Can I reuse egg cartons in South Dakota?

No: South Dakota requires new cartons for eggs you sell. The rule reads: "Only clean, sound, dry flats and fillers and new cartons may be used."

What has to be on the carton label in South Dakota?

exact grade and weight class (letters at least 3/16 inch), "keep refrigerated", expiration date (EXP, up to 30 days after pack) or use-by date (up to 45 days), USDA handler code, packing plant name and address, or code registered with the secretary. The rule reads: "When graded eggs are exposed or offered for retail sale, the container shall be legibly marked with the exact grade and weight class in letters not smaller than three-sixteenths inch high … The statement "keep refrigerated" shall appear on the face of each carton in letters not smaller than three-sixteenths inch high" The federal safe handling statement applies as well; our carton label maker prints all of it.

State rules

Can you sell backyard eggs in South Dakota?

Yes. Selling your own eggs directly to consumers needs no egg license. Stores and restaurants take a $10 dealer license plus a $10 candler-grader license; ask the state before selling at a farmers' market.

Read from 16 official sources20 passages quotedChecked October 7, 2026

License

Depends how you sell

Small-flock line

No number: own eggs, consumers

Farmers markets

Not stated

Cartons

New only

In plain English

South Dakota's line is about who buys, not how many hens you keep. A producer selling and delivering their own eggs exclusively to consumers (people buying for their own use, not for resale) needs no egg license. To sell to grocery stores, restaurants or other institutional consumers you pack your own flock's eggs into South Dakota consumer grades under a Class A dealer license ($10 a year) and a candler/grader license ($10 a year, after an exam); both expire February 28, and DANR asks new applicants to call first. Graded eggs offered to consumers carry the grade and weight class, 'keep refrigerated', an expiration or use-by date and the handler's code or name and address, and retail stores can't sell eggs below Grade B. Whether a farmers' market stand counts as exempt direct-to-consumer selling is not settled in the sources we read.

A sourced reading of South Dakota's rules, not legal advice. Rules change; confirm with South Dakota Department of Agriculture and Natural Resources (DANR) (605-688-6455) before you sell.

Do you need a license?

Depends on how and how much you sellNo number: own eggs, consumers

Sell only your own production.SDCL 39-11-2(2)
Sell and deliver exclusively to consumers, meaning people who buy eggs for their own use and not for resale.SDCL 39-11-2(2); 39-11-1(1)
Selling to retail stores or institutional consumers (hospitals, bakeries, lodging, food service): Class A dealer license, $10 a year, for producers who pack their own flock's eggs into South Dakota consumer grades.SDCL 39-11-5(1); ARSD 12:26:02:08
Anyone who candles or grades eggs holds a candler/grader license, $10 a year, and may have to pass an exam.SDCL 39-11-4, 39-11-5
Licenses expire on February 28; renewing less than 15 days before expiration adds a $25 fee.SDCL 39-11-6
Only clean, sound, dry flats and fillers and new cartons may be used.ARSD 12:26:06:02
Graded eggs offered to consumers: container marked with exact grade and weight class, 'keep refrigerated', an expiration date (30 days) or use-by date (45 days), and the handler code, plant name and address or registered code; no loose-pack graded eggs.ARSD 12:26:10:01
No eggs below Grade B in retail stores, and institutional consumers may not buy them.ARSD 12:26:10:04

The exact wording

“(2) Producers selling and delivering their own production exclusively to consumers;”

Where you can sell

From home or the farm

With conditions

No license when you sell and deliver your own eggs exclusively to consumers (SDCL 39-11-2(2)). The statute names no hen limit and no venue. The department's rule allows only new cartons (ARSD 12:26:06:02).

Farmers markets

Not stated

The statute's exemption for producers selling 'exclusively to consumers' names no venue, but no DANR page or rule says whether a farmers' market stand qualifies. The state health licensing exemption for farmer's markets covers whole fresh fruits and vegetables only (SDCL 34-18-34). Ask DANR's egg program before selling at a market.

Stores and restaurants

License needed

Selling to retail stores or institutional consumers takes a Class A dealer license ($10/yr) for producers who pack their own flock's eggs into South Dakota consumer grades, plus a candler/grader license ($10/yr). Retailers and institutions hold eggs at 45°F or below and can't sell or buy eggs below Grade B (ARSD 12:26:02:08, 12:26:06:04, 12:26:10:04).

Also check with: South Dakota Department of Health (food licensing at farmers' markets)

Cartons, labels and handling

Cartons

New cartons are required for eggs you sell.

“Only clean, sound, dry flats and fillers and new cartons may be used.”

Refrigeration

45°F or colder where the rule applies.

“All eggs held for sale by retailers or held for use by institutional consumers shall be stored or refrigerated at a temperature not to exceed 45 degrees Fahrenheit or 7 degrees Celsius.”

The label must show

exact grade and weight class (letters at least 3/16 inch)
"keep refrigerated"
expiration date (EXP, up to 30 days after pack) or use-by date (up to 45 days)
USDA handler code, packing plant name and address, or code registered with the secretary

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

Grading

Ungraded sales are allowed only in some cases.

