State rules

Can you sell backyard eggs in New Mexico?

Yes. If you sell your own eggs, ungraded, from a flock of under 3,000 birds, New Mexico's Egg Grading Act doesn't apply, but you must notify the state Department of Agriculture in writing (free) before your first sale.

Read from 7 official sources25 passages quotedChecked October 7, 2026

At a glance

License

Registration

Small-flock line

Under 3,000 birds, sold ungraded

Farmers markets

With conditions

Cartons

Not stated

In plain English

New Mexico's line is a flock of fewer than 3,000 birds. A person selling eggs from their own flock of that size is outside the Egg Grading Act as long as the eggs are sold as ungraded. The one step the law keeps: anyone who plans to sell ungraded eggs must notify the New Mexico Department of Agriculture in writing before the first sale, giving their location, number of laying hens, place of production and the general area where they will sell. NMDA takes this on its Ungraded Egg Sales Registration form and charges no fee. The eggs must be labeled "ungraded eggs," and a store that resells them must keep them marked "ungraded" and sell them in cartons. A seller can't split one day's production between graded and ungraded sales. Selling graded eggs, or eggs from someone else's flock, brings you under the Act's grading, labeling, fee and reporting rules.

A sourced reading of New Mexico's rules, not legal advice. Rules change; confirm with New Mexico Department of Agriculture (NMDA) ((575) 646-1616) before you sell.

Do you need a license?

Registration requiredUnder 3,000 birds, sold ungraded
  • Sell only eggs from your own production.NMSA § 25-6-6
  • The eggs come from a flock of less than three thousand birds.NMSA § 25-6-6
  • Sell the eggs as ungraded.NMSA § 25-6-6
  • Before any sale, notify the department in writing of your intent to sell ungraded eggs, giving your location, the number of laying hens you own or keep, the place of production and the general area of the state where the eggs will be sold; NMDA's registration has no fee.NMSA § 25-6-7(B)
  • Label the eggs conspicuously as "ungraded eggs".21.34.8.9(B) NMAC
  • Don't sell part of a day's production as graded and part as ungraded; switching from graded to ungraded needs written notice first, and from ungraded to graded, written notice within five days.NMSA § 25-6-7(C), (D)
  • A retailer reselling your eggs may sell them to consumers only when clearly marked "ungraded," and must sell them in cartons.NMSA § 25-6-7(A)
The exact wording
“The Egg Grading Act shall not apply to any person selling eggs from his own production when produced from a flock of less than three thousand birds, provided they are sold as ungraded.”

Where you can sell

From home or the farm

With conditions

Outside the Egg Grading Act with under 3,000 birds, your own eggs, sold ungraded and labeled "ungraded eggs", after the free written notice to NMDA (NMSA §§ 25-6-6, 25-6-7).

Farmers markets

With conditions

The exemption names no venue, so the same conditions apply at a farmers' market: under 3,000 birds, your own eggs, sold and labeled as ungraded, and written notice to NMDA first. On the registration form you name the general area of the state where you will sell. Whether a market or the state food program requires a separate food permit was not checked.

Stores and restaurants

With conditions

The exemption has no buyer limit, and the Act expressly lets retailers resell exempt eggs to consumers if they are clearly marked "ungraded" and sold in cartons (§ 25-6-7(A)). The Act's definition of "consumer" includes a business establishment or institution that changes the condition of the egg (a restaurant). New Mexico egg producers are also excepted from the dealer license (§ 25-6-13(A)). Whether a restaurant or store may accept eggs from an exempt producer under state food-establishment rules was not confirmed.

Also check with: New Mexico Environment Department Food Program (food permits for markets, stores and restaurants)

Cartons, labels and handling

Cartons

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

Refrigeration

Not stated in the sources we read.

The label must show

  • "Ungraded eggs", conspicuously
  • Resold by a store: marked "ungraded" and sold in cartons

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

Grading

Ungraded sales are allowed only in some cases.

Ungraded sales are allowed only for a person selling eggs from their own flock of fewer than 3,000 birds (NMSA § 25-6-6), after written notice to NMDA (§ 25-6-7(B)), labeled "ungraded eggs" (21.34.8.9 NMAC). All other eggs sold must be graded to USDA-based consumer grades and labeled as to size and quality (§ 25-6-5; 21.34.8.9(A) NMAC).

Washing

No washing rule for exempt sellers was found. The state rule defines ungraded eggs as eggs as they come from the production facility without having been washed, sized or candled (21.34.8.7 NMAC); the statute defines them only as eggs not graded by quality or weight (NMSA § 25-6-2(H)).

