State rules

Can you sell backyard eggs in New Jersey?

Yes. New Jersey sets no egg license for producers, but every carton must show the grade, size, the word 'eggs', the count and your name and address. Flocks of 3,000 or fewer birds are asked to register.

Read from 5 official sources31 passages quotedChecked October 7, 2026

At a glance

License

Depends how you sell

Small-flock line

None in state law

Farmers markets

With conditions

Cartons

Reuse with conditions

In plain English

New Jersey's egg law (N.J.S.A. 4:3-11.10 and following) applies to anyone, producers included, who sells or gives eggs to consumers, restaurants or stores, and it has no small-flock exemption and no license. Every container must show the grade, the size-weight class, the word 'eggs', the count, and the packer's name and address, with grade and size in bold letters at least 3/8 inch high; eggs sold loose need a sign with grade and size. A reused carton must have any old labels that no longer apply removed or blacked out. Sales to stores and restaurants need an invoice showing grade and size, kept 30 days. The statute sets 60°F and at least 70% humidity as the storage limit; the Department of Agriculture's farm market guidance says 45°F, keep eggs off ice, use clean or cleaned-and-relabeled cartons, add a nutrition label or exemption, and asks flocks of no more than 3,000 birds (exempt from USDA's grading program) to register with the Department. Other food laws still apply, so farmers' market vendors should check with the local health department.

A sourced reading of New Jersey's rules, not legal advice. Rules change; confirm with New Jersey Department of Agriculture (NJDA) (609-292-3976) before you sell.

Do you need a license?

Depends on how and how much you sellNone in state law
  • The egg law covers anyone, including a producer, who sells, gives or barters eggs to consumers, institutional consumers (such as restaurants) or retailers.N.J.S.A. 4:3-11.10, 4:3-11.11
  • Mark every container with the grade, size-weight class, the word 'eggs', the count, and the packer's name and address; grade and size in bold type at least 3/8 inch high.N.J.S.A. 4:3-11.13(a), (e)
  • Eggs sold loose must be in full view with a sign showing grade and size-weight class.N.J.S.A. 4:3-11.13(b)
  • Use 'fresh eggs' only for eggs meeting the State Board's grade for fresh eggs.N.J.S.A. 4:3-11.13(c)
  • On a reused carton, remove or black out labels, lettering and numbers that do not apply; containers must be clean, unbroken and free of odor.N.J.S.A. 4:3-11.13(e), 4:3-11.15(a)
  • Keep eggs at no more than 60°F and at least 70% relative humidity (N.J.S.A. 4:3-11.15(a)); NJDA guidance says 45°F or below and no cooling directly on ice or water.NJDA Minimum Food Safety Requirements
  • Give stores and restaurants an invoice with date, seller, buyer, quantity, grade and size-weight class, kept on file at least 30 days.N.J.S.A. 4:3-11.14
  • Register with NJDA, as its guidance asks of flocks of no more than 3,000 birds exempt from USDA's egg grading program.NJDA Minimum Food Safety Requirements
  • Add a nutrition label or claim the FDA small business exemption.NJDA Minimum Food Safety Requirements
The exact wording
“This act shall apply to the marketing of eggs to consumers, institutional consumers and retailers”

Where you can sell

From home or the farm

With conditions

No license in the egg law, but eggs sold at the farm need the same container labels (grade, size, 'eggs', count, name and address) and storage limits as any sale (N.J.S.A. 4:3-11.13, 4:3-11.15). NJDA asks small flocks to register.

Farmers markets

With conditions

Same labels and storage limits as any sale. NJDA's guidance adds 45°F, no ice contact, and clean or relabeled cartons, and NJDA and the Department of Health treat farmers' markets as retail food establishments under the state food code, so check with the local health department and market manager.

Stores and restaurants

With conditions

The egg law covers sales to retailers and institutional consumers such as restaurants: labeled containers with grade and size, plus an invoice showing grade and size-weight class kept at least 30 days (N.J.S.A. 4:3-11.13, 4:3-11.14). No producer license was found; the buyer's own health-code sourcing rules were not checked.

Also check with: Your local health department (farmers' market and retail food rules under N.J.A.C. 8:24)

Cartons, labels and handling

Cartons

Reused cartons are allowed, with conditions.

