State rules

Can you sell backyard eggs in West Virginia?

Yes, after a free registration. Sell 150 dozen eggs or less a week of your own and you register with the WVDA each year, no fee, then sell washed eggs labeled 'Ungraded Eggs' and kept at 45°F or less.

Read from 12 official sources34 passages quotedChecked October 7, 2026

At a glance

License

Registration

Small-flock line

150 dozen a week or less

Farmers markets

With conditions

Cartons

Reuse allowed

In plain English

West Virginia draws its line at weekly sales. A small producer is anyone marketing 150 dozen eggs or less a week of their own production; small producers must register with the WVDA each year (an Egg Distributor Certificate of Authorization, small producer, with no fee) and pay no permit or inspection fees. There is no lower tier: the egg law defines a producer as anyone owning laying hens who markets eggs. Cartons must carry your name and address, the pack date and the words 'Ungraded Eggs' in letters at least 5/8 inch tall. Eggs must be washed in an acceptable, sanitary way before packing, kept clean, and held above freezing at 45°F or less (trips under three hours need no refrigeration). Used cartons are fine once the old distributor's name, dates, size and grade are marked out. Eggs may be called 'fresh' only if they meet Grade A, and must not fall below U.S. Consumer Grade B. Above 150 dozen a week, you need a $10 Egg Distributor Permit and pay inspection fees.

A sourced reading of West Virginia's rules, not legal advice. Rules change; confirm with West Virginia Department of Agriculture (WVDA) (304-558-2227) before you sell.

Do you need a license?

Registration required150 dozen a week or less
  • Market 150 dozen eggs or less per week of your own production.W. Va. C.S.R. § 61-7A-3.1
  • Register with the West Virginia Department of Agriculture on its form, renewed each July 1 to June 30; no permit or inspection fee.W. Va. Code § 19-10A-3(g); W. Va. C.S.R. § 61-7A-3.1
  • Label cartons with your name and address, the date the eggs are packed, and 'Ungraded Eggs' in print at least 5/8 inch tall.W. Va. C.S.R. § 61-7A-3.1
  • Wash eggs in an acceptable and sanitary method before packing.W. Va. C.S.R. § 61-7A-3.2
  • Keep eggs being transported, stored or displayed for sale above freezing at 45°F or less; no refrigeration needed for trips under three hours.W. Va. C.S.R. § 61-7A-3.3
  • Reused cartons only with the distributor's name, address, expiration date, size and grade marked out and replaced by your small-producer label; cartons clean and free of odor or debris.W. Va. C.S.R. §§ 61-7A-3.4, 3.5
  • Use 'fresh' only for eggs meeting Grade A or higher; eggs may not be below U.S. Consumer Grade B.W. Va. C.S.R. §§ 61-7A-3.6, 3.7
  • Do not sell loss, inedible or leaker eggs, unrefrigerated eggs, or mislabeled eggs.W. Va. Code § 19-10A-6(b)
  • Selling to a retailer: give an invoice with size, quality, your name and address and the sale date, kept one year (W. Va. Code § 19-10A-8); producers with 3,000 birds or less put the expiration date on the shipping container or the invoice.W. Va. C.S.R. § 61-7A-6.5
The exact wording
“A small producer is any person marketing one hundred fifty (150) dozen of eggs or less per week of his or her own production.”

Where you can sell

From home or the farm

With conditions

Allowed once registered with the WVDA as a small producer (free, annual). Cartons labeled 'Ungraded Eggs' with your name, address and pack date; eggs washed and held at 45°F or less.

Farmers markets

With conditions

WVDA's Farmers Market Vendor Guide (December 2025) lists eggs as needing no WVDA farmers market vendor permit and no health department food establishment permit, but 'Any vendor selling eggs shall be registered with WVDA as a Small Egg Producer.' State law bars local health departments from requiring a food establishment permit from market vendors (W. Va. Code § 19-35-3b). Keep eggs at 45°F or less on display.

Stores and restaurants

With conditions

West Virginia's egg law counts restaurants as 'consumers' and the rule contemplates small producers selling to retailers: give the retailer an invoice with size, quality, your name and address and the sale date (§ 19-10A-8), and show the expiration date on the shipping container or invoice (§ 61-7A-6.5). Restaurant buyers' own health department rules were not checked.

