Illinois Egg Law

Retail requirements concerning packaging, labeling, rotation, repacking, record keeping, advertising, sanitation and storage are outlined in the following paragraphs. Retailers who do not comply with these and other provisions of the law are subject to monetary penalties.

Retail stores do not require an egg inspection license unless the retail location is  reselling eggs Wholesale.

Utilizing a virtual retail marketing platform to sell shell eggs that are delivered or shipped to the end consumer is considered a retail sale off the premises and therefore all retail sale requirements (wash, grade, candle, refrigerate, new consumer sized carton and properly labeled) shall be met. 

(410 ILCS 615/3.31) (from Ch. 56 1/2, par. 55-3.31) 
Sec. 3.31. "Retailer" means a person who buys candled and graded eggs or egg products from a licensed manufacturer, licensed handler, or licensed distributor for resale to a consumer only, or who buys candled or graded eggs or egg products to use in the preparation of other consumer foods for resale. 
(Source: P.A. 79-678.)

• Packaging - Eggs must arrive at the retail outlet in new consumer-sized packages, such as 6- or 8-egg containers, or 1, 1.5 or 2-dozen capacity cartons. Retailers may not pack loose eggs in any kind of carton. 

• Labeling - Retailers should check to make sure each case or carton includes the following information:
  
  • egg grade
  • egg size (see below for size classes)
  • name of packer
  • address of packer, distributor or retailer
  • packing or candling date expressed in Julian code. This consecutive numbering system assigns each day of the year a specific three-digit number. For example, Jan.1 is "001," while Dec. 31 is "365".
  • expiration or "sell by" code. For Grade AA, the code must indicate a date (month and day) up to 30 days after the packing date. For grade A, the code should represent a date up to 45 days after the date of pack.

• Egg Size or Weight Classes
  

• Rotation - Offering eggs for sale after their expiration date has passed is a

   violation of state law. Retailers are responsible for ensuring eggs offered for sale have not exceeded the expiration code marked on the carton. 

• Repacking - Retailers are not permitted to repack eggs that have been pulled from sale due to expired legal shelf life. These eggs must either be destroyed or returned to the supplier. Additionally, any damaged, cracked, spoiled or dirty eggs must be destroyed. These eggs cannot be sold or given away to anyone, including employees. See 8 IL Adm Code Section 65.190.

  Lot consolidation is allowed at retail under specific requirements. See 410 ILCS 615/3.21a; 410 ILCS 615/15; and 8 IL Adm Code Section 65.135.

• Documentation of Purchase - Retailers must retain invoices or copies of them at the store for 180 days after receiving a shipment. These documents must show:

  
  
  • Grade and size of eggs purchased.
  • Date and quantity of purchase.
  • Name and address of supplier.
  • Name and address of retail outlet.

• Advertising - Egg grade and size must be included in advertisements that state prices. Wording should not be misleading or deceptive. Claims of additional quality or special characteristics advertised on signs or displays in the store must be factual. 
  

• ​Sanitation and Refrigeration - Display cases and storage areas shall be kept clean and sanitary. Retailers shall store eggs off the floor in an area separate from chemicals, such as cleaning compounds and pesticides, and odor-imparting foods, such as onions, fish and broken eggs. Eggs on display and in storage must be refrigerated above freezing and at 45 degrees F or below at all times based on the Illinois Egg and Egg Products Act. The Illinois Food Code applies at retail which requires 41 degrees F or below.

  
  

Illinois Department of Agriculture
Egg Inspection Program
P.O. Box 19281
State Fairgrounds
Springfield, IL 62794-9281
Phone: 217.524-1550
TDD: 866/287-2999​
agr.eggs@illinois.gov