Producers selling their own eggs exclusively to consumers are exempt from licensing (SDCL 39-11-2(2)), and the carton-marking rule speaks of 'graded eggs' (ARSD 12:26:10:01). Eggs sold to retail stores and institutional consumers are packed into South Dakota consumer grades by a licensed candler/grader, and none below Grade B may be sold in retail stores (ARSD 12:26:02:08, 12:26:10:04).

Washing

Eggs that need cleaning may be cleaned by hand or machine; washed eggs are spray-rinsed with warm potable water containing 50 to 200 ppm chlorine and dried before packing (ARSD 12:26:12:01).

Federal rules apply on top of South Dakota'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 Dakota?: Yes. Selling your own eggs directly to consumers needs no egg license. Stores and restaurants take a $10 dealer license plus a $10 candler-grader license; ask the state before selling at a farmers' market. Small-flock line: no number: own eggs, consumers. The conditions, and the law they come from, are on this page.
Can I sell eggs at a farmers market in South Dakota?: Not stated in the sources we read. The statute's exemption for producers selling 'exclusively to consumers' names no venue, but no DANR page or rule says whether a farmers' market stand qualifies. The state health licensing exemption for farmer's markets covers whole fresh fruits and vegetables only (SDCL 34-18-34). Ask DANR's egg program before selling at a market. Also check with South Dakota Department of Health (food licensing at farmers' markets).
Can I reuse egg cartons in South Dakota?: No: South Dakota requires new cartons for eggs you sell. The rule reads: "Only clean, sound, dry flats and fillers and new cartons may be used."
What has to be on the carton label in South Dakota?: exact grade and weight class (letters at least 3/16 inch), "keep refrigerated", expiration date (EXP, up to 30 days after pack) or use-by date (up to 45 days), USDA handler code, packing plant name and address, or code registered with the secretary. The rule reads: "When graded eggs are exposed or offered for retail sale, the container shall be legibly marked with the exact grade and weight class in letters not smaller than three-sixteenths inch high … The statement "keep refrigerated" shall appear on the face of each carton in letters not smaller than three-sixteenths inch high" The federal safe handling statement applies as well; our carton label maker prints all of it.
Do eggs I sell in South Dakota have to be refrigerated?: Yes, at 45°F or colder. The rule reads: "All eggs held for sale by retailers or held for use by institutional consumers shall be stored or refrigerated at a temperature not to exceed 45 degrees Fahrenheit or 7 degrees Celsius."

Sources

SDCL 39-11-1 · Definitions: consumer, eggs, institutional consumer
SDCL 39-11-2 · License required for egg dealing; exception for producers selling and delivering their own production exclusively to consumers
SDCL 39-11-5, 39-11-6 · License fees (Class A $10, Class B $100, candler/grader $10); licenses expire February 28
SDCL 39-11-7, 39-11-8 · Rulemaking for grades, handling, sales to retail stores and institutional consumers; USDA standards as guide
SDCL 39-11-15 · Violation is a petty offense
SDCL 34-18-34 · Health licensing exemption at farmer's markets and roadside stands covers whole fresh fruits and vegetables only
ARSD 12:26:02:08 · Class A dealer license for producers who pack their own flock's eggs into consumer grades and sell to retail stores or institutional consumers
ARSD 12:26:06:01, :02, :04 · Storage below 45°F; new cartons only; retail and institutional holding at 45°F or below
ARSD 12:26:10:01, :04 · Carton marking for graded eggs (grade, weight class, 'keep refrigerated', date, handler); no eggs below Grade B in retail stores
ARSD 12:26:12:01 · Egg cleaning
South Dakota Department of Agriculture and Natural Resources (DANR) · Egg Program (dealer and candler/grader licenses)

