DATCP Home Egg Sales & Licensing

Egg Sales & Licensing

For the purposes of egg sales and licensing, egg producers are categorized in two ways: small-scale producers and large-scale producers.

Small-scale producers (150 birds or fewer)

Food Processing License Exemption
Act 245 signed reduces the licensing burden on small-scale egg producers so they can sell eggs more easily in the marketplace. The act exempts small-scale egg producers w ho sell eggs directly from the farm to consumers — at farmers markets and on egg sales routes — from having to acquire a food processing plant license for egg collection, cleaning, and packing activities.

A Transient Retail License may still be needed. Even though the new law allows small-scale producers to package eggs without a food processing plant license and sell them at their farm, they still are required to have a transient retail food establishment license to sell their eggs at farmers markets and on egg sales routes. Contact DATCP's licensing consultants to obtain a transient retail license application.

In addition, producers must still meet some basic food safety requirements:

Eggs must be sold directly to the consumer, not to a wholesaler or distributor.
Eggs must be packaged in a carton that is labeled with the producer's name and address, the date the eggs were packed into the carton, a sell-by date within 30 days, and a statement indicating that the eggs in the package are ungraded and uninspected.
Retail sale packaged eggs must be always kept at an ambient temperature no higher than 41°F.
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. Registration is a useful tool to the department in the event of an animal disease outbreak that requires food safety personnel to contact egg producers. Use the Nest Run Egg Producer and Seller Registration Form to complete the registration process.

Large-scale producers (more than 150 birds)

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. To learn more, visit DATCP's Food, Dairy, and Retail Food Licenses webpage.

The only exception, under new regulations, is the sale of nest-run eggs (those that are not washed, graded, or candled) from any size flock to an egg handler who holds a food processing plant license. In addition, the eggs must be fully labeled per the regulations outlined in the Egg Labeling section below. The eggs must also be stored at 45⁰ F during storage and transportation from producer to processor. Eggs at a retail location for retail sale must be held at 41⁰F.

Egg Collection & Washing

In most modernized commercial operations, eggs drop from the hens laying boxes to a conveyor where they are taken to a machine for washing. To clean and sanitize the eggs, a machine washes them in water heated to more than 90°F with a special cleaning solution. Once the eggs are washed, they are rotated as they pass by to look for dirt spots. If an egg is detected with dirt spots, the egg is routed back to the washer.

The contents of the egg are examined without cracking the shell. The condition of the shell, albumen, and yolk are all checked. Inferior eggs are removed.

In modern operations, to detect shell cracks, eggs are checked sonically. In a matter of seconds, tiny probes tap each egg and 'listen' for the different sound a cracked egg makes.

Once washed the eggs are packaged and shipped. Each package must be determined to be clean, in good condition and sufficiently strong to protect eggs from damage during distribution.

Within 36 hours of collection eggs must be brought to 45⁰F and after washing returned to 45⁰F for storage and transportation. At no time should the eggs be frozen.

Egg Quality Grade

The interior and exterior quality of an egg, referred to as the grade (AA, A, B, or Ungraded), is determined by a process called candling. The candling light allows the user to grade the interior quality of the egg. Ungraded is a grade. Eggs labeled Ungraded must still be candled to remove defective eggs.

The following combination of factors is used to determine the grade of an egg:

Distinctness of the yolk shadow outline. The shadow of the yolk outline cast on the shell, when the egg is twirled in the candling process is one of the best indicators of interior quality. As the egg ages the whites lose carbon dioxide and moisture causing them to become thinner, allowing the yolk to spin more freely in the egg. This creates a more clearly defined shadow of the yolk, when the egg is candled.
Air cell. The size of the air cell is another factor used to determine the grade of the egg. When an egg is first laid, it has a very small air cell or none at all. As the egg ages this air cell becomes bigger mostly due to the escape of gas and evaporation of water from the egg.

Higher grade eggs have a very shallow air cell. In AA quality eggs, the air cell may not exceed 1/8 inch in depth. Eggs of A quality may have air cells over 3/16 inch in depth. There is no limit on air cell size in Grade B.

Blood and meat spots can also be detected by candling light. The presence of large spots will downgrade an egg.
Cracks of the shell are also easier to detect when candling.

Egg Weights

In the grading process, eggs are examined for both interior and exterior quality and are sorted according to weight (size). Grade quality and size are not related to one another. The weight standards are as follows:

A dozen Jumbo eggs should weigh approximately 30 oz. or more.
A dozen Extra Large eggs should weigh approximately 27 oz. or more.
A dozen Large eggs should weigh approximately 24 oz. or more.
A dozen Medium eggs should weigh approximately 21 oz. or more.
Ungraded if eggs are not sorted by size.

Egg Labeling

Retail egg packaging must contain all of the following components to meet requirements as stated in Wisconsin regulations ATCP 88 and 90. Cartons must contain:

Declaration of product identity
Declaration of responsibility in the form of name and address, packer identification number P-### or shell egg handler number identifying the state of origin WI - ###.
Declaration of net quantity
Nutrition labeling
Grade and size of the eggs in letters not less than 3/16 inch high, or the word "Ungraded"
A “keep refrigerated" or an equivalent statement.
Date the eggs were packed. (DOP)
Expiration date or “sell by" date not more than 30 days from the packing date OR a “use by" date not more than 45 days from date of packing.
Safe handling statement, such as “To prevent illness from bacteria: Keep eggs refrigerated, cook eggs until yolks are firm, and cook foods containing eggs thoroughly."

Shipping packaging must contain the same information on one end with all the information in letters not smaller than ½ inch tall.

Exceptions to Egg Grading & Labeling Requirements

There are only two circumstances in which egg grading and labeling are not required by regulations:

Eggs being shipped from the producer to a packer are exempt as are eggs that a producer sells directly to household consumers on the premises where the eggs are produced.

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.