Also check with: Your county health department (restaurant and food-service buyers)

Cartons, labels and handling

Cartons

Reused cartons are allowed.

“Small producers are permitted to pack in recycled or used cartons when the original distributor’s name, address, expiration date, size and grade are marked out and replaced with the labeling required for small producers. Cartons shall be clean and free of odor or debris.”

Refrigeration

45°F or colder where the rule applies.

“All eggs being transported, stored or displayed for sale shall be maintained above freezing at 45°F or less ambient temperature; Provided that, refrigeration is not required for transportation of eggs when the period of transport is less than three hours.”

The label must show

  • Name and address of the person producing and selling the eggs
  • Date the eggs are packed
  • "Ungraded Eggs" in print at least 5/8 inch tall

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

Grading

Ungraded eggs may be sold under the small-producer rules.

“Small producers must label their cartons with: … The words “Ungraded Eggs” in print of at least five-eighths (5/8) inch”

Washing

“Eggs shall be washed in an acceptable and sanitary method prior to packing.”

Federal rules apply on top of West Virginia'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 West Virginia?
Yes, after a free registration. Sell 150 dozen eggs or less a week of your own and you register with the WVDA each year, no fee, then sell washed eggs labeled 'Ungraded Eggs' and kept at 45°F or less. Small-flock line: 150 dozen a week or less. The conditions, and the law they come from, are on this page.
Can I sell eggs at a farmers market in West Virginia?
Allowed with conditions. WVDA's Farmers Market Vendor Guide (December 2025) lists eggs as needing no WVDA farmers market vendor permit and no health department food establishment permit, but 'Any vendor selling eggs shall be registered with WVDA as a Small Egg Producer.' State law bars local health departments from requiring a food establishment permit from market vendors (W. Va. Code § 19-35-3b). Keep eggs at 45°F or less on display. Also check with your county health department (restaurant and food-service buyers).
Can I reuse egg cartons in West Virginia?
Yes. The rule reads: "Small producers are permitted to pack in recycled or used cartons when the original distributor’s name, address, expiration date, size and grade are marked out and replaced with the labeling required for small producers. Cartons shall be clean and free of odor or debris."
What has to be on the carton label in West Virginia?
Name and address of the person producing and selling the eggs, Date the eggs are packed, "Ungraded Eggs" in print at least 5/8 inch tall. The rule reads: "Small producers must label their cartons with: … The name and address of the person producing and selling the eggs … The date the eggs are packed … The words “Ungraded Eggs” in print of at least five-eighths (5/8) inch" The federal safe handling statement applies as well; our carton label maker prints all of it.
Do eggs I sell in West Virginia have to be refrigerated?
Yes, at 45°F or colder. The rule reads: "All eggs being transported, stored or displayed for sale shall be maintained above freezing at 45°F or less ambient temperature; Provided that, refrigeration is not required for transportation of eggs when the period of transport is less than three hours."
Sources
Read the 34 passages this page is built on
  • “A small producer is any person marketing one hundred fifty (150) dozen of eggs or less per week of his or her own production.”

    apps.sos.wv.gov · read 2026-10-07

  • “Any person marketing one hundred fifty (150) dozen or less per week of his or her own production shall register with the West Virginia Department of Agriculture on forms provided by the Commissioner but is exempt from paying permit or inspection fees as set forth in Section 2 of this rule.”

    apps.sos.wv.gov · read 2026-10-07

  • “Small producers will label their cartons with: … The name and address of the responsible person or business producing and selling the eggs; … The date the eggs are packed; and, … Ungraded Eggs … in print of at least five-eighths (5/8) inch”

    apps.sos.wv.gov · read 2026-10-07

  • “Eggs shall be washed in an acceptable and sanitary method prior to packing.”

    apps.sos.wv.gov · read 2026-10-07

  • “All eggs being transported, stored or displayed for sale shall be maintained above freezing at forty five degrees Fahrenheit … or less ambient temperature; Provided that, refrigeration is not required for transportation of eggs when the period of transport is less than three (3) hours.”

