Prohibited & Restricted Items for Sale

Although you can find just about anything online, there are some rules that restrict the sale of certain items. Failure to follow these rules can result in account suspension and other penalties, so it’s very important for you to understand them thoroughly.

Listed below are eBay’s policies on restricted goods. eBay modifies these regulations periodically, so check the website for the most current information:

http://pages.ebay.com/help/policies/items-ov.html

Acceptable items:

• Liquor bottles, cans and decanters that are empty.
• Liquor bottles, cans and decanters that still have alcohol in them, even ones that have been opened, so long as the container is worth more as a collectible than the contents (for example, old or uniquely shaped bottles). Listings should include a disclaimer that the contents are not intended for consumption and the item won’t be sold to anyone under 21 years of age.
• Alcohol-related items, like signs, ads, promotional materials, and books with cocktail recipes.
• Food containers that have value as collectibles (e.g., old cracker tins), as long as they don’t have food residue.
• Food-related items (dishes and preparation tools, ads and promotional items).
• Tobacco-smoking devices (pipes and hookahs).
• Tobacco containers that are collectible (e.g., old cigar tins, rare cigarette packages), even if they still contain tobacco. These listings should include a disclaimer that the tobacco is not intended for consumption and won’t be sold to anyone under 18 years of age.
• Tobacco-related promotional items (e.g., hats, t-shirts, mugs, ashtrays, etc.).

Unacceptable items:

• Liquor bottles and decanters whose contents are worth more than the containers, for example, bottles that are currently sold in grocery stores.
• Homemade alcohol.
• Wine or champagne, unless the container is considered collectible.
• Food intended for consumption or food containers that have residue in or on them.
• Tobacco products (cigarettes, cigars, smokeless tobacco) or coupons for tobacco products.

Acceptable items:

• Products made from non-endangered animals (e.g., mounted deer heads and moose antlers, lion-skin rugs, etc.).
• Items that contain ivory, so long as the ivory came from an African elephant and was lawfully imported into the US. Most decorative collectibles containing ivory fall into this category, so chess sets and ivory carvings are OK to sell.
• Scrimshaw (whale ivory).
• Alaskan Native articles (clothes, crafts, etc.) made from marine mammals (whales, dolphins, otters, etc.).
• Antique or vintage purses, wallets, shoes and belts made from alligator or crocodile hide.
• Most fur coats, except those made from endangered species (such as cheetahs, jaguars and leopards).
• Stuffed non-migratory birds (turkeys, pheasants, quail, etc.) unless they’re protected by state laws.

Unacceptable items:

• Live animals.
• Products made from endangered species (bears, mountain lions, some species of jungle cat, some species of zebra, etc.).
• Tortoise shell (items made from actual tortoise shells — plastic tortoise shell is fine).
• Internal organs from animals (sold for medicinal or any other purpose).
• Stuffed migratory birds (ducks, geese, hawks, owls, ravens, etc.). The only exception is captive-bred Mallard ducks. The seller must state in writing that the duck was bred in captivity.

In addition, California state law strictly prohibits the sale of bodies or parts of the following animals: alligator, crocodile, polar bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf ( Canis lupus), zebra, whale, cobra, python, sea turtle, colobus monkey, kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin or porpoise (Delphinidae), Spanish lynx, elephant, and any species (animal or plant) that is protected by the Federal Endangered Species Act of 1973. You can look up an animal’s status here: http://endangered.fws.gov/wildlife.html

Acceptable items:

• Batteries used in laptops, PDAs, flashlights, modern toys, and other current items.
• Battery chargers.

Unacceptable items:

• Batteries that contain mercury, including mercuric oxide batteries (often used in vintage cameras).

eBay has no stated policy on these; however security companies sometimes lease, rather than sell, the equipment to customers. If the customer cancels the service contract, they may be legally obliged to return the equipment to the company.

eBay has no stated policy on these; however eBay prohibits the sale of items that have been recalled. If someone asks you to sell a car seat, check to make sure that the item hasn’t been recalled.

Acceptable items:

• “Designer-Inspired” items that don’t contain markings that infringe on trademark copyright (e.g., labels, tags, logos, etc.) — for example, a purse that has the same shape and style of a Louis Vuitton but doesn’t use the Louis Vuitton name or logo anywhere, is acceptable to sell.

Unacceptable items:

• Counterfeit or “Designer-Inspired” items that have any markings that infringe on trademark copyright (e.g., an exact replica of a Louis Vuitton purse or Rolex watch).

