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
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
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.
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