Michigan direct-to-consumer compliance guide, 2026
Eggs
Small flocks can sell direct without an MDARD license if they follow the labeling and cold rules.
Farm Exempt (Under 3,000 Hens)- 3,000Hen limit for the license exemption
- 45°FMaximum egg storage and transport
- Direct onlyConsumers or first receivers
- 0Online, mail order or consignment
YesWhat's covered
- Producers with fewer than 3,000 hens selling directly to consumers
- Sales to a first receiver (a licensed shell egg processor)
- Farm stand and farmers market sales with carton label statement
- Eggs washed, candled and held at 45°F or below
NoNeeds a different path
- Sales through the internet, mail order or consignment under the exemption
- Selling to stores, restaurants or distributors without a license
- Flocks of 3,000 or more hens: inspection, FDA registration and grading
- Ungraded eggs that fail grade B standards
Three compliance steps
- A
Check eligibility
You are exempt from MDARD licensing only if you produce eggs from fewer than 3,000 hens, sell only to consumers or first receivers, label each container, and avoid internet, mail order and consignment.
- B
Handle eggs cold and clean
Refrigerate at 45°F or below. State law requires cold holding and transport once eggs are 36 hours past lay. Wash with potable water and approved sanitizer, and candle for defects.
- C
Label cartons
Include the name and address of the seller, 'Keep refrigerated', and 'Packaged in a facility that has not been inspected by Michigan Department of Agriculture and Rural Development'.
Quick reference
| Item | Rule | Regulator |
|---|---|---|
| License exemption | Fewer than 3,000 hens; direct to consumers or first receivers only | MDARD |
| Carton statement | Packaged in a facility that has not been inspected by the department | MDARD |
| Storage temperature | 45°F ambient or below; at market and in transport | MDARD / MCL 289.7114 |
| Sales channels | No internet, mail order or consignment under the exemption | MDARD |
| Retailers and wholesalers | First receivers, retailers and distributors must hold MDARD licenses | MDARD |
| 3,000+ hens | Annual inspection, FDA registration and 21 CFR 118 shell egg rule | MDARD / FDA |
Frequently asked questions
Can I ship eggs to customers?
Not under the exemption. Internet and mail order sales are excluded. A license is needed for those channels.
Do I have to grade my eggs?
Licensed processors label grades AA, A or B. The MSU info sheet lists the Julian pack date as recommended, not required, for small flocks.
Can I sell at a farmers market?
Yes, if eggs stay at 45°F or below and cartons carry the required statements. Market rules may add requirements.
Printable checklist
- Confirm flock is under 3,000 hens
- Install a thermometer in the refrigerator
- Test water for potability annually (municipal source)
- Wash, sanitize and candle every batch
- Print carton label with required statements
- Keep eggs at 45°F or below at market
- Do not sell online, by mail or on consignment