“Any carton, case, or other container which is reused shall upon such reuse have obliterated or removed therefrom any labels, lettering, numerals, or other symbols or representations not applicable to the contents upon such reuse.”

Refrigeration

45°F or colder where the rule applies.

“Temperature shall be maintained at or below 45°F.”

The label must show

  • Grade
  • Size-weight class
  • The word 'eggs'
  • Number of eggs
  • Name and address of the packer or distributor
  • Grade and size in bold letters at least 3/8 inch high
  • Nutrition label or FDA small business exemption (NJDA guidance)

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

Grading

Eggs must be graded.

“The container in which any eggs are marketed in this State shall bear prominently on the outside portion thereof: … The grade of the eggs. … The size-weight class of the eggs.”

Washing

No New Jersey washing rule for small producers was found. The statute requires clean, unbroken, odor-free containers, and NJDA asks that eggs not be cooled directly on ice or water.

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

What changed recently

  1. 2023-11-16 · The State Board of Agriculture readopted N.J.A.C. 2:71 (Grades and Standards, including the shell-egg rules in subchapter 1) effective November 16, 2023, with amendments and repeals in other subchapters effective December 18, 2023; the chapter now expires November 16, 2030. Source

Common questions

Do I need a license to sell eggs from my backyard chickens in New Jersey?
Yes. New Jersey sets no egg license for producers, but every carton must show the grade, size, the word 'eggs', the count and your name and address. Flocks of 3,000 or fewer birds are asked to register. Small-flock line: none in state law. The conditions, and the law they come from, are on this page.
Can I sell eggs at a farmers market in New Jersey?
Allowed with conditions. Same labels and storage limits as any sale. NJDA's guidance adds 45°F, no ice contact, and clean or relabeled cartons, and NJDA and the Department of Health treat farmers' markets as retail food establishments under the state food code, so check with the local health department and market manager. Also check with your local health department (farmers' market and retail food rules under N.J.A.C. 8:24).
Can I reuse egg cartons in New Jersey?
With conditions. The rule reads: "Any carton, case, or other container which is reused shall upon such reuse have obliterated or removed therefrom any labels, lettering, numerals, or other symbols or representations not applicable to the contents upon such reuse."
What has to be on the carton label in New Jersey?
Grade, Size-weight class, The word 'eggs', Number of eggs, Name and address of the packer or distributor, Grade and size in bold letters at least 3/8 inch high, Nutrition label or FDA small business exemption (NJDA guidance). The rule reads: "The container in which any eggs are marketed in this State shall bear prominently on the outside portion thereof: … The grade of the eggs. … The size-weight class of the eggs. … The word "eggs." … The numerical count of the contents. … The name and address of the packer or distributor." The federal safe handling statement applies as well; our carton label maker prints all of it.
Do eggs I sell in New Jersey have to be refrigerated?
Yes, at 45°F or colder. The rule reads: "Temperature shall be maintained at or below 45°F."
Sources
Read the 31 passages this page is built on
  • “This act shall apply to the marketing of eggs to consumers, institutional consumers and retailers, and to other purchasers in accordance with grades established therefor as provided hereunder.”

    N.J.S.A. 4:3-11.10 to 4:3-11.15 · read 2026-10-07

  • “"Eggs" means eggs in the shell that are the product of domesticated chickens.”

    N.J.S.A. 4:3-11.10 to 4:3-11.15 · read 2026-10-07

  • “"Institutional consumer" means a restaurant, hotel, boarding house, or any other business, facility, or place in which eggs are prepared or offered as food”

    N.J.S.A. 4:3-11.10 to 4:3-11.15 · read 2026-10-07

  • “"Market" means sell, offer for sale, give, barter, exchange, or distribute in any manner.”

    N.J.S.A. 4:3-11.10 to 4:3-11.15 · read 2026-10-07

  • “"Person" means any individual, producer, firm, partnership”

    N.J.S.A. 4:3-11.10 to 4:3-11.15 · read 2026-10-07

  • “The State board shall, by rules and regulations, establish standards, grades, and size-weight classes, which may be modeled on the standards, grades or size-weight classes developed by the United States Department of Agriculture, for eggs marketed in this State.”

