Liability for selling eggs

18 years ago

Do those of you who sell eggs, ever worry about the liability if someone says they got sick from eating your eggs?

In my area there are 2 farms that sell eggs to people off the road and advertise as either organic and/or free ranging.

I've heard we don't have salmonella in upstate NY, don't know if that is true or not but I get nervous thinking

I could get sued.

How would you know if they were telling the truth or not?

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Comments (11)

fancifowl
18 years ago
best bet is call your state dept. of agriculture. Don't rely on hand me down advice. Remember, there is a money grabbin' lawyer under every rock !
eric_wa
18 years ago
marquisella,
I was hoping more experts would chime in. I have the same questions. Our five family CO-OP are raising duck eggs. The Campbells started laying eggs on Wednesday 11th. The 13 hens will produce more eggs then the members will use. We are hoping to sell surplus to Bed and Breakfast and/or individuals. So far we have 3 eggs, not a immediate concern.
At our farmers market we can no longer sell procesed goods. That is if we don't have a Certified Commercial kitchen. We can sell lettuce,but not prepared mixed greens. We can sell fruits and berries, but not jams and jellies. The Grange is setting up a kitchen to use. Trying to schedule around that is a big hassle.
Eric
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It all boils down to your state regulations, so you need to find out the particulars.....state by state. There are exemptions in my state for things like food pantries. Some of the regulations call for licenses not for the producer, but the distributor like little farm stalls or even farm market sellers who may want to buy eggs from you. Most state regulatory agencies are easy to work with and a simple phone call can answer all your questions. Even if you sold out the backdoor here, and are not inspected, you still have to comply with certain handling and carton marking laws and that includes if you sell to private people. You may get by with it, and I'm sure it's done all the time, but if money exchanges hands you might be found out after the fact to have been outside of the law and when that happens, fines or liability can be the result. It's too easy to do it the way your state defines not to bother to check it out. You can also ask your extension agent for help if this seems to daunting.
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You don't need 'ammunition' talk to the store manager about this issue. Just pick up the phone or speak to him/her when you are in the store and ask them to give you some information on their new product. Come right out and ask about the product's legitimacy since you think it's home-canned. Believe me, no store want's their customers worried about food safety, and they usually bend over backward to put a damper on any question about it. I am also from Ohio and many of our markets carry specialty products now from smaller, local producers. I like that trend, myself. They are as you said, often jarred to look home canned, on purpose because it implies it's as good as home canned. If you are not convinced after talking to the manager, do as the previous poster says and call your health department. In my state, there are products truely home canned, but it requires a license to do it and they're inspected like any other facility.
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You need to check with your state Department of Agriculture. Most states have laws governing egg sales. Most require that the eggs be clean and in clean, new cartons. They must be refrigerated or kept in a cooler at a certain temperature. I think here in KY if they're older than a month they can't be sold. In all liklihood your local extension office could also provide you with your states rules and regulations regarding the sale of eggs. Here's something from the Michigan Dept of Agr. Q&A Must an egg producer selling shell eggs at the farmers' market keep those eggs refrigerated? Is the producer permitted to re-use labeled egg cartons bearing another distributor's name and address on the carton? Eggs sold by the producer must be held at refrigeration temperatures at the farmers' market. This is because eggs are capable of supporting the growth of Salmonella. The labeling information on a carton identifies the type of egg, size of the egg, grade of the egg, and the name of the responsible party and address. Law does not permit re-using egg cartons or other packaging materials bearing the identity of another producer. Farmers selling eggs of their own production are not required to hold a separate license at a farmers' market if they are already licensed at their packing location. Vendors selling eggs not of their own production are required to hold a food establishment license at a farmers' market. That makes it sound like you have to have some sort of egg license at your place of origin Janet
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If your selling farm fresh eggs from home just do it! If you are packaging the eggs for resale at a retail outlet you will need to follow Mo. egg law. They will need to be graded as to size,candled for clarity, and packaged with the producers name and address with egg license # Lee Here is a link that might be useful: Mo. Egg Law
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mountainman_bc
18 years ago
Salmonalla is everywhere. It can survive freezing. I don't think it is an issue with eggs if your chickens are always reasonably clean and healthy. I wash my eggs lightly before sale.
gw:lost-in-the-garden
18 years ago
Make sure you're careful when washing the eggs. There's a natural membrane called the bloom. This keeps bacteria from seeping into the eggs' pores. If you aren't familiar with this, I'd suggest some research on the subject since you'll be selling them.

It is strongly recommended that you not wash eggs that will be incubated. The warmth from the incubator helps the bacteria to thrive.
forest_er
18 years ago
I went to our county AG extention office and they got me dialed in .....
erinluchsinger
18 years ago
As someone else stated, Salmonella is everywhere, even here in Upstate NY.
Curious to know where in upstate you are (I live just south of Syracuse). Also, do you have any extra roosters? I have a friend looking for a rooster her's died. I'm having a tough time finding her an adult rooster!
Erin in Tully
marquisella
Original Author
18 years ago
The person that told me worked for a Cooperative Extension and was the food educator.

I thought it was strange myself.

I am near Oneida, east of Syracuse and I just gave away a nice big Buff Orpington rooster last week, don't have any more.

I always rinse off my eggs with cool water. I read that you shouldn't use hot water, because it allows the bacteria to enter the egg more easily.

M
erinluchsinger
18 years ago
Howdy neighbor to the East!
Too bad you got rid of your buff orp. rooster! My friend could have put him to good use!
I found a few in the paper this weekend, hopefully she can get one of them.
Glad to hear back from you. There are a few Upstaters on this forum (and by that, I mean Real upstate.... aka: near us!).
Erin
marquisella
Original Author
18 years ago
I'm thinking of getting some Welsummers & Marans in the spring. And some more Ameraucanas. If I do, then I need to do something with the extra eggs. I might try and get some of my co workers to buy them. At least that way, I don't have to deal with people I don't know.

And I'm not home during the day, so its not convenient either to sell off the street.

Hope all the Upstaters are staying warm....

Marquisella
treasurificgal
18 years ago
I sell my surplus eggs to our local feed store, which helps supplement our feed bill. I wash the eggs in cool water. I haven't had any trouble with complaints.
ceresone
18 years ago
And--i cant even give my roosters away!! black or white giant?
aracuna? buff cochin? or maybe a dozen bantam roosters?

Liability for selling eggs

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fancifowl

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