State rules

Can you sell backyard eggs in South Carolina?

On the farm, yes: eggs sold directly to consumers where they're gathered need no license. Anywhere else, farmers' markets included, you need a free state egg license and washed, graded, sized, labeled eggs.

Read from 6 official sources26 passages quotedChecked October 7, 2026

At a glance

License

Depends how you sell

Small-flock line

None off the farm

Farmers markets

License needed

Cartons

New only

In plain English

South Carolina draws its line by where you sell, not by flock size. The egg law exempts people who sell eggs at a roadside stand near the farm where the eggs were produced, and SCDA says eggs sold directly to the end consumer at the farm where they were gathered are exempt from the SC Egg Law with no further regulation. Selling anywhere else, including farmers' markets, or to stores and restaurants, takes an SC Egg License, which is free. Licensed sellers wash eggs in a chlorine solution, refrigerate them at 45°F or below, candle and size every egg, pack in new cartons and label each carton with name and address, grade, size and a pack or expiration date plus 'Keep Refrigerated at 45° or Below'. SCDA reviews your label before you sell.

A sourced reading of South Carolina's rules, not legal advice. Rules change; confirm with South Carolina Department of Agriculture (SCDA) before you sell.

Do you need a license?

Depends on how and how much you sellNone off the farm
  • Exempt from the egg law: persons who sell eggs at a roadside stand near the farm on which the eggs were produced.S.C. Code § 39-39-170(3)
  • SCDA reads this as eggs sold directly to the end consumer at the farm where they were gathered; such farm sales need no further regulation.SCDA Egg License Quick Guide, 2026
  • Selling to other businesses or at any other location takes an SC Egg License from SCDA, issued at no cost.S.C. Code §§ 39-39-120, 39-39-121; SCDA Egg License Quick Guide
  • Licensed sellers upload a proof of their label or placard for SCDA review and submit an Egg License Application in the SCDA Egg License Portal, and are subject to inspection.SCDA Egg License Quick Guide
  • Wash eggs in a 150–200 ppm chlorine solution and rinse; refrigerate each egg to 45°F or below and keep it there.SCDA Egg License Quick Guide; S.C. Code § 39-39-135
  • Candle every egg for grade (AA, A or B) and size it by weight; eggs below U.S. Consumer Grade B cannot be sold.SCDA Egg License Quick Guide; S.C. Code Regs. 5-217(b)
  • Use only new or unused cartons that carry no other producer's or distributor's information.SCDA Egg License Quick Guide
  • Label cartons with the packer's or distributor's business name, address, city and zip, the grade, the size, and a packed-on or expiration date no more than 45 days after packing, plus 'Keep Refrigerated at 45° or Below' or similar.SCDA Egg License Quick Guide; S.C. Code § 39-39-140(E)
The exact wording
“persons who sell eggs at a roadside stand near the farm on which the eggs were produced … If eggs are sold directly to the end consumer at the farm where the eggs were gathered, these requirements do not apply.”

Where you can sell

From home or the farm

Allowed

Exempt from the SC Egg Law when you sell directly to the end consumer at the farm where the eggs were gathered (SCDA) or at a roadside stand near the farm where they were produced (§ 39-39-170(3)). No license, grading or labeling rule applies to those sales.

Farmers markets

License needed

SCDA: an SC Egg License is required 'to sell raw, shelled eggs at any location other than where the eggs are harvested.' The license is free, but the eggs must be washed, candled, sized, labeled, in new cartons and held at 45°F or below.

Stores and restaurants

License needed

Eggs sold to other businesses need an SC Egg License and must be washed, graded, sized, labeled and kept at 45°F or below. Deliveries go with an invoice showing grade, size, name and address (S.C. Code Regs. 5-211 to 5-213).

Cartons, labels and handling

Cartons

New cartons are required for eggs you sell.

“Only new or unused cartons can be used to package eggs. Cartons cannot bear another producer’s or distributor’s information.”

Refrigeration

45°F or colder where the rule applies.

“Quickly refrigerate each egg to 45°F or below and maintain at all times.”

The label must show

  • business name, address, city and zip code of the packer or distributor
  • grade
  • size
  • packed-on date or expiration date (expiration is 45 days after packing)
  • "Keep Refrigerated at 45° or Below" or similar wording

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

Grading

Ungraded sales are allowed only in some cases.

“Eggs can be sold from the farm or place where they’re gathered without any further regulation. Eggs sold to other businesses or at locations other than where they’re produced, must be washed, graded, sized and properly labeled.”

Washing

Licensed sellers: 'Wash eggs in 150 – 200ppm Chlorine Solution (1 tablespoons regular 5% bleach/gallon of water) then rinse.' (SCDA Egg License Quick Guide). On-farm direct sales are exempt.