    apps.sos.wv.gov · read 2026-10-07

  • “Small producers are permitted to pack in marked cartons when the distributor … name, address, expiration date, size and grade are marked out and replaced with the labeling required for small producers. … Cartons shall be clean and free of odor or debris.”

    apps.sos.wv.gov · read 2026-10-07

  • “may only be used when the eggs meet minimum requirements of Grade A or higher according to the standards set forth by the United States Department of Agriculture. … Eggs shall not be below … U. S. Consumer Grade B”

    apps.sos.wv.gov · read 2026-10-07

  • “Egg producers who own three thousand birds or less shall denote the expiration date of the eggs on the outside container in which the egg cards are transported or on an invoice provided to the retailer.”

    apps.sos.wv.gov · read 2026-10-07

  • “The annual permit fee of ten dollars ($10.00) shall accompany the application for the certificate.”

    apps.sos.wv.gov · read 2026-10-07

  • “No person, retailer or distributor shall be permitted to repack eggs.”

    apps.sos.wv.gov · read 2026-10-07

  • “1.4 -- Effective Date. -- June 1, 2000.”

    apps.sos.wv.gov · read 2026-10-07

  • “Marketing of Eggs Rule … Legislative … In Progress … 6/1/2000 … Marketing Of Eggs Regulations … Legislative … Active”

    W. Va. C.S.R. § 61-7A (Marketing of Eggs Rule) · read 2026-10-07

  • “IS THIS FILING SOLELY FOR THE SUNSET PROVISION REQUIREMENTS IN W. VA. CODE §29A-3-19(e)? Yes”

    apps.sos.wv.gov · read 2026-10-07

  • “This rule shall terminate and have no further force or effect on August 1, 2036.”

    apps.sos.wv.gov · read 2026-10-07

  • “6/10/2026 1:33:41 PM”

    apps.sos.wv.gov · read 2026-10-07

  • “Producers exempted by the commissioner by legislative rule shall register with the West Virginia Department of Agriculture but are exempt from paying the permit or inspection fee pursuant to the provisions of section four of this article.”

    W. Va. Code § 19-10A-3(g) · read 2026-10-07

  • “Any person marketing eggs which he or she has produced is exempt from the provisions of section seven of this article except that carton labeling shall be according to legislative rule, cartons shall be clean and free of debris and eggs shall be held under refrigeration according to legislative rule.”

    W. Va. Code § 19-10A-4 · read 2026-10-07

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

    code.wvlegislature.gov · read 2026-10-07

  • “"Producer" means any person owning laying hens who markets eggs.”

    code.wvlegislature.gov · read 2026-10-07

  • “No person, firm or corporation may sell, traffic in or deliver to the retail or consuming trade, any eggs that are: (1) Loss, inedible, denatured or leaker eggs; (2) Not refrigerated; or (3) Mislabeled or deceptively advertised.”

    code.wvlegislature.gov · read 2026-10-07

  • “No person may offer for sale or expose for sale shell eggs that are in containers that are dirty, broken or not free from foreign odor.”

    code.wvlegislature.gov · read 2026-10-07

  • “Every person, firm or corporation selling eggs to a retailer or manufacturer shall furnish an invoice showing the size and quality of the eggs according to the standards prescribed by this article together with the name and address of the person by whom the eggs were sold and date of the sale. This invoice shall be retained for one year.”

    W. Va. Code § 19-10A-8 · read 2026-10-07

  • “Bill History For §19-10A-4 1998 Regular Session HB4454”

    W. Va. Code § 19-10A-4 · read 2026-10-07

  • “Any person marketing 150 dozen eggs or less of their own production. They are exempt from paying permit or inspection fees. … 1 year (July. 1-June. 30) … Annual Registration”

    West Virginia Department of Agriculture (WVDA) · read 2026-10-07

  • “Charleston, WV, 25312 304-558-2227”

    West Virginia Department of Agriculture (WVDA) · read 2026-10-07

  • “Application for Egg Distributor Certificate of Authorization SMALL PRODUCER - NO FEE REQUIRED”

    West Virginia Department of Agriculture (WVDA) · read 2026-10-07

  • “West Virginia Farmers Market Vendor Guide Revised December 2025”

    West Virginia Department of Agriculture (WVDA) · read 2026-10-07

  • “Eggs Not Required Not Required Any vendor selling eggs shall be registered with … WVDA as a Small Egg Producer.”

