State rules

Can you sell backyard eggs in North Dakota?

Yes. Eggs sold to the end consumer are exempt from North Dakota's egg dealer license and egg rules. Selling at wholesale or for other commercial use, such as to stores, needs a $10 yearly egg dealer license.

Read from 6 official sources28 passages quotedChecked October 7, 2026

At a glance

License

Depends how you sell

Small-flock line

No number: end-consumer sales

Farmers markets

Allowed

Cartons

Reuse with conditions

In plain English

North Dakota draws its line by buyer, not flock size. The state egg law requires eggs sold to anyone other than an end consumer to be candled, labeled and handled to the agriculture commissioner's standards, and it exempts all eggs sold to an end consumer. NDDA puts it plainly: eggs sold to the end consumer are exempt from egg dealer licensing and requirements. So a backyard keeper selling to the people who will eat the eggs needs no state license, at the farm or a farmers' market. Selling at wholesale or for other commercial use, such as to a grocery store or restaurant, takes an egg dealer's license: $10 a year, renewed by June 1, issued after an inspection of your premises and equipment, with an annual well-water test if you use a well. Licensed sellers must candle and wash and sanitize eggs, store them at 45°F or below, and pack them in clean cartons labeled with the producer's name and address and a pack date. Federal rules require the safe handling statement on all shell egg cartons.

A sourced reading of North Dakota's rules, not legal advice. Rules change; confirm with North Dakota Department of Agriculture (NDDA) (701-328-2299) before you sell.

Do you need a license?

Depends on how and how much you sellNo number: end-consumer sales
  • The exemption covers eggs sold or offered for sale to an end consumer.N.D.C.C. § 4.1-19-06(1)
  • NDDA: eggs sold to the end consumer are exempt from egg dealer licensing and requirements.NDDA Egg Dealer Quick Reference, Jan. 2026
  • Selling at wholesale or for other commercial use requires an egg dealer's license: $10 a year, renewed by June 1, after inspection of premises and equipment.N.D. Admin. Code 7-11-01-02
  • Apply 30 days before you want to start selling to commercial buyers.NDDA Form SFN 61394
  • Farms selling to retailers or other business establishments need an annual water sample if on well water.N.D. Admin. Code 7-11-01-07(1)
  • Licensed sellers: candle all eggs (hand candling allowed); wash and sanitize at 50 to 200 ppm chlorine or an EPA-approved egg sanitizer.N.D. Admin. Code 7-11-01-04, 7-11-01-06
  • Licensed sellers: store eggs at 45°F or below, including temporary storage, and transport them in covered containers.N.D. Admin. Code 7-11-01-03(2), 7-11-01-05
  • Licensed sellers: cartons carry the producer's name and address and a pack date; any 'use by' date no more than 45 days after packing.N.D. Admin. Code 7-11-01-03(3)-(4)
  • All shell egg cartons carry the federal safe handling statement.21 CFR 101.17(h), cited by NDDA
The exact wording
“All eggs sold or offered for sale other than to an end consumer in this state must be candled, labeled, and meet all other requirements as the commissioner deems necessary. All eggs sold or offered for sale to an end consumer are exempt from this requirement.”

Where you can sell

From home or the farm

Allowed

Sales to the end consumer are exempt from the state's candling, labeling and egg dealer requirements (N.D.C.C. § 4.1-19-06(1)). NDDA cites the federal rule that every shell egg carton carry the safe handling statement.

Farmers markets

Allowed

The exemption turns on the buyer, not the place: eggs sold to the end consumer at a market are exempt from egg dealer licensing. Local market or health rules were not checked.

Stores and restaurants

License needed

Selling at wholesale or for other commercial use needs an egg dealer's license ($10 a year, renewed by June 1) after an NDDA inspection; farms selling to retailers or other business establishments on well water also need an annual water test. Licensed eggs must be candled, washed and sanitized, kept at 45°F or below, and packed in clean cartons with the producer's name, address and pack date.

Also check with: North Dakota Department of Agriculture, Livestock Division (egg dealer's license, 701-328-2299)

Cartons, labels and handling

Cartons

Reused cartons are allowed, with conditions.

“Only clean, sound, dry flats and cartons must be used. Any carton or flat that is reused must be made of washable material and shall be sanitized before being reused.”

Refrigeration

45°F or colder where the rule applies.

“All eggs held or offered for sale must be stored in refrigerated compartments. The temperature cannot exceed forty-five degrees Fahrenheit [7.22 degrees Celsius]. This also includes temporary storage.”

The label must show

  • Producer's name and address (licensed egg dealers)
  • Pack date code (licensed egg dealers)
  • Federal safe handling statement (all shell eggs)

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

Grading

Ungraded sales are allowed only in some cases.

