Food policy

• 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 medicinal 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, contraception, inducing anaesthesia or otherwise preventing or interfering with the normal operation of a physiological function, whether permanently or temporarily, and whether by way of terminating, reducing or postponing, or increasing or accelerating, the operation of that function or in any other way (for example, pharmaceutical drugs, contact lenses, misbranded dietary supplements)
  • Noxious food items
  • Food which contains any prohibited substances or substances in excess of permitted proportions
  • Adulterated food
  • Non-pasteurised diary products
  • Wild mushrooms
• 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 expiry or "use by" date.

Examples of laws that sellers are required to comply with in the Philippines:

• Labelling requirements: There must be a statement or label legibly and durably written on or attached to the package of food indicating trade name or brand name, trademark, address of the manufacturer, importer, repacker, general make or active ingredients, net quality of contents, country of manufacture (if imported), expiry date (if applicable), among others.
• No misleading statements: No advertisement for food shall contain any statement (written, pictorial or descriptive) that is false or misleading about the nature, quantity, composition, effects, etc of the food or any ingredients thereof.
• Unsanitary Food: Food that is prepared, packaged or stored under unsanitary conditions.
• Import/Export: There are restrictions on the import and export of many food products. For example, the import of meat, fish, fruits and vegetables require prior approval from the appropriate authority.

The links below can be used as a starting point for sellers to educate themselves about laws relating to food sales:

Bureau of Food and Drugs - opens in new window or tab Web site

Consumer Act of the Philippines (Republic Act No. 7394) - opens in new window or tab

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 in Malaysia.