    West Virginia Department of Agriculture (WVDA) · read 2026-10-07

  • “A small producer may market up to 150 dozen eggs or less per week of their own production. The producer must register with the WVDA.”

    West Virginia Department of Agriculture (WVDA) · read 2026-10-07

  • “Small producers must label their cartons with: … The name and address of the person producing and selling the eggs … The date the eggs are packed … The words “Ungraded Eggs” in print of at least five-eighths (5/8) inch”

    West Virginia Department of Agriculture (WVDA) · read 2026-10-07

  • “Eggs shall be clean and free of debris and adhering dirt. All eggs being transported, stored or displayed for sale shall be maintained above freezing at 45°F or less ambient temperature; Provided that, refrigeration is not required for transportation of eggs when the period of transport is less than three hours.”

    West Virginia Department of Agriculture (WVDA) · read 2026-10-07

  • “Small producers are permitted to pack in recycled or used cartons when the original distributor’s name, address, expiration date, size and grade are marked out and replaced with the labeling required for small producers. Cartons shall be clean and free of odor or debris.”

    West Virginia Department of Agriculture (WVDA) · read 2026-10-07

  • “Notwithstanding any other provisions of code or rule to the contrary, a vendor is not required to obtain a food establishment permit to sell at a farmers market.”

    W. Va. Code §§ 19-35-3a, 19-35-3b · read 2026-10-07

  • “The following vendors are exempt from obtaining a farmers market vendor permit: (1) Vendors selling fresh, uncut produce; (2) Vendors selling nonpotentially hazardous foods; and (3) Vendors selling other farm and food products that are identified by the department.”

    W. Va. Code §§ 19-35-3a, 19-35-3b · read 2026-10-07

What we couldn't confirm
  • The Marketing of Eggs Rule (W. Va. C.S.R. § 61-7A) in force is the June 1, 2000 version; its official PDF on the Secretary of State site is a scan, so quotes come from the same filing's Word file, which renders § and quotation marks as stray characters. On June 10, 2026 WVDA filed the rule again with the Legislative Rule-Making Review Committee solely to extend its sunset to August 1, 2036; the filing certifies no other changes. It is 'In Progress' and needs legislative approval, so it is not listed as a change.
  • W. Va. Code ch. 19 art. 10A shows bill history only from 1998 (HB 4454). No 2024–2026 bill amending the egg law was found by web search; the Legislature's bill search was not queried directly.
  • The rule requires small producers to wash eggs (§ 61-7A-3.2); WVDA's Farmers Market Vendor Guide says only that eggs must be clean and free of debris and adhering dirt. This record follows the rule.
  • The rule says no person 'shall be permitted to repack eggs' (§ 61-7A-4.2) but lets small producers pack into used, marked-out cartons (§ 61-7A-3.4); the record treats carton reuse as allowed for small producers, as WVDA's guide does.
  • No sub-threshold for very small flocks was found: the statute defines a producer as anyone owning laying hens who markets eggs, so even a few backyard hens selling at the gate appear to need the free registration. WVDA does not say this in so many words.
  • Whether restaurants may buy ungraded small-producer eggs under West Virginia's food service rules (DHHR/Bureau for Public Health) was not checked.

Selling across the state line?

The rules change at the border. Here's where West Virginia's neighbors draw the line.

ALAKAZARCACOCTDEFLGAHIIDILINIAKSKYLAMEMDMAMIMNMSMOMTNENVNHNJNMNYNCNDOHOKORPARISCSDTNTXUTVTVAWAWVWIWY
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.

Compare every state →

Legal in your state? Then keep the books.

PoultryPal's sales ledger tracks customers, dozens and payments next to your feed costs, so you know your margin and not just your egg count. Premium includes financial tracking and the sales ledger. Free to download on iOS and Android.

Download on the App StoreGet it on Google Play