From collectibles to cars, buy and sell all kinds of items on eBay
  Home > HelpMembership & account > Rules & policies > Food
Help
Food and healthcare policy
In this article

Policy overview

Before listing food and healthcare items, you’ll need to familiarize yourself with federal and state laws and regulations. These items must:

  • Have a clearly marked expiration date

  • Be delivered to the buyer before they expire

  • Not be altered or changed in any way

  • Be stored safely before you ship them

When you list these types of items, you’re certifying that all safety conditions have been met.

To learn more about how to safely and legally sell food and healthcare items, visit the Food and Drug Administration (FDA) website and read the "Some examples" and "Additional information" sections below.

Make sure your listing follows these guidelines. If it doesn't, it may be removed, and you may be subject to a range of other actions, including restrictions of your buying and selling privileges and suspension of your account.

What are the guidelines

Allowed

  • Wild morel & shitake mushrooms

  • Caviar from non-sturgeon species can be shipped internationally, but the species must be clearly stated in the listing

Restricted

  • Sturgeon caviar is restricted to domestic shipping only

  • Cheese made with raw (unpasteurized) milk, provided that it complies with the FDA guidelines

  • Perishable items are permitted, but you must clearly identify in the description:

    • how you'll safely deliver the goods to the buyer (example: offer overnight shipping)

    • ensure that the goods are properly sealed

  • All food and related products should be packaged or sealed to ensure that the buyer can tell if they have been tampered with

  • All food items must have been stored safely prior to shipment and follow all storage directions on the item's packaging

  • Infant formula can only be listed if all of the following are met:

    • You deliver it to the buyer before the expiration date

    • The item's packaging is intact

    • The container and its contents haven't been tampered with in any way

    • It has been stored safely

    • Review the FDA's website for information about infant formula before you list it

  • All items must be delivered to buyers before a clearly marked expiration or "use by" date. All listings for food items are required to show the expiration date in the listing.

Not allowed

  • Listings containing drug claims. Items that claim the item is intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans and/or animals

  • Non-pasteurized dairy products

  • Fruit and vegetable juice products that haven't been heat pasteurized

  • Wild mushrooms

  • Akee fruit (including seeds)

  • Food items that are subject to recall by the FDA

  • Expired food items

  • Meals Ready to Eat (MREs) that have been expired for more than 3 years

Allowed

  • Unexpired personal hygiene products

  • New/unopened personal hygiene and cosmetic applicators

Restricted

  • Over–the-counter (OTC) medications, vitamins can be listed as long as:

    • The packaging is intact and the item hasn't been tampered with

    • The item can be delivered to the buyer before the expiration date

    • The item has been stored safely according to storage directions on item's packaging

  •  All healthcare and personal hygiene items must be delivered to buyers before a clearly marked expiration or "use by" date. All listings for these items are required to show the expiration date in the listing.

Not allowed

  • Prescription drugs and medications (See the prescription drug policy)

  • Prescription medical devices (examples include but are not limited to: eye glasses, contact lenses, CPAP machines, oxygen delivery components, etc. See the medical devices policy for additional information)

  • Over–the-counter medications that contain pseudoephedrine or ephedrine

  • Products containing ephedra or ma huang

  • Healthcare items subject to recall by the FDA or the CPSC

  • Expired over-the-counter medications, supplements, health, & beauty items


Additional Information

There are a variety of federal and state laws you need to follow when listing food items. Here are a few examples:

  • Ingredients: Federal and state laws require labels to state, among other things, the food's ingredients, nutrition information, and place of manufacture.

  • Food licenses: Almost all states require food manufacturers and sellers to register with or obtain a license from the state.

  • Import/export: Laws restrict the import and export of many food products.

Here are some links that will help you learn about laws relating to food sales:

Additionally, you should consult the FDA's website before you sell any healthcare or hygiene-related products.

Why does eBay have this policy?

Our sellers and buyers must comply with all federal and state laws and regulations. Since the sale of food and healthcare items are highly regulated or may cause harm to eBay or its members, you’re responsible for learning the related laws and regulations.


Contact Customer Support

Report listing violations or problems with another eBay member.

Contact us

Have a question? We can help.

Ask eBay members

Get help from other eBay members. Visit the Answer Center to post a question.

Related help topics

About eBay | Announcements | Security Center | Resolution Center | eBay Toolbar | Policies | Government Relations | Site Map | Help
Copyright © 1995-2009 eBay Inc. All Rights Reserved. Designated trademarks and brands are the property of their respective owners. Use of this Web site constitutes acceptance of the eBay User Agreement and Privacy Policy.
eBay official time