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

What changed recently

  1. 2026-07-01 · SB 143 (Laws 2026, ch. 13), signed March 3, 2026 and effective July 1, 2026, set the egg inspection fee at one-half cent per dozen and lets the NMSU board of regents index it and the dealer license fees ($10, $25, $50) for inflation until July 1, 2031. The small-flock exemption (§ 25-6-6) was not changed. Source

Common questions

Do I need a license to sell eggs from my backyard chickens in New Mexico?
Yes. If you sell your own eggs, ungraded, from a flock of under 3,000 birds, New Mexico's Egg Grading Act doesn't apply, but you must notify the state Department of Agriculture in writing (free) before your first sale. Small-flock line: under 3,000 birds, sold ungraded. The conditions, and the law they come from, are on this page.
Can I sell eggs at a farmers market in New Mexico?
Allowed with conditions. The exemption names no venue, so the same conditions apply at a farmers' market: under 3,000 birds, your own eggs, sold and labeled as ungraded, and written notice to NMDA first. On the registration form you name the general area of the state where you will sell. Whether a market or the state food program requires a separate food permit was not checked. Also check with New Mexico Environment Department Food Program (food permits for markets, stores and restaurants).
Can I reuse egg cartons in New Mexico?
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 New Mexico?
"Ungraded eggs", conspicuously, Resold by a store: marked "ungraded" and sold in cartons. The rule reads: "Ungraded eggs shall be conspicuously labeled as "ungraded eggs," and shall conform with the provisions pertaining thereto set forth in 25-6-7, NMSA 1978." The federal safe handling statement applies as well; our carton label maker prints all of it.
Sources
Read the 25 passages this page is built on
  • “The Egg Grading Act shall not apply to any person selling eggs from his own production when produced from a flock of less than three thousand birds, provided they are sold as ungraded.”

    NMSA 1978, § 25-6-6 · read 2026-10-07

  • “Any person proposing to sell ungraded eggs shall, prior to any such sale, notify the department in writing of his intent to sell ungraded eggs, specifying his location, the number of laying hens owned or in his possession, the place of production and the general area of the state in which the eggs are to be sold.”

    NMSA 1978, § 25-6-6 · read 2026-10-07

  • “Retailers may sell the eggs specified in Section 25-6-6 NMSA 1978 to consumers only when such eggs on hand, offered or placed on sale are clearly marked "ungraded." Ungraded eggs shall be cartoned when sold at retail.”

    NMSA 1978, § 25-6-6 · read 2026-10-07

  • “It is unlawful for any person selling any portion of his daily production as graded eggs to sell any portion thereof as ungraded eggs, except that any person may change his sales from graded to ungraded if he notifies the department in writing prior to such change.”

    NMSA 1978, § 25-6-6 · read 2026-10-07

  • “any person may change his sales from ungraded to graded eggs if he notifies the department in writing within five days from the date of change.”

    NMSA 1978, § 25-6-6 · read 2026-10-07

  • “"ungraded eggs" means eggs that have not been graded according to quality or weight;”

    NMSA 1978, § 25-6-6 · read 2026-10-07

  • “"consumer" means any person, business establishment or institution which changes the condition of the egg in preparation for human consumption;”

    NMSA 1978, § 25-6-6 · read 2026-10-07

  • “for any person, with the exception of New Mexico egg producers, to sell eggs as a dealer unless such a person has obtained from the department a license to be issued at a price, varying according to the type of dealer;”

    NMSA 1978, § 25-6-6 · read 2026-10-07

  • “A small dealer's license is required of any person that buys, sells or traffics in more than five cases and less than two hundred cases of eggs in any one week.”

    NMSA 1978, § 25-6-6 · read 2026-10-07

  • “For the purpose of this section, a "case" consists of thirty dozen eggs.”

    NMSA 1978, § 25-6-6 · read 2026-10-07

  • “to offer for sale eggs in cartons that do not have the name of the packer or distributor stamped or printed on them; or D. to sell uncartoned eggs at retail.”

    NMSA 1978, § 25-6-6 · read 2026-10-07

  • “The terms "fresh eggs," "strictly fresh eggs," "hennery eggs," "new-laid eggs" or descriptions of similar import shall not be used in connection with the sale or offering for sale or advertising for sale of eggs in New Mexico that do not meet the minimum requirements for the New Mexico grade A eggs or better;”

    NMSA 1978, § 25-6-6 · read 2026-10-07

  • “Prior to selling eggs in New Mexico the egg producer or egg dealer shall file his intent to sell eggs with the department.”

