The Washington State Dept. of Agriculture (WSDA) is looking for feedback on changing the requirements for small farms selling eggs.

The Department is considering rule language that would establish and detail exempting egg producers and packers with flocks of 3000 birds or less that only sell eggs directly to the ultimate consumer from the requirements to obtain an Egg Handler Dealer Endorsement and needing inspections. This would exempt an egg packer with fewer than 3,000 laying hens from needing an egg handler dealer endorsement and from being inspected when only selling shell eggs directly to any household consumer, restaurant, institution, or any other party who has purchased or received their shell eggs for consumption.

This would be a good rule change and deserves your support. No doubt it will face opposition from industrial/commercial egg interest groups, so this would be a good time for us common folk who believe in revitalizing the availability of locally-grown foods to make our voices heard.

Please send your comments to:
Dan Mason
Training and Special Projects Coordinator - Food Safety
DMason@agr.wa.gov

It would remove the ambiguity in RCW 36.71.090 which would seem to already allow small-scale egg producers to sell eggs at farmers' markets (as well as sales through CSA' and on-farm sales which are already allowed) without a dealers' license, inspection or affixing egg seals (RCW 36.71.090 says "It shall be *lawful* for any farmer, gardener, or other person, without license, to sell, deliver, or peddle any ... eggs, ... produced ... by such person" without any reference to the location of the sale), but in practice WSDA seems to require an egg dealer's license to sell eggs at a farmers' market.

AND the proposed language would extend that exemption to include sales to restaurants, institutions, "or any other party who has purchased or received their shell eggs for consumption" [as opposed to for resale]. This is pretty cool!

So PLEASE email Dan Mason (DMason@agr.wa.gov) in SUPPORT of these proposed changes.

AND watch the issue closely as it unfolds to make sure no details in the small print end up making life hard for small-scale producers or negatively affect peoples' ability to make their own food choices. 

Inland FoodWise Online will continue to keep you informed on the progress of this initiative.

Background:

RCW 69.25.170 is where WSDA is authorized to make such a rule regarding exemptions related to egg sales. The 3000 bird number comes from USDA regulations (see WSDA's Handbook for Small and Direct Marketing Farms: "Farmers with a flock that is under 3,000 hens are exempt from USDA grade requirements and fall under state law Chapter 69.25 RCW ... Farmers who sell eggs from their own flocks and directly to consumers at the place of production (i.e., their home, farm, or to members at a CSA pickup location) do not need an “Egg Handler/Dealer” License. For these sales, farmers are also not required to use Egg Seals, labels, or new cartons..." https://cms.agr.wa.gov/WSDAKentico/Documents/DO/RM/RM/30_SellingEggs.pdf)

RCW 36.71.090
Farmers, gardeners, etc., peddling own produce exempt from license requirements—Exception.
It shall be lawful for any farmer, gardener, or other person, without license, to sell, deliver, or peddle any fruits, vegetables, berries, eggs, or any farm produce or edibles raised, gathered, produced, or manufactured by such person and no city or town shall pass or enforce any ordinance prohibiting the sale by or requiring license from the producers and manufacturers of farm produce and edibles as defined in this section. However, nothing in this section authorizes any person to sell, deliver, or peddle, without license, in any city or town, any dairy product, meat, poultry, eel, fish, mollusk, or shellfish where a license is required to engage legally in such activity in such city or town.

RCW 69.25.170
Exemptions (from egg dealers license) permitted by rule of director.
(1) The director may, by regulation and under such conditions and procedures as he or she may prescribe, exempt from specific provisions of this chapter:
(a) The sale, transportation, possession, or use of eggs which contain no more restricted eggs than are allowed by the tolerance in the official state standards for consumer grades for shell eggs;
(b) The processing of egg products at any plant where the facilities and operating procedures meet such sanitary standards as may be prescribed by the director, and where the eggs received or used in the manufacture of egg products contain no more restricted eggs than are allowed by the official standards of the state consumer grades for shell eggs, and the egg products processed at such plant;
(c) The sale of eggs by any poultry producer from his or her own flocks directly to a household consumer exclusively for use by such consumer and members of his or her household and his or her nonpaying guests and employees, and the transportation, possession, and use of such eggs in accordance with this subsection;
(d) The sale of eggs by shell egg packers on his or her own premises directly to household consumers for use by such consumer and members of his or her household and his or her nonpaying guests and employees, and the transportation, possession, and use of such eggs in accordance with this subsection;
(e) The sale of eggs by any egg producer with an annual egg production from a flock of three thousand hens or less.
(2) The director may modify or revoke any regulation granting exemption under this chapter whenever he or she deems such action appropriate to effectuate the purposes of this chapter.