State rules

Can you sell backyard eggs in Wisconsin?

Yes, with 150 laying birds or fewer: no license to sell at your farm. Farmers' markets and egg routes also need a transient retail food license; stores and restaurants need a food processing plant license.

Read from 6 official sources24 passages quotedChecked October 7, 2026

At a glance

License

Depends how you sell

Small-flock line

150 laying birds or fewer

Farmers markets

License needed

Cartons

Reuse allowed

In plain English

Wisconsin's line is 150 laying birds. A producer whose flock does not exceed 150 egg-laying birds, selling its own eggs directly to consumers at the farm where they were laid, at a Wisconsin farmers' market, or on an egg sales route (regular door-to-door customers), needs no food processing plant license. The eggs may or may not be washed, candled and graded; the carton carries only your name and address, the pack date, a sell-by date no more than 30 days after packing, and a statement that the eggs are ungraded and uninspected. Packaged eggs must be held at 41°F or below at all times. The farm is the only venue that needs no license at all: selling at a farmers' market or on an egg sales route also takes a DATCP transient retail food establishment license. Selling to a store, restaurant, food processor or someone else's CSA takes a food processing plant license, as does any flock over 150 birds.

A sourced reading of Wisconsin's rules, not legal advice. Rules change; confirm with Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) before you sell.

Do you need a license?

Depends on how and how much you sell150 laying birds or fewer
  • Your flock has no more than 150 egg-laying birds, and you sell only eggs laid by your own birds.Wis. Stat. § 97.28(1)(c), (2)(a)
  • Sell directly to consumers only: at the premises where the eggs were laid, at a farmers' market in Wisconsin, or on an egg sales route.Wis. Stat. § 97.28(2)(b); ATCP 88.02(2)(a)
  • Label the carton only with your name and address, the pack date, a sell-by date no more than 30 days after packing, and a statement that the eggs are ungraded and uninspected.Wis. Stat. § 97.28(2)(c)
  • Keep packaged eggs held for sale at an ambient 41°F or below at all times.Wis. Stat. § 97.28(2)(d)
  • Used cartons only if clean, with old brand, USDA shield, dates, quality and size markings obliterated.ATCP 88.32(2)(d)
  • At a farmers' market or on an egg sales route you also need a DATCP retail food establishment license (transient retail license); sales at your own premises or through your own CSA are excepted.ATCP 88.02(5)
  • Selling to a retail food establishment, food processing plant, egg handler or another business's CSA requires a food processing plant license.ATCP 88.02(1)
The exact wording
“The number of egg-laying birds in the egg producer’s flock does not exceed 150.”

Where you can sell

From home or the farm

With conditions

No license with 150 or fewer laying birds when consumers buy at the premises where the eggs were laid (Wis. Stat. § 97.28(2); ATCP 88.02(5)). Carton labeled with name and address, pack date, sell-by date within 30 days and 'ungraded and uninspected'; held at 41°F or below.

Farmers markets

License needed

The 150-bird exemption covers the food processing plant license only. ATCP 88.02(5) and DATCP require a transient retail food establishment license to sell eggs at a farmers' market or on an egg sales route. Same carton label and 41°F rule.

Stores and restaurants

License needed

The exemption is for direct sales to consumers only. Selling eggs to a retail food establishment (store or restaurant), food processing plant or egg handler requires a DATCP food processing plant license (ATCP 88.02(1)); DATCP: 'If the producer sells eggs at retail or wholesale, a food processing license is required.' Licensed packers follow the full ATCP 88 grading and labeling rules.

Also check with: Your county or city health department where it issues retail food licenses for DATCP (transient retail license)

Cartons, labels and handling

Cartons

Reused cartons are allowed.

“Packing of eggs in used egg cartons shall only be done using clean cartons on which all markings that do not pertain to the eggs being sold, including brand name, USDA shield, date of pack, expiration date, use-by date, quality, and size are obliterated.”

Refrigeration

41°F or colder where the rule applies.

“The egg producer keeps the eggs, packaged as provided under par. (c) and held, as packaged, for sale at a venue identified under par. (b) , at an ambient temperature of 41 degrees Fahrenheit or below at all times.”

The label must show

  • Producer's name and address
  • Date the eggs were packed
  • Sell-by date no more than 30 days after packing
  • Statement that the eggs are ungraded and uninspected

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

Grading

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

“The eggs may or may not be washed, candled, and graded, and shall be labeled as ungraded and uninspected”

Washing

Washing is optional under the 150-bird exemption: the eggs 'may or may not be washed, candled, and graded' (ATCP 88.02(2)(a)). Licensed egg handlers must clean eggs to remove debris and stains (ATCP 88.20).