    N.J.S.A. 4:3-11.10 to 4:3-11.15 · read 2026-10-07

  • “The container in which any eggs are marketed in this State shall bear prominently on the outside portion thereof: … The grade of the eggs. … The size-weight class of the eggs. … The word "eggs." … The numerical count of the contents. … The name and address of the packer or distributor.”

    N.J.S.A. 4:3-11.10 to 4:3-11.15 · read 2026-10-07

  • “The term "fresh eggs," or any legend, symbol, picture, representation or device declaring or tending to convey the impression that the eggs are fresh may be applied only to eggs meeting the requirements of grade or grades established by the State board for fresh eggs.”

    N.J.S.A. 4:3-11.10 to 4:3-11.15 · read 2026-10-07

  • “Letters and numerals used to designate the grade and size-weight class of eggs marketed in containers shall be in clearly legible, bold faced type at least 3/8 inch in height. … Any carton, case, or other container which is reused shall upon such reuse have obliterated or removed therefrom any labels, lettering, numerals, or other symbols or representations not applicable to the contents upon such reuse.”

    N.J.S.A. 4:3-11.10 to 4:3-11.15 · read 2026-10-07

  • “Any person marketing eggs to a retailer or institutional consumer shall furnish to such purchaser at the time of delivery of the eggs an invoice showing the date of sale, name and address of the seller, name of purchaser, quantity, grade and size-weight class of the eggs delivered.”

    N.J.S.A. 4:3-11.10 to 4:3-11.15 · read 2026-10-07

  • “The invoice or a copy thereof shall be kept on file by the seller and the purchaser at their respective places of business for a period of at least 30 days.”

    N.J.S.A. 4:3-11.10 to 4:3-11.15 · read 2026-10-07

  • “Any person assembling, transporting, marketing, or processing eggs for marketing shall keep the eggs at a temperature not higher than 60 degrees Fahrenheit and in a relative humidity of not less than 70%. In addition, any container, including the packaging material therein or associated therewith, shall be clean, unbroken, and free from foreign odor.”

    N.J.S.A. 4:3-11.10 to 4:3-11.15 · read 2026-10-07

  • “Nothing in this act or in any rules or regulations of the State board shall be construed to exempt any persons or premises from the application thereto of any laws otherwise applicable and relating to the operation of establishments or facilities for the storing, transporting, sale, distribution, preparation, or serving of food.”

    N.J.S.A. 4:3-11.10 to 4:3-11.15 · read 2026-10-07

  • “L.1965, c. 94, s. 4, eff. Jan. 1, 1966.”

    N.J.S.A. 4:3-11.10 to 4:3-11.15 · read 2026-10-07

  • “(UPDATED THROUGH P.L.2026, c.30, and J.R.1)”

    N.J.S.A. 4:3-11.10 to 4:3-11.15 · read 2026-10-07

  • ““Restricted egg” sale by producer only at site of production, door-to door route or an established place of business away from farm. +”

    New Jersey Department of Agriculture (NJDA) · read 2026-10-07

  • “Exempted from USDA, AMS egg grading program if annual flock does not exceed 3,000 birds. Sale of “restricted eggs” are limited not to exceed 30 dozen per customer. Regulated by NJDA.”

    New Jersey Department of Agriculture (NJDA) · read 2026-10-07

  • “+ means requirements apply to Community Farmers’ Market”

    New Jersey Department of Agriculture (NJDA) · read 2026-10-07

  • “Flock exempted according to USDA, AMS egg grading program Title 7 CFR part 57.100; should register with NJDA.”

    New Jersey Department of Agriculture (NJDA) · read 2026-10-07

  • “Standards of quality, grade, sanitation, refrigeration and records shall be maintained.”

    New Jersey Department of Agriculture (NJDA) · read 2026-10-07

  • “Container in which eggs are sold shall contain: Name and address of the producer/packer; the word “eggs”; grade of the eggs; size-weight class of the eggs; numerical count of the contents, nutritional label *.”

    New Jersey Department of Agriculture (NJDA) · read 2026-10-07

  • “Eggs shall be packed in a clean container; if container is reused it shall be cleaned and relabeled by producer/packer. Temperature shall be maintained at or below 45°F. Eggs shall not be cooled directly on ice or water.”

