Federal and State Regulations. The sale of food is regulated by the federal government and most state governments, and members that list food and food-related products should familiarise themselves with these laws before listing such items on eBay.
There are federal and state laws that require labels to state, among other things, the food's ingredients, nutrition information, and place of manufacture. Virtually all states require food manufacturers and sellers to register with or obtain a license from the state. There are also restrictions on the import, export, and transportation of many food products.
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
Prohibited Food Items: For the safety of eBay’s members, sellers may not list the following food and food-related items on eBay:
Listings containing drug claims-that is, a claim that the item is intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans and/or animals (for example, pharmaceutical drugs, or misbranded dietary supplements).
Non-pasteurized dairy products
Fruit and vegetable juice products that have not been heat pasteurized
Perishable items: Sellers who list perishable items should clearly identify in the item description the steps that they will take to ensure that the goods are delivered to the buyer safely. For example, sellers of perishable goods should offer overnight delivery and ensure that the goods are properly packaged.
Sealed Containers: All food and related products sold on eBay should be packaged or sealed to ensure that the buyer can identify evidence of possible tampering.
Expiration dates: All items must be delivered to buyers prior to a clearly marked expiration or "use by" date.
The links below can be used as a starting point for sellers to educate themselves about laws relating to food sales:
Australian Quarantine and Inspection Service
Australian Government Safe Food Information
Australia and New Zealand Food Authority
Australian Consumers Association - FDA Import Procedures
Why does eBay have this policy?
eBay urges its sellers and buyers to comply with all governmental laws and regulations. Since the sale of food is highly regulated or may cause harm to eBay or its members, members are encouraged to educate themselves on the laws governing its sale.
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