Acceptable items:

• Items of historical importance associated with acts of violence against public figure (e.g., a book about the assassination of JFK).
• Books, photographs and videos about criminals and criminal behavior.
• Books, photographs and documentaries showing war victims.

Unacceptable items:

• Autopsy reports.
• Photographs of crime scenes or morgues.
• Letters and artwork from notorious murderers.
• Electric chairs and related capital punishment items.
• Books and videos that promote, glorify or instruct the viewer on how to commit crimes.
• Personal items that belonged to criminals, or items that were used to commit crimes or used as evidence in criminal proceedings.

Unacceptable items:

• Any fireworks, including bottle rockets, roman candles, smoke bombs, sparklers and party poppers.

Acceptable items:

• Grenades and mines that contain inert materials and cannot be converted back into live ammunition (e.g., a mortar shell that’s been turned into a flower vase — search for “trench art” on eBay to see examples of this).
• Firearm accessories like holsters, carrying cases, and scopes.
• Firearm-related books, magazines, and collectibles (brochures, hats, t-shirts, etc. from firearm manufacturers and organizations like the NRA).
• Paintball guns and accessories.
• Airsoft guns and accessories.
• Cap guns and other toy guns.
• Replicas and novelty items (e.g., a cigarette lighter shaped like a gun) that are clearly marked as replicas — the most common marking is a bright orange plug inserted in the barrel.

Unacceptable items:

• Any type of gun not on the Acceptable Items list at left, including handguns, shotguns, rifles and antique guns, regardless of their ability to fire.
• BB guns, air guns, silencers, converters and kits that can be used to build a firearm.
• Flares and flare guns.
• Ammunition and high-capacity magazines (those that hold more than 10 rounds).
• KKK, Nazi & Hate-Promoting Items

Acceptable items:

• Historical items that depict nationality, race, religion, gender or sexual orientation in a negative or unflattering way and yet still have collectible value (see the section on “Racial & Ethnic Items”).
• German WWII memorabilia that does not bear Nazi or SS markings.
• German coins and postage stamps from WWII, regardless of markings.
• Books, magazines, newspapers, videos and photos about Nazi Germany during WWII (e.g., war documentaries, Mein Kampf, etc.).

Unacceptable items:

• Items that bear Nazi or SS markings, including German military memorabilia (except for those listed in the Acceptable Items column at left).
• Any items related to the KKK and other white supremacist groups, including uniforms and apparel, books and printed literature, music, movies and videos, and personal items (letters, photographs, etc.).
• Any items related to organizations that promote hatred of people on the basis of their nationality, race, religion, gender or sexual orientation.

Acceptable items:

• Switchblade knives (blade released automatically or via a trigger) with blades no longer than 2”.
• Non-switchblade knives, including fixed-blade knives (e.g., Bowie knives), folding knives and daggers.
• Pocket knives (e.g., Swiss Army knives).
• Swords and bayonets.
• Kitchen knives.
• Axes and hatchets.

Unacceptable items:

• Billy clubs.
• Brass knuckles.
• Canes/staffs that are reinforced with lead inside.
• Nunchuks.
• Stun guns.
• Sword canes and other concealed blades (e.g., knives disguised as lipstick or pens).
• Throwing stars and shuriken.

Unacceptable items:

• Any sort of lock-picking devices, including autolock bypass keys (“jigglers”), try-out keys, “slim-jims,” tubular lock picks, digital decoders, code grabbing devices and key cutters, which are designed for making an impression of a key.

Acceptable items:

• Medical devices that don’t require a prescription (e.g., items an individual could buy at a store).
• Professional medical and veterinary devices (including items found in doctors’ offices and hospitals). These must be listed in the “Business, Office & Industrial > Healthcare” category and must include a disclaimer. If the item has been used, it must be cleaned and the seller must state in the listing that it has been used.
• Antique/collectible medicine bottles, even if they still contain fluid or pills, so long as the container has more value than the contents. These listings should include a disclaimer that states the item is sold as a collectible and not to be consumed.
• Pipes and hookahs that are intended for use with tobacco.
• Antique opium pipes (sold for collectible value).

Unacceptable items:

• All drugs, including over-the-counter remedies like aspirin and eye drops.
• Drug paraphernalia.
• Any medical device that has been altered in a way that affects its performance or safety.
• Any medical device that is prohibited by shipping regulations (e.g., oxygen tanks that have not been emptied, radioactive materials, etc.).