    NMSA 1978, § 25-6-6 · read 2026-10-07

  • “The fee on eggs being sold to the retailer or consumer shall be one-half cent ($.005) per dozen;”

    NMSA 1978, § 25-6-6 · read 2026-10-07

  • “The 2026 amendment, effective July 1, 2026, set the egg inspection fee at one-half cent per dozen, and authorized the board of regents of New Mexico state university to impose increases to the egg inspection fee up to the rate of inflation”

    NMSA 1978, § 25-6-6 · read 2026-10-07

  • “provided that the board may index the amount of a fee for inflation until July 1, 2031 using the consumer price index for all urban consumers: all items published by the United States department of labor.”

    NMSA 1978, § 25-6-6 · read 2026-10-07

  • “Signed by Governor - Chapter 13 - Mar. 3”

    nmlegis.gov · read 2026-10-07

  • “Ungraded eggs shall be conspicuously labeled as "ungraded eggs," and shall conform with the provisions pertaining thereto set forth in 25-6-7, NMSA 1978.”

    21.34.8 NMAC (Grades, Standards, and Reports for Shell Eggs) · read 2026-10-07

  • “All eggs sold or offered for sale under 25-6-5, NMSA 1978, shall be graded and properly labeled as to size and standards of quality.”

    21.34.8 NMAC (Grades, Standards, and Reports for Shell Eggs) · read 2026-10-07

  • “"Ungraded eggs" means eggs as they come from the production facility without having been washed, sized and/or candled for quality.”

    21.34.8 NMAC (Grades, Standards, and Reports for Shell Eggs) · read 2026-10-07

  • “The inspection fee on eggs sold in New Mexico to the retailer or to the consumer shall be twelve cents (.12) per case of thirty (30) dozen.”

    21.34.7 NMAC (Egg Inspection Fees) · read 2026-10-07

  • “PLEASE NOTE: There is no fee to register to sell ungraded eggs.”

    NMDA: Egg Licensing (Ungraded Egg Sales) · read 2026-10-07

  • “Retailers may sell the eggs specified in section 25-6-6 NMSA 1978 to consumers. This is only when such eggs on hand, offered or placed on sale are clearly marked “ungraded.” Ungraded eggs shall be cartoned when sold at retail.”

    NMDA: Egg Licensing (Ungraded Egg Sales) · read 2026-10-07

  • “This person or firm plans to sell ungraded eggs pursuant to the New Mexico Egg Grading Act, Chapter 25, Article 6, Section 7, NMSA, 1978 Compilation.”

    NMDA: Ungraded Egg Sales Registration Form (V2, 2022) · read 2026-10-07

  • “All eggs sold or offered for sale must be graded and properly labeled as to size and quality.”

    New Mexico Department of Agriculture (NMDA) · read 2026-10-07

What we couldn't confirm
  • Statute read in the official NMOneSource compilation (New Mexico Compilation Commission), Chapter 25 PDF generated July 1, 2026, which already includes the 2026 amendments (Laws 2026, ch. 13). No 'repealed' marks on Article 6. Other 2024-2026 egg bills were not found by search of the session; the nmlegis.gov bill finder was not searched exhaustively.
  • Internal tension: § 25-6-6 says the Act 'shall not apply' to under-3,000-bird producers selling ungraded, yet § 25-6-7(B), in the same Act, requires 'any person proposing to sell ungraded eggs' to notify NMDA in writing, and NMDA runs a registration form for it. The record follows § 25-6-7 and NMDA: a free written registration.
  • NMDA's Egg Inspections page says 'All eggs sold or offered for sale must be graded and properly labeled', without mentioning the ungraded exemption shown on its Egg Licensing page. The statute controls; the exemption is listed.
  • Fee conflict: 21.34.7.9 NMAC (effective 1997) sets the inspection fee at twelve cents per case of 30 dozen, while § 25-6-9 as amended in 2026 sets one-half cent per dozen (15 cents a case). The fee falls on dealers or producers who package eggs under the Act; whether exempt producers owe it was not stated.
  • No temperature or refrigeration rule for producer egg sales was found in the Egg Grading Act or 21.34.7/21.34.8 NMAC. New Mexico Environment Department food rules (7.6.2 NMAC) were not read; farmers' market and restaurant permit questions are unconfirmed.
  • Cartons: § 25-6-4(C)-(D) (packer or distributor name on cartons; no uncartoned retail sales) binds sellers under the Act; no rule on reusing cartons was found, and whether § 25-6-4 reaches exempt producers is not stated.
  • The NMDA Egg Licensing page restates § 25-6-12 in its pre-2026 wording (e.g. 'medium-sized dealer'); the fees shown ($10/$25/$50) match the current statute.

Selling across the state line?

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

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

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