Prior to listing any food on eBay, sellers should read the Additional Information section to learn more about what food items are not permitted.
Some Examples
- All foods containing acid hydrolysed vegetable protein (liquid foods) should not have in excess of 0.02mg/kg of 3-monochlioropropane-1, 2-Diol (3-MCPD).
Additional Information
- 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 without fully informing the buyer at the time of sale of the nature of the transaction
- 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 Malaysia:
- Labelling requirements: There must be a statement or label legibly and durably written on or attached to the package of food indicating the trade name or description, the net weight or the number, true measure or volume, the quality, strength, purity, composition and proportion of the contents, and the name and address of the importer, manufacturer or packer. If the food is produced, prepared or packaged in Malaysia, the label shall be in Bahasa Malaysia and may include a translation in any other language, If the food is imported, the label shall be in Bahasa Malaysia or English and may also include a translation in any other language.
- 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 more information, please see the Customs (Prohibition of Imports) Order 1998 and Customs (Prohibition of Exports) Order 1998.
The links below can be used as a starting point for sellers to educate themselves about laws relating to food sales:
- Food Safety Information System of Malaysia - opens in new window or tab
- Malaysia Customs - opens in new window or tab
- Food Act 1983 and Food Regulations 1985
- Penal Code
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.
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 in Malaysia.