Federal rules apply on top of South Carolina'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 South Carolina?
On the farm, yes: eggs sold directly to consumers where they're gathered need no license. Anywhere else, farmers' markets included, you need a free state egg license and washed, graded, sized, labeled eggs. Small-flock line: none off the farm. The conditions, and the law they come from, are on this page.
Can I sell eggs at a farmers market in South Carolina?
Needs a license or isn't exempt. SCDA: an SC Egg License is required 'to sell raw, shelled eggs at any location other than where the eggs are harvested.' The license is free, but the eggs must be washed, candled, sized, labeled, in new cartons and held at 45°F or below.
Can I reuse egg cartons in South Carolina?
No: South Carolina requires new cartons for eggs you sell. The rule reads: "Only new or unused cartons can be used to package eggs. Cartons cannot bear another producer’s or distributor’s information."
What has to be on the carton label in South Carolina?
business name, address, city and zip code of the packer or distributor, grade, size, packed-on date or expiration date (expiration is 45 days after packing), "Keep Refrigerated at 45° or Below" or similar wording. The rule reads: "Cartons must be labeled with: Business Name, Address, City, & Zip Code of Packer or Distributor, Grade, Size, and either a Packed-On Date or Expiration Date. Expiration is 45 days after the packed on date." The federal safe handling statement applies as well; our carton label maker prints all of it.
Do eggs I sell in South Carolina have to be refrigerated?
Yes, at 45°F or colder. The rule reads: "Quickly refrigerate each egg to 45°F or below and maintain at all times."
Sources
Read the 26 passages this page is built on
  • “The following are exempt from this chapter: (1) persons who buy or sell eggs to be used exclusively for hatching purposes; (2) shipments of eggs in interstate commerce; (3) persons who sell eggs at a roadside stand near the farm on which the eggs were produced.”

    S.C. Code § 39-39-110 · read 2026-10-07

  • “A person may not engage in business as a wholesaler or as a distributor without first obtaining a license from the commissioner. … There is no fee for this license.”

    S.C. Code § 39-39-110 · read 2026-10-07

  • “The license must be issued at no cost and in a form prescribed by regulations promulgated by the department.”

    S.C. Code § 39-39-110 · read 2026-10-07

  • “"Consumer" means a person using eggs for food and includes restaurants, hotels, cafeterias, hospitals, state institutions, and other establishments serving food to be consumed or produced on the premises”

    S.C. Code § 39-39-110 · read 2026-10-07

  • “"Eggs" means the shell eggs of a domesticated chicken, turkey, duck, goose, or guinea hen.”

    S.C. Code § 39-39-110 · read 2026-10-07

  • “(A) Shell egg producers shall refrigerate eggs upon gathering the eggs. Eggs must be graded and packed within a reasonable period of time from gathering. (B) After washing, processing, and packaging, eggs must be transported, stored, and displayed at ambient temperatures not to exceed forty-five degrees Fahrenheit until sold at retail or used by a commercial establishment or public institution.”

    S.C. Code § 39-39-110 · read 2026-10-07

  • “all eggs sold in this State must be labeled so as to designate their quality, size, and weight class.”

    S.C. Code § 39-39-110 · read 2026-10-07

  • “If eggs are sold in cartons, the cartons must show the date packed or the expiration date, which may not exceed forty-five days from the date packed, and the grade and size, together with either the name and address of the packer or the USDA assigned plant number or a state approved plant identification code.”

    S.C. Code § 39-39-110 · read 2026-10-07

  • “use the word "nulaid", "country", "hennery", "day-old", " select", "selected", "certified", "best", "nearby", "fresh-laid", or a similar descriptive term which the Commissioner of Agriculture, by regulation, prohibits in connection with the advertising or selling of eggs;”

    S.C. Code § 39-39-110 · read 2026-10-07

  • “A person violating this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five hundred dollars or imprisoned not more than ninety days, or both, in the discretion of the court.”

    S.C. Code § 39-39-110 · read 2026-10-07

  • “The South Carolina Code on the General Assembly's website is now current through the 2025 Session of the General Assembly.”

    scstatehouse.gov · read 2026-10-07

  • “Producers with five hundred or less hens may sell their eggs direct to the consumer without processing.”

    S.C. Code Regs. 5-210 to 5-235 (Chapter 5, Article 4, Eggs) · read 2026-10-07

  • “(a) All eggs offered for sale as designated in § 39-39-150, S.C. Code, 1976, shall be graded as to weight and standards. (b) Therefore no eggs will be sold at wholesale or retail outlet below U.S. Consumer Grade B.”

    S.C. Code Regs. 5-210 to 5-235 (Chapter 5, Article 4, Eggs) · read 2026-10-07

  • “Eggs which are to be officially identified with consumer grademarks shall be packaged only in new or good used cartons, cases and packing materials. No Producer or Packer shall use any case or carton showing any other than his own advertising or end case label.”

