Idaho D2C Compliance — Eggs

GUIDE #9

EGGS

Shell eggs sold fresh, ungraded or graded

Idaho Direct-to-Consumer Compliance Guide — Updated for 2026

OVERVIEW

Idaho gives small egg producers a direct exemption: if you sell shell eggs produced on your own premises directly to consumers at that place of production, you can sell them ungraded with no grading license. If you have 300 hens or fewer, you can also sell ungraded eggs to retailers (clearly marked "Ungraded" with your name/address). Selling off-site (farmers market, delivery, online) generally falls under the Direct-to-Consumer Commerce Act's perishable-food handling rules, since eggs are a temperature-sensitive product.

CORE IDAHO DIRECT-TO-CONSUMER COMMERCE ACT RULES

• No license, permit, registration, fee, or routine inspection is required to sell qualifying homemade shelf-stable or perishable food/drink products direct to consumers.

• Sales must be direct, informed-consumer transactions occurring entirely within Idaho — production, processing, packaging, sale, and delivery must all happen in-state. No interstate shipping.

• Allowed sales channels: your home, farm, or ranch; a farm stand or farmers market; a cooperative market; and online/mail-order/delivery as long as the whole transaction stays inside Idaho.

• Not allowed: wholesale sales, consignment, sales to restaurants/retail stores/grocers, or resale by the buyer.

• The law does not apply to restaurants or food trucks, and it does not override federal meat inspection law or Idaho's separate raw-milk/dairy statute.

WHAT'S ALLOWED

• Selling ungraded shell eggs directly to consumers at your farm/home (no grading license needed).

• Producers with 300 or fewer hens: selling ungraded eggs to retailers with proper "Ungraded" labeling.

• Off-site direct sales (markets, delivery) under the Act's perishable-food provisions.

REQUIREMENTS & LABELING

• Keep eggs refrigerated (industry best practice: 45°F or below) from collection through sale.

• Cartons must be clean, and eggs should be free of visible cracks.

• If selling off your premises, follow the Act's disclosure requirements: Display a conspicuous sign, product label, or card stating: "This product is not subject to government food safety inspection or licensing requirements. It may contain allergens." Include your name and contact information (address, phone, or email). Include a full ingredient list if the product has two or more ingredients.

• If you do choose to grade your eggs, they must meet official Idaho Consumer Grade AA/A/B standards and be labeled with grade, size, and your name/address — words like "fresh," "country," "ranch," or "hennery" cannot substitute for an actual grade declaration.

LICENSING / REGISTRATION

• Grading/distributor license from ISDA only needed if you candle and assign an official grade, or distribute beyond the on-premises/300-hen exemptions above.

WHAT'S PROHIBITED

• Using "fresh," "country," "ranch," or similar words as a substitute for a required grade label.

• Selling cracked or dirty eggs.

• Leaving eggs unrefrigerated for extended periods before sale.

RECORDKEEPING

• Flock size and collection dates.

• Sales location and volume records.

SALES TAX (APPLIES TO EVERY CATEGORY ON THIS LIST)

• Idaho has no sales-tax exemption for cottage/home producers. Once you make more than two retail sales in a 12-month period, you need an Idaho seller's permit (free from the Idaho State Tax Commission).

• Selling at a single event or only occasionally? A temporary seller's permit (valid 90 days) may fit instead of a regular permit.

• Idaho residents selling less than $5,000/year and meeting other conditions may qualify for the small-seller exemption (no permit needed) — confirm eligibility with the Tax Commission.

• Farmers-market and event vendors: register with the event/promoter and apply for your permit at least ~10 days before the event.

Idaho State Tax Commission — tax.idaho.gov/salesusehub — (208) 334-7660

AGENCY CONTACTS

• Idaho State Dept. of Agriculture (ISDA) — (208) 332-8500 — agri.idaho.gov

• Idaho Dept. of Health & Welfare, Food Protection Program — (208) 334-5938 — foodprotection@dhw.idaho.gov

Disclaimer: This guide summarizes Idaho and federal law as understood in September 2026, based on the Idaho Direct-to-Consumer Commerce Act (SB 1283), Idaho Statutes, IDAPA rules, and the agencies cited above. It is for general educational purposes only and is not legal advice. Laws, rules, and fees change — confirm current requirements with the listed agency before you begin selling, and re-check periodically.