If you’re anything like my wife (and many other Americans), you probably love a good yard sale. You can score great deals, and it feels somewhat like a treasure hunt. But that doesn’t mean that laws go out the window. When you’re setting up tables in the driveway, there are some surprising legal and safety restrictions. Certain items are banned from being sold or purchased at yard sales due to federal regulations, state laws, or common-sense safety concerns. Here’s a look at 10 fairly shocking things you can’t buy (or sell) at a yard sale.
1. Recalled Baby Gear
Cribs, car seats, and high chairs that have been recalled are strictly prohibited from resale. The Consumer Product Safety Commission (CPSC) bans the sale of recalled children’s products due to serious safety risks. Even if the item looks fine, it may have hidden defects that led to injuries or deaths. Sellers are legally responsible for ensuring items haven’t been recalled, and ignorance isn’t a valid defense. Always check the CPSC recall database before listing baby gear.
2. Mattresses and Box Springs
Used mattresses are a breeding ground for bedbugs, mold, and allergens. Many states have laws that prohibit the sale of used mattresses unless they’ve been professionally sanitized and labeled as such. Even then, buyers are often wary of the health risks. Selling a mattress without meeting these requirements can result in fines or legal action. It’s best to leave this bulky item off your yard sale inventory.
3. Prescription Medications
It’s illegal to sell or give away prescription drugs, even if they’re unused and sealed. This includes everything from antibiotics to painkillers. The FDA and DEA strictly regulate the distribution of prescription medications to prevent misuse and ensure safety. Selling them without a license is a federal offense. If you have leftover meds, take them to a pharmacy or police department for proper disposal.
4. Firearms and Ammunition
While gun laws vary by state, most prohibit the sale of firearms and ammunition at unlicensed venues like yard sales. Selling a gun without a background check or proper paperwork can land you in serious legal trouble. Even antique or non-functioning firearms may be restricted. Ammunition is also tightly regulated and cannot be sold casually. Always consult local and federal laws before attempting to sell any weapon.
5. Alcohol and Tobacco Products
You might be tempted to offload that unopened bottle of wine or carton of cigarettes, but don’t. Selling alcohol or tobacco without a license is illegal in all 50 states. These products are regulated by both state and federal agencies, and violations can result in hefty fines. Even giving them away can be problematic if minors are present. Keep your yard sale family-friendly and skip the booze and smokes.
6. Hazardous Materials
Old paint cans, pesticides, automotive fluids, and cleaning chemicals are considered hazardous waste. Selling or even giving them away at a yard sale is often illegal due to environmental and safety concerns. These substances can leak, combust, or cause health issues if mishandled. Instead, take them to a local hazardous waste disposal site. It’s safer for everyone involved.
7. Used Cosmetics and Personal Care Items
That half-used bottle of perfume or jar of face cream might seem like a good deal, but it’s a no-go. Used cosmetics can harbor bacteria and cause skin infections or allergic reactions. Many states prohibit the resale of opened personal care products for health reasons. Even unopened items can be problematic if they’re expired. When in doubt, toss it out.
8. Medical Devices
Used CPAP machines, glucose monitors, and other medical devices are regulated by the FDA. Selling them without proper certification or sanitation can be illegal and dangerous. These devices are often tailored to individual users and may not function properly for someone else. There’s also a risk of spreading infection. Leave the medical gear to licensed resellers.
9. Homemade Food and Baked Goods
Unless you have a cottage food license, selling homemade jams, cookies, or canned goods is typically prohibited. Health departments require food sellers to meet strict sanitation and labeling standards. Even if your banana bread is legendary, selling it without a permit could violate local food safety laws. Some states allow limited sales under cottage food laws, but you must register and follow guidelines. Always check with your local health department before offering food.
10. Counterfeit or Bootleg Items
Selling knockoff designer bags, pirated DVDs, or fake brand-name goods is a federal offense. Even if you didn’t know the item was counterfeit, you could still be held liable. These items violate trademark and copyright laws and can lead to fines or criminal charges. Yard sales are not exempt from intellectual property laws. Stick to selling authentic, secondhand items to stay on the right side of the law.
Know Before You Sell
Yard sales may feel casual, but they’re still subject to serious rules. From recalled baby gear to counterfeit handbags, some items are simply off-limits, no matter how good the deal seems. Staying informed protects both buyers and sellers from legal trouble and health risks. Before your next sale, take a few minutes to double-check what’s allowed in your state. A little caution goes a long way in keeping your yard sale safe, legal, and successful.
Have you ever seen something questionable at a yard sale? Share your stories in the comments!
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