    S.C. Code Regs. 5-210 to 5-235 (Chapter 5, Article 4, Eggs) · read 2026-10-07

  • “Files are current through State Register Volume 50, Issue 3, effective March 27, 2026.”

    scstatehouse.gov · read 2026-10-07

  • “If eggs are sold directly to the end consumer at the farm where the eggs were gathered, these requirements do not apply. The farm is exempt from the SC Egg Law 39-39 et al.”

    South Carolina Department of Agriculture (SCDA) · read 2026-10-07

  • “A SC Egg License is required by state law to sell raw, shelled eggs at any location other than where the eggs are harvested.”

    South Carolina Department of Agriculture (SCDA) · read 2026-10-07

  • “A copy of your label or placard must be reviewed by SCDA prior to offering your eggs for sale. You must upload a proof of the label/placard you intend to use and complete, sign, and submit an Egg License Application in the SCDA Egg License Portal.”

    South Carolina Department of Agriculture (SCDA) · read 2026-10-07

  • “Wash eggs in 150 – 200ppm Chlorine Solution (1 tablespoons regular 5% bleach/gallon of water) then rinse.”

    South Carolina Department of Agriculture (SCDA) · read 2026-10-07

  • “Quickly refrigerate each egg to 45°F or below and maintain at all times.”

    South Carolina Department of Agriculture (SCDA) · read 2026-10-07

  • “Candle (Grade) each egg for blood spots, partially formed chicks, cracks, and to measure air cell size. Air cell size determines if the eggs are Grade AA, A, or B. Eggs that are below U.S. Consumer Grade B cannot be sold to the public.”

    South Carolina Department of Agriculture (SCDA) · read 2026-10-07

  • “Cartons must be labeled with: Business Name, Address, City, & Zip Code of Packer or Distributor, Grade, Size, and either a Packed-On Date or Expiration Date. Expiration is 45 days after the packed on date.”

    South Carolina Department of Agriculture (SCDA) · read 2026-10-07

  • ““Keep Refrigerated at 45° or Below” or similar wording must be stated on the carton label or on the carton itself.”

    South Carolina Department of Agriculture (SCDA) · read 2026-10-07

  • “Eggs sold at a location other than a grower’s residence or farm must be washed, graded, sized, properly labeled and kept refrigerated at or below 45° F.”

    South Carolina Department of Agriculture (SCDA) · read 2026-10-07

  • “Only new or unused cartons can be used to package eggs. Cartons cannot bear another producer’s or distributor’s information. The producer must obtain an egg license issued by SCDA. Unlabeled, ungraded or unsized eggs or eggs off refrigeration are considered adulterated and will be removed from public sale.”

    South Carolina Department of Agriculture (SCDA) · read 2026-10-07

  • “Eggs can be sold from the farm or place where they’re gathered without any further regulation. Eggs sold to other businesses or at locations other than where they’re produced, must be washed, graded, sized and properly labeled. You will also need to apply for an Egg License from the SC Department of Agriculture.”

    South Carolina Department of Agriculture (SCDA) · read 2026-10-07

What we couldn't confirm
  • Conflict: S.C. Code Regs. 5-210 says 'Producers with five hundred or less hens may sell their eggs direct to the consumer without processing' (amended 2006), with no location limit. SCDA's 2026 guidance requires an egg license and full processing at any location other than where the eggs are harvested. The statute's exemption (§ 39-39-170(3)) is limited to a roadside stand near the farm. This record follows the statute and SCDA's current guidance; a 500-hen producer selling at a farmers' market should confirm with SCDA.
  • Conflict: S.C. Code Regs. 5-227 allows 'new or good used cartons' showing only the packer's own advertising; SCDA's 2026 page and guide say only new or unused cartons.
  • Reg 5-210 quotes an older statutory definition of 'producer' ('selling no eggs other than those eggs produced on his farm'); § 39-39-110(7) was rewritten in 2005.
  • The statute exempts a 'roadside stand near the farm'; SCDA's wording is 'at the farm where the eggs were gathered' and 'from the farm or place where they're gathered'. Whether a stand off the farm property but nearby qualifies was not confirmed.
  • Currency: the legislature's Code is current through the 2025 session; ch. 39-39 was last amended by 2005 Act No. 23. The regulations site is current through State Register Vol. 50, Issue 3 (March 27, 2026); the egg rules were last amended effective February 24, 2006. 2025–2026 bills seen: H.4112 (backyard hens, referred to committee) and 2023–2024 H.3729 (home-based food with backyard eggs, referred to committee); neither passed. Full bill-search for 2026 egg bills was done by web search only.
  • Farmers' market rules set by market managers or the state's retail food program were not checked.

Selling across the state line?

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

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

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