It is an offence to sell, offer for sale, or permit to be sold or offered, any intoxicating liquors without a licence in Malaysia. See Additional Information for more details.
Activity on eBay is required to follow this policy, the eBay User Agreement and all applicable laws, as well as respect the rights of third parties. If it doesn’t, eBay may take action consistent with applicable laws and the eBay User Agreement, and may even be legally required to do so. Such actions may include, as an example only: Removing the listing or other content, issuing a warning, restricting activity or account suspension.
Examples
Collectable Containers
eBay will permit sales of unopened collectable containers that still contain alcohol as long as each of the following conditions are met:
- The value of the item is in the collectable container, not its contents. (Bottles of wine are not permitted, as their value is generally based on the wine in the bottle rather than the bottle itself.)
- The listing description contains text stating that the container has not been opened, but that any incidental contents are not intended for consumption.
- The item must not be available at any retail outlet, and the container must have a value that substantially exceeds the current retail price of the alcohol in the container. Sellers take all appropriate steps to ensure that the buyer is of lawful age in the buyer and seller's jurisdiction (generally 21 years of age).
- Buyers and sellers both ensure that the sale complies with all applicable laws and postage regulations, including ensuring that any necessary licences or permits have been obtained.
Alcohol-Related Collectables
eBay permits the sale of alcohol-related collectables, including alcohol-related memorabilia, packaging and containers such as bottles, decanters or limited edition cans (provided you comply with the above collectable container sale guidelines).
Selling Chocolates with Liqueur in them
Food products that use alcohol for flavour do not fall within these laws and regulations.
Selling Wine- and Beer-Making Kits
Wine and beer-making kits will continue to be allowed on eBay, as long as the kits do not contain any alcoholic beverages.
Additional Information
- The sale of alcohol in Malaysia is regulated, and can only be made in accordance with a specific licence, issued under the Excise Act 1976. Some exceptions are the sale by retail of beer or toddy in unopened bottles having their proper seals and capsules intact or in unopened cans or in the case of Sabah, to a native selling by retail or offering to sell by retail any native liquor which is not a distilled liquor. Please see Excise Act 1976.
- It is an offence to sell by retail or offer for sale by retail, or permit to be sold or offered, any intoxicating liquors except under and in accordance with a licence in that behalf granted under the Excise Act 1976, which is additionally permitted only at that place, as specified in the licence. Since the applicable regulations apply to sale of alcohol by retail, wholesale as well as storage of liquors, the prohibitions may well apply even to selling (or offering to sell) by way of a ‘virtual shop’. Users of eBay are accordingly advised to obtain such relevant licences under the Excise Act 1976 before listing on eBay.
- All intoxicating liquors imported into Malaysia are subject to duties and 20% sales tax. Further, the Customs Regulations 1977 provides that no person shall import intoxicating liquor unless a licence has been issued or unless the liquor is intended for private consumption.
Why does eBay have this policy?
eBay wants to ensure its sellers and buyers comply with all local governmental laws and regulations. Since the sale of alcoholic products is regulated by law, and can only be permitted with an appropriate licence, sellers may not list the specified alcoholic products on eBay.
