Selling eggs from your personal hens: is it legally permissible to do so privately?
In the world of backyard farming, hobby chicken keeping is gaining popularity. Here's a comprehensive guide on what you need to know about raising chickens, selling eggs, and the associated regulations.
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When it comes to the sale of eggs, it's essential to understand the regulations. According to the Food Hygiene Ordinance (LMHV), eggs from hobby chicken keeping must be clean, undamaged, fresh, and stored hygienically. If you only occasionally give away eggs from pure hobby chicken keeping and do not aim for profits, this process is considered 'hobby' from a tax perspective. However, selling eggs for money requires compliance with certain regulations, as hobbyists can quickly be legally classified as 'food entrepreneurs.'
Selling eggs regularly for a fee may require registration as a small business for tax purposes. Income from these sales must be declared and may be subject to income tax and possibly trade tax, depending on the scale and regularity, while VAT usually does not apply if sales remain below certain thresholds. If you sell eggs regularly for a fee, you will quickly be considered a business for VAT purposes; the small business regulation (§ 19 UStG) often applies in this case.
It's important to note that giving away eggs in small quantities to friends, neighbours, or colleagues is completely unproblematic. If you keep fewer than 350 hens as a hobby, you can hand over eggs directly to end consumers on the farm or at the door without registration in the laying hen operation register and without a stamp requirement.
Selling eggs at farmers' markets releases the stamp/registration obligations, even with fewer than 350 hens, but always provide the laying date or the minimum shelf life (maximum 28 days after the laying date). Sorting eggs by size or labeling cancels out the simplification, as sorting is legally only allowed at approved packing stations.
Lastly, it's crucial to contact your responsible municipality or veterinary office in good time to clarify local requirements for private egg sales. The contents of this article are carefully researched but do not replace legal or tax advice. The legal situation and administrative practice can change and may be handled differently regionally.
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