eBay doesn't allow the sale of alcoholic beverages on its U.S. website, except for pre-approved sales of wine (additional information below) and the sale of some collectible containers. Members outside the U.S. aren't permitted to sell alcohol to members residing in the U.S.
Make sure your listing follows our guidelines. If it doesn't, it may be removed, and your buying and selling privileges could be restricted.
Keep in mind that the alcohol restrictions apply only to items for sale on the U.S. eBay website (eBay.com). Alcohol may be sold on international eBay as permitted by local law. Please check the rules of each eBay website to find out what is allowed.
The U.S. Postal Service (USPS) doesn't allow the shipment of intoxicating liquors containing 0.5% or more alcohol by content. This means that collectible containers with any alcohol inside of them cannot offer USPS as a shipping option.
Private carriers such as FedEx and UPS may allow these items to be shipped.
What are the guidelines?
Allowed
Beer/wine making kits
Expired collectible coupons for alcohol
Foods with alcoholic ingredients and flavoring (such as liquor-filled chocolates, rum cake, and other items) as long as the item complies with our food policy
Hops, seeds for hops, and other raw materials to make beer or wine
Restricted
Empty alcohol bottles and containers (images in the listing must show item is empty)
Non-alcoholic wines are permitted in the wine category.
The sale of alcohol-related memorabilia is permitted, including packaging and unopened bottles, decanters, or limited edition cans that still contain alcohol.
Bottles of wine are not allowed, as their value is generally based on the wine in the bottle rather than the bottle itself. You can find additional information below.
Each of the following conditions must be met and stated word for word in the listing, in the same font size as the rest of the description:
– The value of the item is in the collectible container, not its contents.
– The container has not been opened and any incidental contents are not intended for consumption.
– The item is not available at any retail outlet, and the container has a value that substantially exceeds the current retail price of the alcohol in the container.
– The seller will take all appropriate steps to ensure that the buyer is of lawful age in the buyer’s and seller's jurisdiction (generally 21 years of age).
– Buyers and sellers both ensure that the sale complies with all applicable laws and shipping regulations.
We suggest copying and pasting this text directly into your listing.
Allowed
Collectible containers that may still contain alcohol. (Sellers must include the alcohol disclaimer verbatim in the listing.)
Empty collectible alcohol containers
Restricted
Collectible containers that contain alcohol and offer international or USPS shipping options.
Not allowed
Alcohol products intended for consumption
Collectible containers that contain alcohol with an item description that describes the container’s contents or implies the alcohol is consumable
Items that don't have the alcohol disclaimer verbatim in the listing (or in smaller font than the rest of the description)
Open containers of alcohol
Additional information
Wine
Generally, wine can't be sold on eBay. However, eBay allows a small list of licensed and vetted sellers to sell wine according to strict federal, state, and local laws. These requirements must be met when selling or buying wine on eBay.
Approved wine sellers
Sellers must include the following information within each item description:
Link to our alcohol policy page: http://pages.ebay.com/help/policies/alcohol.html
A lawful shipping policy that specifies the states to which they can ship wine (if any), and any restrictions on such shipments (for example, whether the wine can be shipped directly to consumers)
State-by-state eligibility requirements for potential buyers, indicating whether buyers in particular states would be required to receive wine at a particular location in the seller's state, instead of having it shipped directly.
Language which lets buyers know that the seller has been pre-approved by eBay prior to listing wine.
If you want to become a licensed seller of wine on eBay, please send an email to certified@ebay.com with the subject line: Wine Seller. Please include your contact information.
Wine buyers
In order to purchase wine on eBay from pre-approved wine sellers, buyers must meet the following requirements:
Be at least 21 years old
If the recipient of the wine isn’t the buyer, the buyer must make sure that the recipient is at least 21 years old
Make sure that the transaction follows all interstate commerce laws, including all laws around shipping and fulfillment
Buyers, by bidding on or purchasing these items, warrant and represent that they are aware of and are in compliance with their own state laws and regulations.
State laws
Every state in the U.S. has different laws for the sale of wine, especially when dealing with wine sales across state borders. Members should fully research and understand federal and state laws before listing wine. If you want to sell wine, you should also take the time to review state shipping restrictions that are below in the Requirements for wine-related transactions on eBay section. The Wine Institute is a great place to find more information on the laws for selling wine.
Requirements for wine-related transations on eBay
Here are the terms and conditions on which wine listed on eBay may be offered for sale or sold by a seller. These terms and conditions may change over time.
Limitation of liability: Both buyer and seller expressly acknowledge and agree that eBay shall not be liable for any special, incidental or consequential damages or lost profits (however arising, including negligence) resulting from or in connection with the sale of property on the eBay site.
Representations and warranties:
Each seller represents and warrants that:
The seller of the wine has the right, power, and authority to sell the wine.
The owner of the wine owns a liquor license.
The recipient (and buyer if different from the recipient) has proven he or she is 21 years of age or older prior to delivery.
The transaction will comply with all interstate commerce laws, including all laws around shipping and fulfillment.
Each buyer represents and warrants that:
The buyer of the wine is at least 21 years old.
The recipient of the wine is at least 21 years old.
The transaction will comply with all interstate commerce laws, including all laws around shipping and fulfillment.
Indemnification: The seller is solely responsible for compliance with all laws associated with the sale of wine. The seller indemnifies eBay of all responsibility associated with this sale. It is therefore the seller's sole discretion of the completion of the transaction based on its ability to assure that the transaction is in compliance with all laws associated with the sale of alcohol.
Shipping: Due to state and federal regulations governing the limitations of shipping alcohol, sellers can presently ship wine directly to buyers or recipients in the following states only: CA, IA, ID, IL, MN, NM, MO, ND, NE, OR, WV, WA. Due to state and federal regulations governing the limitations of shipping alcohol, some sellers may be able to ship wine to participating wholesalers and retailers in the following states: AZ, CO, CT, DC, FL, HI, IN, MA, MD, MI, MN, NC, ND, NH, NY, RI, TX, VA, WI. Since each state has its own regulations governing the shipment of wine, seller must clearly note which states it is able to ship to in the item description.
Age: Wine shipped by seller requires the recipient to be in possession of photo identification confirming he/she is 21 years of age or older. Buyer, if different from recipient, must also show proof of age.
State laws: Each state has its own regulations governing the sale and shipment of wine. Buyers must be aware of how the laws in their state affect their ability to receive wine. Buyers, by bidding, warrant and represent that they are aware of and are in compliance with their own state laws and regulations.
Why does eBay have this policy?
We want to make sure buyers and sellers understand and follow all laws and regulations concerning the sale of alcohol. Certain alcoholic products are prohibited by law and could harm members, so these products may not be sold on eBay.
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