Read the 20 passages this page is built on

“No person shall engage in the business of buying, selling, processing, candling, grading, packing, or distributing eggs in South Dakota without having first obtained such license as may be required under the provisions of this chapter except: … (2) Producers selling and delivering their own production exclusively to consumers;”
SDCL 39-11-2 · read 2026-10-07
“(1) "Consumer," any person who purchases eggs for his use, but not for resale; (2) "Eggs," eggs in the shell of a domesticated chicken, turkey, duck, goose, or guinea;”
SDCL 39-11-1 · read 2026-10-07
“(4) "Institutional consumer," any hospital, commercial bakery, lodging, or food service establishment as defined in chapter 34-18, or other institution or place in which eggs are prepared as food for customers, residents, or patients;”
SDCL 39-11-1 · read 2026-10-07
“(1) For set-in stations, buyers from producers only, and producers who pack and sell eggs produced only by their own flock, known as "Class A," ten dollars per year; … Any natural person who candles or grades eggs shall be licensed. The license fee is ten dollars per year.”
SDCL 39-11-5, 39-11-6 · read 2026-10-07
“such rules and regulations may require applicants for a license as a candler and grader of eggs to show competency by the successful passing of an examination prescribed by the secretary.”
sdlegislature.gov · read 2026-10-07
“All licenses provided for in § 39-11-5 shall expire on the twenty-eighth day of February next following the issuance thereof unless sooner revoked and may be renewed upon proper application to the secretary. Any licensee who shall not apply for renewal of his license at least fifteen days before the expiration date shall be charged an additional twenty-five dollar fee.”
sdlegislature.gov · read 2026-10-07
“A violation of any provision of this chapter is a petty offense.”
SDCL 39-11-15 · read 2026-10-07
“Class A dealer licenses shall be issued to set-in stations, buyers from producers only, and producers who pack eggs produced only by their own flock into South Dakota consumer grades and sell to retail stores, or institutional consumers, or both.”
ARSD 12:26:02:08 · read 2026-10-07
“Eggs awaiting shipment from the dealer for shell egg consumption shall be stored at a temperature below 45 degrees Fahrenheit in a place that is well ventilated, clean, and free from products giving rise to strong odors.”
sdlegislature.gov · read 2026-10-07
“All egg cases shall be clean and well constructed. Only clean, sound, dry flats and fillers and new cartons may be used.”
sdlegislature.gov · read 2026-10-07
“All eggs held for sale by retailers or held for use by institutional consumers shall be stored or refrigerated at a temperature not to exceed 45 degrees Fahrenheit or 7 degrees Celsius.”
sdlegislature.gov · read 2026-10-07
“When graded eggs are exposed or offered for retail sale, the container shall be legibly marked with the exact grade and weight class in letters not smaller than three-sixteenths inch high; (2) The statement "keep refrigerated" shall appear on the face of each carton in letters not smaller than three-sixteenths inch high;”
sdlegislature.gov · read 2026-10-07
“Eggs marked with an expiration date may be offered for sale for no more than 30 days after the date of pack. … Eggs marked with a use by date may be offered for sale no more than 45 days after the date of pack;”
sdlegislature.gov · read 2026-10-07
“Each container of eggs shall have legibly stamped on the outside of the carton the United States department of agriculture shell egg surveillance handler code preceded by the state code, the packing plant name and address, or the code number registered with the secretary; (5) Loose pack graded eggs may not be offered for sale.”
sdlegislature.gov · read 2026-10-07
“No person may sell eggs below the quality of grade B in retail stores, nor may institutional consumers purchase eggs below the quality of grade B.”
sdlegislature.gov · read 2026-10-07
“All washed eggs shall be spray-rinsed with warm, potable water which contains at least 50 parts per million and no more than 200 parts per million of a chlorine sanitizing compound;”
ARSD 12:26:12:01 · read 2026-10-07
“If you are applying for a NEW LICENSE, please call the South Dakota Department of Agriculture at 605-688-6455 as there are additional criteria to be met prior to issuing a new license.”
South Dakota Department of Agriculture and Natural Resources (DANR) · read 2026-10-07
“Class A - $10 fee (I buy eggs from producers only, operate a set-in station or sell eggs produced from my own flock only).”
South Dakota Department of Agriculture and Natural Resources (DANR) · read 2026-10-07
“Candler / Grader License - $10 fee per license”
South Dakota Department of Agriculture and Natural Resources (DANR) · read 2026-10-07
“No person selling whole, intact fresh fruits or vegetables at a farmer's market, roadside stand, or similar venue is required to be licensed pursuant to this chapter.”
SDCL 34-18-34 · read 2026-10-07

What we couldn't confirm

Farmers' markets: SDSU Extension's 'Selling and Distributing Eggs in South Dakota' (updated Oct. 23, 2023; secondary, not quoted) says a Class A dealer license and a candler/grader license are required to sell eggs at a farmers' market and reads the exemption as covering direct deliveries to customers such as neighbors or coworkers. The statute's text names no venue. DANR's egg page gives no guidance, so the farmers' market verdict is left unknown.
Whether the new-carton rule (ARSD 12:26:06:02), the 45°F rules and the carton-marking rule bind an unlicensed producer selling directly to consumers is not stated; the rules mostly address dealers, retailers and graded eggs. The record shows new cartons as required to be safe.
No temperature rule for a producer's own direct sales was found; 45°F applies to dealer storage (ARSD 12:26:06:01, 'below 45 degrees') and retailer/institutional holding (12:26:06:04).
DANR's egg page has no page date and no plain-language guidance for small producers; the dealer license application PDF was modified 2025-09-16.
Currency: SDCL 39-11 section source notes end at SL 2021, ch 1 (Ex. Ord. 21-3), eff. Apr. 19, 2021 (agency renamed DANR); ARSD 12:26:10:01 was last amended effective Dec. 20, 2017. A web search found no 2024–2026 bill amending ch. 39-11; the legislature's bill search was not scripted.
SD's home-processed food law (SDCL 34-18-35 to 34-18-38) covers food prepared at a residence; it does not mention shell eggs and was not used.

Selling across the state line?

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

AL AK AZ AR CA CO CT DE FLGAHI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA RI SC SD TN TX UT VT VA WA WV WI WY

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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