Federal rules apply on top of Wisconsin'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 Wisconsin?
Yes, with 150 laying birds or fewer: no license to sell at your farm. Farmers' markets and egg routes also need a transient retail food license; stores and restaurants need a food processing plant license. Small-flock line: 150 laying birds or fewer. The conditions, and the law they come from, are on this page.
Can I sell eggs at a farmers market in Wisconsin?
Needs a license or isn't exempt. The 150-bird exemption covers the food processing plant license only. ATCP 88.02(5) and DATCP require a transient retail food establishment license to sell eggs at a farmers' market or on an egg sales route. Same carton label and 41°F rule. Also check with your county or city health department where it issues retail food licenses for DATCP (transient retail license).
Can I reuse egg cartons in Wisconsin?
Yes. The rule reads: "Packing of eggs in used egg cartons shall only be done using clean cartons on which all markings that do not pertain to the eggs being sold, including brand name, USDA shield, date of pack, expiration date, use-by date, quality, and size are obliterated."
What has to be on the carton label in Wisconsin?
Producer's name and address, Date the eggs were packed, Sell-by date no more than 30 days after packing, Statement that the eggs are ungraded and uninspected. The rule reads: "The egg producer packages the eggs in a carton that is labeled only with the following information: … The egg producer’s name and address. … The date on which the egg producer packed the eggs into the carton. … A date that falls no more than 30 days after the date on which the eggs were packed by which the eggs must be sold. … A statement indicating that the eggs in the package are ungraded and uninspected." The federal safe handling statement applies as well; our carton label maker prints all of it.
Do eggs I sell in Wisconsin have to be refrigerated?
Yes, at 41°F or colder. The rule reads: "The egg producer keeps the eggs, packaged as provided under par. (c) and held, as packaged, for sale at a venue identified under par. (b) , at an ambient temperature of 41 degrees Fahrenheit or below at all times."
Sources
Read the 24 passages this page is built on
  • “An egg producer who satisfies all of the following need not obtain a license under s. 97.29 to sell eggs, including nest-run eggs: … The number of egg-laying birds in the egg producer’s flock does not exceed 150.”

    Wis. Stat. § 97.28 · read 2026-10-07

  • “The egg producer sells the eggs directly to a consumer through one of the following venues: … At the premises where the eggs were laid. … At a farmers’ market located in this state. … On an egg sales route.”

    Wis. Stat. § 97.28 · read 2026-10-07

  • “The egg producer packages the eggs in a carton that is labeled only with the following information: … The egg producer’s name and address. … The date on which the egg producer packed the eggs into the carton.”

    Wis. Stat. § 97.28 · read 2026-10-07

  • “A date that falls no more than 30 days after the date on which the eggs were packed by which the eggs must be sold. … A statement indicating that the eggs in the package are ungraded and uninspected.”

    Wis. Stat. § 97.28 · read 2026-10-07

  • “The egg producer keeps the eggs, packaged as provided under par. (c) and held, as packaged, for sale at a venue identified under par. (b) , at an ambient temperature of 41 degrees Fahrenheit or below at all times.”

    Wis. Stat. § 97.28 · read 2026-10-07

  • ““Egg producer” means a person who sells eggs laid only by a bird or a flock of birds owned by that person. … “Egg sales route” means one or more residences inhabited by consumers who regularly buy eggs from an egg producer who travels to the residences.”

    Wis. Stat. § 97.28 · read 2026-10-07

  • “History: 2013 a. 245 … 2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Substances Board Orders filed before and in effect on October 1, 2026.”

    Wis. Stat. § 97.28 · read 2026-10-07

  • “An egg producer collecting, packing, and storing eggs from a flock of not more than 150 laying birds and who only sells the eggs directly to consumers at the premises where the eggs were laid, a farmers’ market, or on an egg sales route.”

    Wis. Admin. Code ATCP 88.02 · read 2026-10-07

  • “The eggs may or may not be washed, candled, and graded, and shall be labeled as ungraded and uninspected”

    Wis. Admin. Code ATCP 88.02 · read 2026-10-07

  • “no egg handler may conduct egg handling activities, including sales of eggs to a licensed egg handler, retail food establishment, food processing plant, or community-supported agriculture business, without a valid license issued by the department for a food processing plant under s. 97.29, Stats.”