    New Jersey Department of Agriculture (NJDA) · read 2026-10-07

  • “* Packaged foods shall be registered under FDA Food and Cosmetic Act for nutritional labeling or obtain small business exemption”

    New Jersey Department of Agriculture (NJDA) · read 2026-10-07

  • “For further information please contact New Jersey Department of Agriculture at 609-292-3976”

    New Jersey Department of Agriculture (NJDA) · read 2026-10-07

  • ““Restricted Eggs” can be sold at … an “established place of business … away from the farm,” i.e. a farmers … market. … “Restricted Eggs” are exempted … from USDA/AMS egg grading if annual flock is under … 3,000 birds, limited to a maximum of 50 dozen per … customer.”

    New Jersey Department of Agriculture (NJDA) · read 2026-10-07

  • “Eggs must be packed in a clean container. If the container … is re-used, it must be cleaned and re-labeled by the … producer/packer. … Labels must include: product name, name and address of … producer/packer, the size-weight class of eggs, numerical … count of the contents and a nutritional label.”

    New Jersey Department of Agriculture (NJDA) · read 2026-10-07

  • “These regulations from the New Jersey Department of Health and Senior Services (NJDHSS) cover community farmers markets since they are “retail establishments.””

    New Jersey Department of Agriculture (NJDA) · read 2026-10-07

  • “Effective Dates: November 16, 2023, Readoption; … December 18, 2023, Amendments and Repeals. … Expiration Date: November 16, 2030.”

    N.J.A.C. 2:71 subchapter 1 · read 2026-10-07

  • “N.J.A.C. 2:71-1 addresses the New Jersey standards … concerning the quality of individual shell eggs.”

    N.J.A.C. 2:71 subchapter 1 · read 2026-10-07

  • “All entities that purchase raw milk, fruits, vegetables, live poultry, eggs, hay, grain, or straw from New Jersey producers on credit are required to be licensed and bonded by the New Jersey Department of Agriculture.”

    New Jersey Department of Agriculture (NJDA) · read 2026-10-07

  • “any organization starting a community farmers market should contact their local health, zoning and weights and measures officials for guidance.”

    New Jersey Department of Agriculture (NJDA) · read 2026-10-07

What we couldn't confirm
  • The egg statute (N.J.S.A. 4:3-11.10 to 4:3-11.28) was read in the Legislature's downloadable statutes text (STATUTES-TEXT.zip on pub.njleg.state.nj.us, updated through P.L.2026, c.30). It has no producer or small-flock exemption and no license; it was last amended in 2023 (c.250, a procedural change to 4:3-11.18, date not confirmed).
  • No saveable official copy of N.J.A.C. 2:71 subchapter 1 was found: the official online code (LexisNexis public access) opens documents only after a CAPTCHA, and NJDA's rules page posts only the 2016 and 2023 readoption notices, which do not print the subchapter 1 text. The rule's exception for 'restricted eggs' marketed under the federal Egg Products Inspection Act, its reused-container rule (2:71-1.35) and its label rules (1.31, 1.38) are therefore not quoted or relied on.
  • Temperature conflict: the statute allows up to 60°F with at least 70% humidity (N.J.S.A. 4:3-11.15(a)); NJDA's farm market guidance says 45°F. The record shows 45°F (the stricter figure) and lists both.
  • Restricted-egg conflict, unresolved: NJDA's farm market requirements (created 2007, modified March 2021) say restricted-egg sales are limited to 30 dozen per customer and exempt from USDA grading if the flock 'does not exceed 3,000 birds'; the NJDA/Health 'Chapter 24' guide (January 2015) says 50 dozen and 'under 3,000 birds'. No current state source settles either point, and neither number appears in the statute. NJDA's use of 'restricted eggs' (a federal term for checks and dirties) for small-flock sales is unclear; the record does not rely on it.
  • NJDA's guidance says flocks exempt from USDA grading 'should register with NJDA'; no statute, rule, form or fee requiring registration was found.
  • The statute defines eggs as chicken eggs only (N.J.S.A. 4:3-11.11(a)); duck and other eggs are outside it.
  • Local health department licensing of farmers' market egg vendors (N.J.A.C. 8:24, Chapter 24) and approved-source rules for restaurants were not researched; N.J.S.A. 4:3-11.15(c) says other food laws still apply.
  • No 2024–2026 New Jersey law changing egg sales was found; the statutes file is current through P.L.2026, c.30.

Selling across the state line?

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

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

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