions.

“If a producer uses reused cartons, producers shall inform customers that the eggs inside are not graded and that the size indicated on the carton does not apply to the eggs being sold.”

Refrigeration

45°F or colder where the rule applies.

“All shell eggs sold, delivered or donated to consumers, retailers, food service facilities, dealers, or wholesalers shall be held at a maximum ambient temperature of 45°F immediately following packing.”

The label must show

  • Your business, farm or personal name
  • An address or website
  • A phone number
  • On reused cartons: tell customers the eggs are not graded and the printed size does not apply
  • Grade or size only if the eggs meet USDA standards

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

Grading

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

“Shell eggs that are not graded shall not include markings, labeling, be marketed or placed in packaging that implies grade.”

Washing

No washing rule was found. The law defines 'nest run' eggs as eggs collected before being washed, sized, graded and packaged, and requires them to be held at 55°F or below if sold outside the exemption (RSA 428:22, V; 428:24, II).

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

What changed recently

  1. 2026-08-04 · House Bill 1186 (Laws 2026, ch. 119), approved June 5, 2026, repealed and reenacted the egg-sale law (RSA 428:22 to 428:29) effective August 4, 2026: new labeling rules (name, address or website, phone; reused cartons; USDA standards for any grade or size claim), 45°F for packed eggs and 55°F for nest run eggs, and a labeling-only exemption for producers selling from home, a farm stand or to local stores. Source
  2. 2026-04-01 · The Department readopted its Agr 900 farm-product rules, including Part Agr 905 (Eggs: size marking and use of 'fresh'), effective April 1, 2026. Source

Common questions

Do I need a license to sell eggs from my backyard chickens in New Hampshire?
Yes. No state license is needed. Under the egg law rewritten August 4, 2026, each carton must show your name, an address or website and a phone number; farmers' market sellers must also keep packed eggs at 45°F. Small-flock line: no number: farm stand & local. The conditions, and the law they come from, are on this page.
Can I sell eggs at a farmers market in New Hampshire?
Allowed with conditions. No state egg license, but farmers' markets are not named in the RSA 428:24-a exemption, so the full egg subdivision applies: labeling, 45°F for packed eggs (55°F for nest run eggs), and USDA standards for any grade or size claim. Your city or town health officer and the market may set their own vendor rules. Also check with your city or town health officer (local food sales and farmers' market rules).
Can I reuse egg cartons in New Hampshire?
With conditions. The rule reads: "If a producer uses reused cartons, producers shall inform customers that the eggs inside are not graded and that the size indicated on the carton does not apply to the eggs being sold."
What has to be on the carton label in New Hampshire?
Your business, farm or personal name, An address or website, A phone number, On reused cartons: tell customers the eggs are not graded and the printed size does not apply, Grade or size only if the eggs meet USDA standards. The rule reads: "Every producer shall include their business, farm, or personal name, an address or website, and a phone number on any egg carton sold." The federal safe handling statement applies as well; our carton label maker prints all of it.
Do eggs I sell in New Hampshire have to be refrigerated?
Yes, at 45°F or colder. The rule reads: "All shell eggs sold, delivered or donated to consumers, retailers, food service facilities, dealers, or wholesalers shall be held at a maximum ambient temperature of 45°F immediately following packing."
Sources
Read the 25 passages this page is built on
  • “Producers who sell exclusively from their residence, farm store or stand, or to local stores and/or establishment shall label their eggs in accordance with RSA 428:23, but otherwise shall not be subject to RSA 428:22 through RSA 428:24 and RSA 428:25 through RSA 428:29.”

    RSA 428:24-a · read 2026-10-07

  • “Source. 2026, 119:1, eff. Aug. 4, 2026.”

    RSA 428:24-a · read 2026-10-07

  • “Every producer shall include their business, farm, or personal name, an address or website, and a phone number on any egg carton sold.”

    RSA 428:23 · read 2026-10-07

  • “All egg producers in this state shall follow truth-in-labeling standards.”

    RSA 428:23 · read 2026-10-07

  • “If a producer uses reused cartons, producers shall inform customers that the eggs inside are not graded and that the size indicated on the carton does not apply to the eggs being sold.”

    RSA 428:23 · read 2026-10-07

  • “The packaging of all shell eggs sold, delivered or donated to consumers, retailers, food service facilities, dealers, or wholesalers within the state shall identify the producer’s name and contact information.”

    gc.nh.gov · read 2026-10-07

  • “Shell eggs that are not sized shall not include markings, labeling, be marketed or placed in packaging that implies size.”

    RSA 428:23 · read 2026-10-07

  • “All eggs sold, delivered or donated to consumers, retailers, food service facilities, dealers, or wholesalers that are labeled or marketed as grades AA, A, or B via markings on individual shell eggs or packaging shall meet the United States Department of Agriculture standards for grades, determination methods and labeling.”

    RSA 428:23 · read 2026-10-07

  • “Shell eggs that are not graded shall not include markings, labeling, be marketed or placed in packaging that implies grade.”