    Wis. Admin. Code ATCP 88.02 · read 2026-10-07

  • “Except for egg producers selling eggs directly to consumers at the egg producer’s premises or as part of a community-supported agriculture business operated by the egg producer, no egg producer may sell eggs directly to consumers, including sales at a farmers’ market or on an egg sales route, without a valid license”

    Wis. Admin. Code ATCP 88.02 · read 2026-10-07

  • “An egg producer, exempt from food processing plant licensing requirements under sub. (2) (b), shall register with the department before selling eggs. … There shall be no fee to register.”

    Wis. Admin. Code ATCP 88.02 · read 2026-10-07

  • “Packing of eggs in used egg cartons shall only be done using clean cartons on which all markings that do not pertain to the eggs being sold, including brand name, USDA shield, date of pack, expiration date, use-by date, quality, and size are obliterated.”

    Wis. Admin. Code ATCP 88.32 · read 2026-10-07

  • “Eggs held for retail sale shall be held at an ambient temperature of 41 ° Fahrenheit (5 ° Celsius) or less.”

    Wis. Admin. Code ATCP 88.18 · read 2026-10-07

  • “Packages containing eggs which the producer sells directly to household consumers on the premises where the eggs are laid or as part of a community-supported agriculture business shall be labeled with the following: … The egg producer’s name and address.”

    Wis. Admin. Code ATCP 88.34 · read 2026-10-07

  • “If the eggs are not graded, the word “UNGRADED” shall be printed in letters at least 1/4 inch high on the principal display panel.”

    Wis. Admin. Code ATCP 88.34 · read 2026-10-07

  • “Small-scale producers (150 birds or fewer)”

    Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) · read 2026-10-07

  • “still are required to have a transient retail food establishment license to sell their eggs at farmers markets and on egg sales routes.”

    Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) · read 2026-10-07

  • “If the producer sells eggs at retail or wholesale, a food processing license is required.”

    Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) · read 2026-10-07

  • “Eggs must be sold directly to the consumer, not to a wholesaler or distributor. … Retail sale packaged eggs must be always kept at an ambient temperature no higher than 41°F.”

    Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) · read 2026-10-07

  • “Registration is required for egg producers who collect, package, and store nest−run eggs from a flock of laying birds owned by the producer. There is no charge for registering.”

    Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) · read 2026-10-07

  • “Anyone owning more than 150 birds that produce eggs is considered a large-scale producer. As a result, a Food Processing Plant License generally must be obtained to lawfully package and sell their eggs in Wisconsin.”

    Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) · read 2026-10-07

  • “Ungraded is a grade. Eggs labeled Ungraded must still be candled to remove defective eggs.”

    Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) · read 2026-10-07

  • “Small producers, i.e. those selling eggs directly to consumers from their premises, that may not have a packer identification number or shell egg handler registration number can use their complete name and address. In addition, small producers are exempt from nutritional labeling requirements.”

    Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) · read 2026-10-07

What we couldn't confirm
  • Conflict on candling: ATCP 88.02(2)(a) says exempt producers' eggs 'may or may not be washed, candled, and graded', while DATCP's Egg Sales & Licensing page says 'Eggs labeled Ungraded must still be candled to remove defective eggs.' The DATCP statement sits in a general grading section; this record follows the rule for small producers.
  • Registration: ATCP 88.02(4) requires free registration only for producers selling nest-run eggs to a licensed egg handler (sub. (2)(b)). DATCP's page lists the nest-run registration under small-scale producers, which may read as if every small producer must register; the rule does not say so.
  • Label scope: Wis. Stat. § 97.28(2)(c) says the carton is labeled 'only with' four items, while ATCP 88.34(4) lists the same items for on-premises sales and DATCP's general labeling list adds keep-refrigerated and safe handling statements for retail packages. Whether a small producer may add the safe handling statement is not addressed.
  • Temperature: the statute and ATCP 88.18(4) set 41°F for eggs held for retail sale; ATCP 88.18(2) sets 45°F for packed eggs in storage and transport. This record uses 41°F for eggs held for sale.
  • No change to Wis. Stat. § 97.28 since 2013 Act 245, and ATCP 88 sections read show only the 2015 rewrite (CR 14-037); the statutes site is current through 2025 Wis. Act 247 as of October 1, 2026. No 2025–2026 egg bill was found by web search; the Legislature's bill search was not queried directly.
  • DATCP's Egg Sales & Licensing page shows no date or phone number; the transient retail license fee and whether a county agent or DATCP issues it locally were not checked.

Selling across the state line?

The rules change at the border. Here's where Wisconsin'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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