As required in the My Pike Terms and Conditions, each seller on My Pike is solely responsible for complying with all applicable laws and regulations for each item listed and sold on the My Pike marketplace.
My Pike has developed the following policy for what items may be listed on the marketplace. If after reviewing our policy, you still have questions, please contact Tim at admin@MyPike.com.
Under our Listing Policy:
- Prohibited is defined as items that may not be listed on our marketplace.
- Conditional is defined as items that may only be listed under certain conditions.
Important Notice
This list is updated from time to time and is incorporated by reference into the My Pike Terms and Conditions. These guidelines do not constitute legal advice. sellers and buyers are strongly advised to consult with an attorney and/or the appropriate government regulatory agencies to ensure compliance with all applicable laws and regulations.
Private Auctions
My Pike has developed a private auction solution for sellers who want to sell regulated products to only a specific buyer list controlled by the seller. In a private auction, only the specified buyers have the ability to view the product listing or to place a bid.
PROHIBITED ITEMS
Firearms and Ammunition
In most, if not all states, firearms and ammunition may be sold only by licensed dealers. In addition, firearms or ammunition that have become salvage can be expected to pose additional safety concerns. Accordingly, firearms and ammunition may not be listed on the marketplace.
Meat, Poultry and Egg Products
The sale of meat, poultry and egg products is highly regulated at both the federal and state levels, and in particular, by the U.S. Department of Agriculture. These laws generally provide for both civil and criminal penalties for selling adulterated or misbranded meat, poultry and egg products. Due to the difficulties sellers in the salvage industry have complying with these laws, meat, poultry and egg products may not be listed on the marketplace.
Prescription Drugs
Controlled drugs that require a prescription from a licensed practitioner (such as a doctor, dentist or optometrist) may not be listed on the marketplace. In addition, "veterinary directed drugs" may not be listed on the marketplace.
CONDITIONAL ITEMS
Beer, Wine and other Alcoholic Beverages
The sale of beer, wine and other alcoholic beverages is highly regulated in the United States on a Federal, state and local level. Among other things,
(i) these laws require that taxes be paid to the proper taxing authorities,
(ii) in most states, only licensed sellers may sell alcoholic beverages and to only certain persons (e.g. producers may only sell to wholesalers), and
(iii) in all states, alcoholic beverages may not be sold to minors. Further, some states make it a criminal offense for a non-licensed seller to sell alcoholic beverages directly to a consumer in their state. Accordingly, sellers and buyers must comply with all applicable laws and regulations, including those in both the state in which the alcoholic beverages are located, and the state in which the buyer is located. Please see the Bureau of Alcohol, Tobacco and Firearms Web site for further information. http://www.atf.gov.
My Pike will not allow alcoholic beverages to be listed on the marketplace unless: the seller will attest that it is properly licensed to sell alcoholic beverages in the applicable state, and will comply with all applicable laws, including the payment of all applicable taxes and the laws for shipping. The buyer will be required to attest that it is a licensed wholesaler or retailer authorized to make such purchases and that it will comply with all applicable laws for the subsuquent sale or distribution of such beverages. To avoid having to comply with the laws of more than one state, sellers may want to consider having a private auction in which the buyers are restricted to only the state in which the goods are located and to only those persons in such state to whom the seller may legally sell the goods.
Any sellers contemplating listing alcoholic beverages on the marketplace should contact a My Pike Marketmaker to discuss the listing.
Cosmetics
Cosmetics may not be listed if (i) the product has suffered damage that could reasonably affect the performance of the product; or (ii) the labels and/or packaging on the cosmetics do not meet applicable FDA labeling laws and regulations. In addition, the expiration date for the product must be disclosed in the product listing.
Over-the-Counter Medicines
Over-the-counter drugs may not be listed if (i) the individual product packaging has been broken or is not intact, or the safety or integrity of the product has been otherwise compromised, or (ii) the labels on the drugs do not meet applicable FDA labeling laws and regulations. In addition, the expiration date for the product must be disclosed in the product listing.
Food Products (other than meat, poultry or egg products)
The sale of food is highly regulated both at the federal and state level. These laws generally prohibit the sale of adulterated or misbranded food. In particular, Texas has very stringent laws relating to the sale of salvage foods. For this reason, the following policies will apply to the sale of food products (other than meat, poultry or egg products which may not be listed on the marketplace):
- Food may not be listed if:
(a) it is adulterated or mislabeled, or otherwise does not comply with applicable federal and state laws,
(b) it has not been stored or refrigerated properly so that the safety of the food has been compromised, or
(c) the individual product packaging has been broken or is not intact so that the safety of the product has been compromised. - Sellers may want to consider having a qualified third party test the product for food safety issues prior to listing. If so tested, the test results must be made available to bidders in the product listing on the marketplace.
- With certain exceptions, food may not be listed if it is located in the State of Texas, nor may any food products located outside of the State of Texas be sold to a buyer in Texas.
- Food that is fit solely for use in animal feed production must be listed under the "Animal Feed" category, and may only be sold to companies in the animal feed production industry.
- All food products must be listed under the bidExchange format on the marketplace so that sellers may select a winning bidder who is qualified under this policy.
- Bulk agricultural products (such as wheat or other grains) must meet the applicable laws and import requirements of the country where the buyer is located. See International Trade—Exporting Goods.