Eggs sold to an end consumer are exempt from the candling and labeling requirement (N.D.C.C. § 4.1-19-06(1)). Licensed egg dealers must candle all eggs; the state consumer grades AA, A and B follow USDA standards (N.D. Admin. Code 7-11-01-04, 7-11-01-08).

Washing

Required for licensed egg dealers: wash manually or by machine, sanitize at no less than 50 and no more than 200 ppm available chlorine (or an EPA-registered egg sanitizer), and let eggs dry before packing; do not soak (N.D. Admin. Code 7-11-01-06). Not required by the state for sales to end consumers.

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

What changed recently

  1. 2026-04-01 · North Dakota amended its farm flock egg rules effective April 1, 2026 (N.D. Admin. Code 7-11-01-02 licenses, 7-11-01-06 egg cleaning, 7-11-01-07 general requirements), after an earlier round effective July 1, 2024. The current rules keep the $10 annual egg dealer license. Source
  2. 2025-03-18 · HB 1084 (S.L. 2025, ch. 81), requested by the Agriculture Commissioner, repealed N.D.C.C. § 4.1-19-04, the licensing, fee and bonding section for buyers, sellers and producers of eggs and poultry, and dropped the chapter's misdemeanor penalty, leaving civil penalties of up to $1,000 per violation. The end-consumer exemption in § 4.1-19-06 was not changed. Source

Common questions

Do I need a license to sell eggs from my backyard chickens in North Dakota?
Yes. Eggs sold to the end consumer are exempt from North Dakota's egg dealer license and egg rules. Selling at wholesale or for other commercial use, such as to stores, needs a $10 yearly egg dealer license. Small-flock line: no number: end-consumer sales. The conditions, and the law they come from, are on this page.
Can I sell eggs at a farmers market in North Dakota?
Allowed. The exemption turns on the buyer, not the place: eggs sold to the end consumer at a market are exempt from egg dealer licensing. Local market or health rules were not checked. Also check with North Dakota Department of Agriculture, Livestock Division (egg dealer's license, 701-328-2299).
Can I reuse egg cartons in North Dakota?
With conditions. The rule reads: "Only clean, sound, dry flats and cartons must be used. Any carton or flat that is reused must be made of washable material and shall be sanitized before being reused."
What has to be on the carton label in North Dakota?
Producer's name and address (licensed egg dealers), Pack date code (licensed egg dealers), Federal safe handling statement (all shell eggs). The rule reads: "Farm flock eggs offered for sale must be identified with the producer's name and address. Either blank cartons can be used or a carton with the individual farm name can be made up. … All cartons must display a code indicating the date the eggs were packed." The federal safe handling statement applies as well; our carton label maker prints all of it.
Do eggs I sell in North Dakota have to be refrigerated?
Yes, at 45°F or colder. The rule reads: "All eggs held or offered for sale must be stored in refrigerated compartments. The temperature cannot exceed forty-five degrees Fahrenheit [7.22 degrees Celsius]. This also includes temporary storage."
Sources
Read the 28 passages this page is built on
What we couldn't confirm
  • Statute read in the Legislature's current Century Code PDF for chapter 4.1-19 (no 'current through' date printed; shows the 2025 repeal of § 4.1-19-04). The date § 4.1-19-06 took its current 'end consumer' wording was not traced.
  • 'End consumer' is not defined in chapter 4.1-19. Whether a restaurant counts as an end consumer is not stated; NDDA ties the license to 'wholesale or other commercial use' and the rule to 'retailers or other business establishments', so restaurants are recorded as needing the license.
  • After HB 1084 repealed § 4.1-19-04, the egg dealer license rests on rule 7-11-01-02 (authority cited: § 4.1-19-06, which speaks of 'registration of egg dealers'). The rule calls the farm flock program 'voluntary' (7-11-01-03(1)) yet says sellers wanting commercial egg markets 'shall' obtain the license; the application form (SFN 61394, 2-2018) still cites 'Section 7 of the North Dakota Century Code' and 'farm certification'.
  • The 45°F storage, washing and carton rules in 7-11-01 are written for the farm flock (egg dealer) program; § 4.1-19-06 exempts sales to end consumers from the state requirements, so for farm-gate sales these are good practice, not a stated state rule. maxF 45 reflects the rule for licensed sellers.
  • HB 1084 bill overview shows 'Filed with Secretary Of State 03/14' and 'Signed on 03/18'; the effective date was not stated on the pages read.
  • Local health department or farmers' market rules were not checked; ND's cottage food law (N.D.C.C. ch. 23-09.5) does not mention eggs.

Selling across the state line?

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

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

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