Committee backs bill allowing reused egg cartons for in‑state small sellers; department warns of federal conflict

The Energy and Natural Resources Committee voted to recommend House Bill 1186 after a hearing in which sponsors said the change is intended to protect small, in‑state farmers who sell eggs directly to consumers.

"This is really important to put into statute to protect our small farmers," Representative Barbara CompTisar said, explaining the bill allows reused cartons for intrastate sales as long as the eggs are clearly labeled "not graded" and sellers post signage that eggs are not sized or graded.

The sponsor and supporters framed the bill narrowly: it exempts only intrastate, small‑scale sellers and does not change requirements for commercial egg producers. "This doesn't affect commercial farmers or commercial egg producers but the small local farmer," Representative Liz Barber (Hollis, District 35) told the committee.

But Director Wyman of the Department of Agriculture testified in opposition, saying the department lacks the training and capacity to enforce grading and size complaints if the statute creates an exemption. "By federal law…grading in size is not required. But if you do grade and size, you have to meet federal requirements for grade and size," Director Wyman said, and warned that federal refrigeration and grading regimes could clash with a state‑level exemption. He also said the department's inspectors are not certified for grading and that enforcing complementary federal requirements would be difficult.

Farm groups urged the committee to support the sponsor's compromise. "We are in support of the bill," Rob Johnson of the New Hampshire Farm Bureau told members, and noted a UNH Extension food specialist raised no concerns with the House language.

After brief discussion, the committee moved HB1186 out with a recommendation of OTP (ought to pass) by voice consent. The committee closed the hearing on the bill and indicated sponsors and staff will reconcile technical implementation questions in follow‑up as needed.

What happens next: HB1186 will advance with the committee's recommendation; implementation and any needed clarifying language about intersecting federal rules remain a topic for the sponsors and agency to resolve.