    RSA 428:23 · read 2026-10-07

  • “All shell eggs sold, delivered or donated to consumers, retailers, food service facilities, dealers, or wholesalers shall be held at a maximum ambient temperature of 45°F immediately following packing.”

    gc.nh.gov · read 2026-10-07

  • “All nest run eggs to be sold, delivered or donated to consumers, retailers, food service facilities, dealers, or wholesalers shall be held at a maximum ambient temperature of 55°F immediately after collection.”

    gc.nh.gov · read 2026-10-07

  • “"Nest run egg" means shell eggs collected from hen houses, prior to being washed, sized, graded, and packaged for sale.”

    RSA 428:22, 428:25 to 428:29 · read 2026-10-07

  • “"Commercial egg producer" means any person who ships and/or sells eggs to a distributor, egg dealer, wholesaler, or retail chain.”

    RSA 428:22, 428:25 to 428:29 · read 2026-10-07

  • “No person, processor, packer, distributor/wholesaler, retailer or food service facility shall sell, deliver, donate or use shell eggs or packaging that do not meet the requirements of these regulations.”

    gc.nh.gov · read 2026-10-07

  • “The commissioner of agriculture, markets, and food shall have general authority to administer this subdivision and shall adopt rules, pursuant to RSA 541-A, for carrying out its provisions.”

    gc.nh.gov · read 2026-10-07

  • “This bill also requires egg producers who sell from their home or farmstand to label their eggs and exempts such egg producers from requirements for sorting, selling, and grading eggs.”

    gc.nh.gov · read 2026-10-07

  • “119:1 Definitions; Sale of Eggs. RSA 428:22-29 is repealed and reenacted to read as follows:”

    gc.nh.gov · read 2026-10-07

  • “Approved: June 05, 2026 Effective Date: August 04, 2026”

    gc.nh.gov · read 2026-10-07

  • “Size of all eggs for human consumption, which … containers, shall be plainly and conspicuously marked and identified with the … size or weight class, established by the U.S. Department of Agriculture (USDA),”

    N.H. Admin. Rules Agr 905 · read 2026-10-07

  • “The words “fresh”, “native”, … “hennery”, “nearby”, “new laid”, or any other words … shall … only be used on packaging or advertisement to sell, offer for sale, exchange, or distribute eggs that meet USDA Grade A or AA standards”

    N.H. Admin. Rules Agr 905 · read 2026-10-07

  • ““Eggs” means “eggs” as defined in RSA 428:22, IV,”

    N.H. Admin. Rules Agr 905 · read 2026-10-07

  • “Source. #14550, eff 4-1-26, EXPIRES: 4-1-36”

    N.H. Admin. Rules Agr 905 · read 2026-10-07

  • “It does not include establishments which handle only prepackaged, not potentially hazardous foods; roadside markets or farm stands; food service establishments; or food and beverage vending machines.”

    gc.nh.gov · read 2026-10-07

  • “The Department provides inspection services for farm products including apples, cider, eggs, honey, and maple.”

    New Hampshire Department of Agriculture, Markets, and Food · read 2026-10-07

  • “Questions regarding these programs: Please call (603) 271-3685”

    New Hampshire Department of Agriculture, Markets, and Food · read 2026-10-07

What we couldn't confirm
  • The law changed on August 4, 2026 and no current Department egg guidance was found: the old FAQ (agriculture.nh.gov/divisions/regulatory-services/faq-eggs.htm, which search snippets say described a 3,000-hen license line) now returns 'Page Not Found' on the redesigned site, and a site search for 'eggs' returns no egg guidance. The pre-2026 statute text was not read on an official site, so the record does not describe what the old law required.
  • Rule-statute mismatch: Agr 905 (effective April 1, 2026) cites the old numbering ('RSA 428:22, IV' for 'eggs', '428:22, III' for candling) and requires size marking on all eggs sold at retail or wholesale, while reenacted RSA 428:23, V lets unsized eggs be sold if nothing implies a size. The record follows the statute and flags Agr 905.03's 'fresh' rule as still on the books.
  • RSA 428:24-a's wording exempts sellers from RSA 428:22 through 428:24 (which includes 428:23) while requiring them to label under 428:23; the record reads it as labeling required, other rules not. 'Local stores and/or establishment' is not defined.
  • Farmers' markets are not named in the exemption; the record treats market sales as subject to the whole subdivision (no license, but 45°F/55°F). The Department has not published guidance on this point.
  • DHHS food licensing (RSA 143-A) for egg vendors at farmers' markets, and whether restaurants licensed by DHHS or local health officers may buy eggs from exempt producers, were not determined. RSA 143-A:3, VII excludes farm stands from 'retail food store'. UNH Extension's farmers' market checklist (secondary, pre-2026) mentioned 45°F and 'not sized' cartons.
  • The agriculture.nh.gov pages refuse scripted downloads (HTTP 403, Akamai); two quotes were read in a browser and listed in new-hampshire.blocked.json.

Selling across the state line?

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

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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.

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Legal in your state? Then keep the books.

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