What are Michigan Health & Safety Laws for selling small flock eggs?

[Ohhhdear]

Anyone know how I can find out if Michigan has any health/safety laws for selling eggs? There's quite a few small flock owners near me with signs out, selling fresh eggs. Are there rules about not reusing egg cartons? Mandatory vaccinations? Inspections? Safe handling after laying? How do I find out?
The local feed mill buys and sells eggs for small flock owners, in reused cartons, so I'm wondering how restrictive the rules can be. Even with the salmonella outbreak from the huge egg companies, the feed mills are still selling like they used to.

 

[Ohhhdear]

OK... nothing like Google to find stuff, right?

Here's what I found when I searched for "egg safety laws michigan"



<<<Operating Policy for Egg Sales at Farmers' Markets

A workgroup was put together in 2008 to focus attention on regulatory issues facing vendors selling products at farmers’ markets. That workgroup consists of representatives from Michigan Farm Market Association (MIFMA), Michigan Integrated Food and Farming Systems (MIFFS) and MDA.
At the March 31, 2009 meeting, the regulation of shell eggs sold by producers to the final consumer was discussed. A representative of the Office of Attorney General (AG) was present to hear arguments regarding whether or not MDA has the authority to regulate shell eggs sold by the producer to final consumer or first receiver.
MDA has received an Attorney General opinion dated July 17th regarding “Exemption of egg producers from licensing as food establishments”. The opinion essentially says that Michigan’s specific 1963 Egg Law controls over the more general Food Law of 2000. Section 13 of the Egg Law states that “All producers shall comply with this act except those selling eggs of their own production direct to consumers or when delivering to a first receiver”.
Based upon the opinion, the department will not license or regulate eggs being sold directly by a producer to a consumer or being sold or delivered to a first receiver (“First receiver” means a person who receives eggs from a producer at any place of business where such eggs are to be candled, graded, sorted and packed or packaged”. “Consumer “ means a person purchasing eggs for his own family use or consumption).
FDA /USDA regulations would still apply to eggs, where applicable. Federal egg processing guidelines, created under the federal Shell Egg Surveillance Act, govern the registration and inspection of egg producers who manage large flocks of 3,000 or more hens.>>>

http://www.michigan.gov/mda/0,1607,7-125--212367--,00.html


Basically, I can sell from my house or at the farmer's market if I have less than 3,000 hens and am selling directly to the consumer. I can sell without being subject to the MDA food safety or egg laws.
I'm still not sure how the local feed mill can resell eggs unless they're considered a "first receiver" and they're putting the eggs in another carton (repackaging).

Anyone else know more from experience selling small flock eggs in Michigan? I'm asking because I can't use a dozen eggs a day from my girls and I have friends lined up to buy them.

 

[tasymo]

Thanks for posting this. I often find myself with more eggs than I can use, despite sharing them with friends and family! I've been considering putting out a "fresh eggs" sign, with cartoned eggs in a cooler for maybe $2 a dozen. I have hesitated, only because I wasn't sure of the rules regarding egg sales. It would be nice to have my Girls pay for their own feed!

 

[MosureMom]

I've been trying to find the information as well and have found nothing...I don't even see any requirements about grading eggs to sell straight to a consumer, or if I even need to grade them.

 

[Egghead_Jr]

I don't know about every state requirements but have read many. They all require you to write your name or farm name and physical address on every carton. This is a bare minimum requirement. Some states say any other grading or size markings (reused egg cartons) must be blacked out. And of course you would never write organic on a carton unless you were actually certified to do so.

It's really basic and not a concern to FDA or state authorities. Fresh eggs don't make people sick. If for some reason persons sold non fresh eggs and managed in such poor practice that a person did become sick then their address is readily found so health officials could stop them from sales until they pass inspection and alert the public through news to inform those who've already purchased products. It's the same for jellies and other canned goods sold in small amounts. A physical address needs to be on every package.

 

[FarmboyMI1253]

OK... nothing like Google to find stuff, right?