Medical Equipment
Professional medical equipment is regulated by the U.S. Food and Drug Administration. In addition, Texas has very stringent laws regarding the sale of distressed medical equipment. For these reasons, the following policies will apply to any listings of medical equipment:
- Medical equipment may only be sold to medical equipment refurbishers who are registered with the FDA as a Medical Device Establishment. Information on Medical Device Establishment registration can be found on the FDA Web site at http://www.fda.gov/cdrh/comp/estregls.html.
- The listing for any medical equipment must contain the following disclaimer in the Terms of Sale:
There are no representations or warranties that the listed equipment complies with the Federal Food Drug and Cosmetic Act, the regulations promulgated thereunder or any applicable state law.
The listed equipment may not be used until it is in compliance with all such laws and regulations.
By bidding on the listed equipment, the buyer represents and warrants that prior to the use or resale of the equipment, the buyer will be responsible for ensuring that the equipment is in compliance with the Federal Food Drug and Cosmetic Act, the regulations promulgated thereunder and any applicable state law. - Medical equipment may not be listed if located in the State of Texas. In addition, any medical equipment located outside of the State of Texas may not be sold to a buyer in Texas.
Tobacco Products
Sellers and buyers of tobacco products must comply with all applicable federal and state laws and regulations, including those for the payment of taxes, import/export, minimum age requirements, and other restrictions. Please see the Bureau of Alcohol, Tobacco and Firearms Web site for further information. http://www.atf.gov
The sale of cigarettes, cigars and other tobacco products is highly regulated at both the Federal and state level. In general, these laws provide (i) Federal and state excise taxes must be paid to the proper taxing authorities, (ii) tobacco products may only be sold by licensed wholesale and retail dealers, and (iii) tobacco products may not be sold to minors. In addition, under Federal law, any person who sells cigarettes in interstate commerce to other than a state-licensed distributor is required to file information regarding the sale with the tobacco tax administrator of the state in which the buyer is located. Accordingly, a seller must comply with all applicable laws, including those in both the state in which the tobacco products are located, and the state in which the buyer is located.
My Pike will not allow tobacco products to be listed on the marketplace unless the seller will attest that it will comply with all applicable laws. To avoid having to comply with the laws of more than one state, sellers may want to consider having a private auction in which the buyers are restricted to only the state in which the goods are located.
Any sellers contemplating listing tobacco products on the marketplace should contact a My Pike Marketmaker to discuss the listing.
OTHER PRODUCT CONSIDERATIONS
International Trade—Importing Goods
Sellers and buyers are required to comply with all applicable laws, including those for importing goods into the country where the goods will be imported. For importers in the United States who import any items located outside the U.S., they should become knowledgeable about any restrictions, taxes or duties, and government filings involved with importing the particular product into the United States. Among other matters, U.S. importers should be aware of the following:
- Some items may be prohibited (e.g. food that does not meet U.S. laws) or restricted (alcohol, tobacco or firearms), or they may require special licenses or permits.
- For items imported for personal use, importers might have to pay a duty or tax on the item, even if the item is used. The amount of the duty, if any, depends on the type of item and its value.
- For items imported for commercial purposes (intended for resale), importers need to deal with possible quotas, taxes or duty payments, and government filings. In addition, commercial goods may have special entry requirements.
The U.S. Customs Border Protection Office has several helpful publications on its Web site (www.cbp.gov) which explain the laws and considerations when importing goods into the United States.
Other countries have laws that restrict trade and the types of products that may be imported into their countries. For information on customs regulations in other countries, visit the Web site maintained by the World Customs Organization at http://www.wcoomd.org/ie/index.html.
International Trade—Exporting Goods
Sellers and buyers have the sole responsibility to comply with all applicable laws, including those for exporting goods. sellers and buyers are required to comply with the laws of the countries where both the goods are located and any country into which the goods will be imported. These laws may be complex depending upon the goods being sold and the countries where the goods are located and into which they will be imported.
The export of certain items from the United States may require licenses, or may be completely banned in some instances. For example, the export of certain computer equipment from the United States is highly regulated and may be restricted or banned in certain cases. Information on these laws may be obtained from the Web site maintained by the Bureau of Industry and Security (formerly the Bureau of Export Administration) of the U.S. Department of Commerce.
The United States has imposed economic sanction programs that substantially regulate or ban United States persons from doing business with certain countries, including Cuba, Iran, Iraq, Libya, North Korea, and Sudan, and specific companies and individuals associated with these sanctioned countries, as well as designated narcotics traffickers and terrorist organizations. Since My Pike is a United States company, My Pike does not permit sales on its marketplace to the countries, companies or persons subject to these economic sanction programs. Information on these economic sanction laws and lists of prohibited companies and persons may be obtained from the Web site maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury http://www.treas.gov/offices/enforcement/ofac/ and the Bureau of Industry and Security.
Other countries have laws that restrict the types of products that may be imported into their countries. For information on customs regulations in other countries, visit the website maintained by the World Customs Organization at http://www.wcoomd.org/ie/index.html.
The U.S. government has other resources to help exporters learn about export regulations which are located at:
Resale Restrictions
Some manufacturers of branded goods protect their brands by contractually restricting the wholesalers or retailers of their goods from re-selling the goods through certain sales channels. Any resale restrictions required by the seller must be clearly set forth in the terms of sale for the listed item. Since the terms of any sale are strictly between the buyer and the seller, the enforcement of any resale restrictions is solely the responsibility of the seller and/or the buyer, as agreed by the parties.
Sellers can utilize the private auction service offered by My Pike to sell products with resale restrictions to only a specific buyer list controlled by the seller. In a private auction, only the specified buyers have the ability to view the product listing or to place a bid.