Acceptable items:

• CDs, LPs, tapes, DVDs and other recordings.
• Blank recordable media (CD-Rs and DVD-Rs).

Unacceptable items:

• Bootleg CDs and videos.
• Downloadable media (e.g., MP3, QuickTime or Windows Media Player files, eBooks, freeware and shareware programs).
• CD-Rs, DVD-Rs and VHS tapes containing unauthorized recordings (e.g., shows recorded from TV, or a homemade copy of a CD).
• 35mm or 70mm movie prints, unless the owner is the copyright holder.
• Promotional LPs, CDs or videos (these are typically marked “NOT FOR RESALE”).

Acceptable items:

• Collectible containers that once held paint, pesticides or other materials so long as they have been thoroughly cleaned and are no longer hazardous.

Unacceptable items:

• Compressed or flammable gasses (e.g., a tank containing oxygen) and spray paint (check with your shipping carrier first).
• Pesticides.
• Radioactive materials.
• Explosive devices or material.

Acceptable items:

• US passports that were issued more than 20 years ago and are now expired.
• Vehicle license plates that are at least 5 years old.
• Vintage uniforms and accessories from the airline, train and subway industries so long as they’re at least 10 years old, no longer used by the airline/railroad/subway system and don’t resemble current uniforms.
• Police uniforms that are obsolete and don’t resemble current issue police uniforms (this fact must be clearly stated in the listing).
• Collectible patches from police uniforms.
• Mini-badges (one inch by one inch).
• Historical badges that don’t resemble current badges.
• Toy badges.
• Authorized souvenirs (hats, mugs, pins, pens, t-shirts, etc.).

Unacceptable items:

• Any items that claim to be, or to look similar to, official government documents (e.g., birth certificates, driver’s licenses, passports).
• Fake IDs.
• Current vehicle license plates.
• Government vehicle license plates, regardless of age.
• VIN (Vehicle Identification Number) plates or titles to vehicles.
• Clothing or IDs relating to the transportation industry (e.g., an airline pilot’s uniform, unless it’s more than 10 years old and doesn’t resemble the current uniform).
• Badges or current/recent uniforms from police, private security, emergency and law enforcement agencies (includes reproduction badges).
• Emergency vehicle lighting and sirens.
• Traffic light control devices.
• Manuals or other materials related to mass commercial public transportation (e.g., safety or operations manuals for commercial aircraft, buses, trains or subways) unless they are obsolete and being sold for their collectible/historical value.

Unacceptable items:

• Any postage meters, regardless of age.

Acceptable items:

• “Black Americana” items, including Mammy cookie jars and other kitchen/housewares with images of black maids and servants, and advertising/promotional materials with stereotypical images of black people are acceptable to sell. These were popular up until the 1950s, although some reproduction items have been manufactured since then. Some of these use highly offensive words. eBay allows the use of these words, although they encourage sellers to avoid using them gratuitously.
• Other items that portray stereotypes of racial or ethnic groups but have value as historical collectibles.

Unacceptable items:

• Contemporary, non-collectible items that rely upon stereotypes.
• Any items associated with the KKK, other white supremacist groups or any groups that promote racial or ethnic hatred.

Acceptable items:

• Satellite receivers (e.g., DirecTV boxes) and cable boxes that are owned by the seller (the seller must provide proof that they own the device and did not lease it from the cable company — leased devices will usually have a “NOT FOR RESALE” sticker on them).

Unacceptable items:

• Items that can be used to steal cable or satellite service or hack/modify other devices, including access cards, descramblers, hardware/software emulators, and books or manuals explaining their use.

Acceptable items:

• Any software that is still in its factory-sealed package (except for the items noted below).

Unacceptable items:

• Academic or Educational versions of software (at least one of these words will appear on a sticker or label on the box, or be printed on the CD-ROM or manuals).
• Beta, test or evaluation versions of software (at least one of these words will appear on a sticker or label on the box, or be printed on the CD-ROM or manuals).
• OEM (Original Equipment Manufacturer) software — this software is sold bundled with computer hardware, and can only be sold if you are also selling the hardware it came with.
• Copied software (e.g., a CD-ROM that the user made).
• Any software package that has been opened and installed, unless you are also selling the computer it was installed on.
• Downloadable software (freeware or shareware programs).

Acceptable items:

• Items that are intended to record public conversations or activities, such as video cameras used for security recordings in a store or bank.

Unacceptable items:

• Items that are intended to record private conversations and activities, including bugs, wiretaps, miniature transmitters and surveillance microphones.