Here's what I found when I searched for "egg safety laws michigan"



<<<Operating Policy for Egg Sales at Farmers' Markets

A workgroup was put together in 2008 to focus attention on regulatory issues facing vendors selling products at farmers markets. That workgroup consists of representatives from Michigan Farm Market Association (MIFMA), Michigan Integrated Food and Farming Systems (MIFFS) and MDA.
At the March 31, 2009 meeting, the regulation of shell eggs sold by producers to the final consumer was discussed. A representative of the Office of Attorney General (AG) was present to hear arguments regarding whether or not MDA has the authority to regulate shell eggs sold by the producer to final consumer or first receiver.
MDA has received an Attorney General opinion dated July 17th regarding Exemption of egg producers from licensing as food establishments. The opinion essentially says that Michigans specific 1963 Egg Law controls over the more general Food Law of 2000. Section 13 of the Egg Law states that All producers shall comply with this act except those selling eggs of their own production direct to consumers or when delivering to a first receiver.
Based upon the opinion, the department will not license or regulate eggs being sold directly by a producer to a consumer or being sold or delivered to a first receiver (First receiver means a person who receives eggs from a producer at any place of business where such eggs are to be candled, graded, sorted and packed or packaged. Consumer means a person purchasing eggs for his own family use or consumption).
FDA /USDA regulations would still apply to eggs, where applicable. Federal egg processing guidelines, created under the federal Shell Egg Surveillance Act, govern the registration and inspection of egg producers who manage large flocks of 3,000 or more hens.>>>

http://www.michigan.gov/mda/0,1607,7-125--212367--,00.html


Basically, I can sell from my house or at the farmer's market if I have less than 3,000 hens and am selling directly to the consumer. I can sell without being subject to the MDA food safety or egg laws.
I'm still not sure how the local feed mill can resell eggs unless they're considered a "first receiver" and they're putting the eggs in another carton (repackaging).

Anyone else know more from experience selling small flock eggs in Michigan? I'm asking because I can't use a dozen eggs a day from my girls and I have friends lined up to buy them.

Why are you so concerned? If locals are purchasing the eggs, what is it to you? I"m sure the feed store is offering these eggs more as a service to their clients and customers than a profit making enterprise. Likely, they are in transport to the first consumer. Look for something else to irk you. This is just none of yours.....

 

[U_Stormcrow]

Check your state's definition of "Shell Egg" for additional requirements.

For your purposes, this is key -
(10) This act does not apply to a person who meets all of the following requirements:
(a) Is directly responsible for producing eggs from fewer than 3,000 hens.
(b) Only sells eggs directly to consumers or first receivers.
(c) Only sells eggs in containers that each bear a label stating "packaged in a facility that has not been inspected by the department.".
(d) Does not sell eggs through the internet or by mail order or consignment.

Each state is a little different - in FL, I can NOT sell the eggs in containers, have to sell from flats, no cartons, with a sign "these eggs have not been graded for size or weight".

 

[MamaHen74]

Relatedly, I'm trying to find the rules for labeling eggs as pasteurized. We do pasteurize (some) of ours, as my FIL has health conditions that require it if he's going to eat the eggs and it's just too much risk to leave them in the shared fridge otherwise. I haven't been pasteurizing the ones I sell, mostly because I don't want to run afoul (a-fowl?) of food labeling laws when no one has inspected my setup. Any links? This would also be for Michigan unless there's a superseding Federal law.

 

[U_Stormcrow]

Relatedly, I'm trying to find the rules for labeling eggs as pasteurized. We do pasteurize (some) of ours, as my FIL has health conditions that require it if he's going to eat the eggs and it's just too much risk to leave them in the shared fridge otherwise. I haven't been pasteurizing the ones I sell, mostly because I don't want to run afoul (a-fowl?) of food labeling laws when no one has inspected my setup. Any links? This would also be for Michigan unless there's a superseding Federal law.

I would be very suprised if you could legally label the eggs pastuerized even if you do everything perfectly, if the facility isn't inspected. As I am **NOT** a lawyer, I am hesitant to go digging deeper to offer a stronger opinion or a potentially relevant link - for fear of not including another relevant link which says otherwise, or missing a key administrative ruling.