eBay does not permit the sale of alcoholic beverages on its U. S. website, except for certain pre-approved sales of wine (see Additional Information) and certain sales of collectible containers. Further, non-U.S. members may not conduct alcohol sales with any eBay member residing in the United States.
Violations of this policy may result in a range of actions, including
Listing cancellation
Limits on account privileges
Account suspension
Forfeit of eBay fees on cancelled listings
Loss of PowerSeller status
Collectible Containers
We will permit sales of unopened collectible containers that still contain alcohol as long as each of the following conditions are met and stated verbatim in the listing:
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 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.
*Bottles of wine are not permitted, as their value is generally based on the wine in the bottle rather than the bottle itself.
Alcohol-Related Collectibles
eBay permits the sale of alcohol-related collectibles, including alcohol-related memorabilia, packaging and containers such as bottles, decanters or limited edition cans (provided you comply with the above collectible container sale guidelines).
Note: The United States Postal Service (USPS) does not allow the shipment of intoxicating liquors containing .5% alcohol content or greater, whether in collectible containers or otherwise. Under certain circumstances, private carriers such as FedEx or UPS may offer such services. For more information please visit: http://pe.usps.gov/cpim/ftp/pubs/Pub52/pub52c4.pdf.
Selling rare wine on Live Auctions
eBay permits the sale of wine on Live Auctions by licensed auction houses and dealers, because we can be sure that the potential problems regarding alcohol sales can be overcome through careful vetting of licenses and procedures. If you as an individual want to sell alcohol on Live Auctions, we suggest that you contact one of the authorized sellers on the site.
Selling Chocolates with Liqueur in them
Food products that use alcohol for flavor do not fall within these laws and regulations
Selling Wine- and Beer-Making Kits
Wine and beer-making kits will continue to be allowed on eBay, as long as the kit does not contain any alcoholic beverages.
Wine Sellers – Pre-Approved
Generally, the sale of wine on eBay is prohibited. However, eBay allows a small list of licensed and vetted sellers to participate in the sale of wine within a controlled environment on the site. Because there are very stringent laws governing the sale and purchase of wine, eBay limits sales in the category to these sellers. In order to ensure that sellers and buyers comply with these laws, eBay has outlined the strict requirements below that must be met when selling or buying wine on eBay. Sellers must include the following information within each item description:
Link to this page: http://pages.ebay.com/help/policies/alcohol.html
Their lawful shipping policy which must specify the states to which they can lawfully 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 bidders, indicating among other things whether buyers in particular states would be required to retrieve the wine from a particular location in the seller's state, instead of having it shipped to them
Language which informs potential bidders that the seller has been pre-approved by eBay prior to listing wine on the eBay Site
Note: The information above is not required for licensed auction houses and dealers listing in Live Auctions.
If you as an individual want to sell alcohol on eBay, we suggest that you contact one of the licensed sellers on the site. 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:
Must be at least 21 years old
If the recipient of the wine differs from the buyer of the wine, the buyer must ensure that the recipient is at least 21 years old
Must ensure that the transaction will comply with all inter-state commerce laws, including all laws around shipping and fulfillment
Buyers, by bidding, warrant and represent that they are aware of and are in compliance with their own state laws and regulations.
State Laws
Each U.S. state has different laws around the sale of wine, particularly in relation to interstate trade. To learn more about the laws associated with a particular state, click on the state below for more information. Additionally, Wine Institute is a great website that offers information around the laws associated with the sale of wine.
Requirements for Wine Related Transactions on eBay
The following, which may from time to time be amended by posted notice, constitutes the terms and conditions on which wine listed on eBay shall be offered for sale or sold by Seller.
Limitation of liability: Both buyer & 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 & Warranties:
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 it's 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. See below to learn more about State Shipping Laws.
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 your own state affect your 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. See below for more information on state laws.
Why does eBay have this policy?
eBay wants to ensure its sellers and buyers comply with all governmental laws and regulations. Since the sale of certain alcoholic products is prohibited by law, regulated, or may cause harm to eBay or its members, sellers may not list the specified alcoholic products on eBay.