Food and healthcare items policy 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. Violations of this policy may result in a range of actions, including: Limits on account privileges Forfeit of eBay fees on cancelled listings
Loss of PowerSeller status
Food Items Prohibited – these food items can't be listed on eBay. |
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 Akee fruit (including seeds) Meals Ready to Eat (MREs) that have been expired for more than 3 years
| Restricted – these food items are allowed as long as you comply with all laws and regulations surrounding the sale and/or shipment of the item. |
Sturgeon caviar is restricted to domestic shipping only Cheese made with raw (unpasteurized) milk, provided that it complies with the FDE 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.
| Allowed – these food items are allowed on eBay |
Wild morel & shitake mushrooms Caviar from non-sturgeon species can be shipped internationally, but the species must be clearly stated in the listing
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Healthcare Items Prohibited
Prohibited – these healthcare items can't be listed on eBay.
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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
| Restricted – these healthcare items are allowed as long as you comply with all laws and regulations surrounding the sale and/or shipment of the item. |
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.
| Allowed – these healthcare items are allowed on eBay |
Unexpired personal hygiene products New/unopened personal hygiene and cosmetic applicators
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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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