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Prohibited Products Policy: Food Products
Last updated on Dec 12, 2024
Reading time: 3 min
Overview

Products subject to our policy on Food Products must also adhere to other Prohibited Products Policies including our policy on recalled products, dietary supplements, medical foods and pet foods or Walmart will automatically unpublish your item.

What is the policy? 

Walmart prohibits the sale of food that is considered non-compliant with any applicable regulations or otherwise does not meet Walmart standards.  

Food products may be sold on Walmart Marketplace if they comply with U.S. Food and Drug Administration (FDA) regulations and guidance such as Food, Drug and Cosmetics Act, Food Safety Modernization Act, product labeling requirements, as well as state and local laws. Food products must also comply with Federal Trade Commission (FTC) and U.S. Department of Agriculture (USDA) regulations and guidelines such as: Federal Meat Inspection Act (FMIA) and Poultry Products Inspection Act. Food must be labeled for U.S. retail sale and must be packaged to prevent contamination and damage in storage and transportation.   

 

Policy basics 

Prohibited

Allowed with restriction

Allowed

  • Perishable or temperature-controlled products: 

    • Perishable produce such as vegetables and fruit.  

  • Food and beverage items that require time-temperature control for safety foods (TCS) such as refrigerated or frozen) including but not limited to:   

    • Meats and proteins including plant-based products.   

    • Dairy and non-dairy alternatives.  

    • Seafood.  

    • Prepared foods.  

    • Meal kits.  

    • Food additives.  

    • Juices. 

  Ingredient or Product: 

  • Unpasteurized products (e.g. juice, milk, cheese).  

  • Coated, candied, caramel wrapped, or covered fruit are prohibited (e.g. caramel apples, chocolate dipped bananas).  

  • Food products (including consumable substances) made from legally prohibited, protected, restricted, exotic animal species or their parts, including but not limited to: shark, whales, porpoises, dolphin, crocodile, alligator, pythons, cobra, kangaroo, horse. 

  • Food made with culture animal cells, otherwise may be known as “cell-cultured." 

  • Food products made of prohibited, protected, restricted or illegal plants substances including but not limited to: black moss, betel nut, kratom (mitragyna speciosa), CBD, and THC.

  • Food using ingredients that are venomous (e.g. insects, animals, plants, or other organisms, etc).

  • Food products that do not comply with import permitting requirements. 

  • Food products from countries not approved by USDA Food Safety Inspection Services (FSIS) such as meat /or poultry from China. 

  • Live animals listed as human or animal/pet food.

  • Food products that do not contain a reasonable shelf-life or lead time based on original quantity of product in packaging at time of purchase. 

  • Adulterated food. 

  • Unsafe food. 

  • Items claiming WIC / SNAP / EBT eligibility. 

  • Recalled food. 

  • Expired food. 

  • US Military MRE food products that are government property. 

  • Dragées and other small inedible food decorations that resemble edible ingredients that may be a choking risk. 

  Labeling or packaging:

  • Food not packaged, labeled, or intended for US retail sale.  

  • Food products that do not comply with Nutrition Labeling and Education Act (NLEA) under the Federal Food, Drug, and Cosmetic Act (FD&C Act) and the Fair Packaging and Labeling Act (FPLA). 

  • Food items, or their attributes, that are misbranded or misrepresented at point of sale. 

  • Foods not in its original retail packaging. 

  • Food items not containing tamper evident packaging, where required. 

  • Prescription medical foods . 

  Claims – foods that contain labeling with:  

  • Foods that make a drug or medical claim. 

  • Foods that make an unsubstantiated claim. 

  • Regulated claims that do not comply with the regulatory requirements (e.g., gluten free, organic, sugar free, etc.). 

  • Gift baskets containing hard-skinned uncut fruit (apple, orange or pear) are generally allowed. 

  • Chocolate covered uncut strawberry gift sets that are safely packaged for shipping are allowed.  

  • Gift baskets containing hard meats and hard cheeses with low moisture content that do not require refrigeration are allowed. 

  • Items with state-level restrictions must comply with state regulations such as additive bans and Prop 65.

  • Foods that make Organic claims must comply with the USDA Organic program requirements (7 C.F.R. Part 205) including but not limited to: active certification from USDA  approved certifying body and label requirements are met.

  • Bioengineered foods that contain detectable genetic material that has been modified through certain lab techniques require BE Disclosure and proper labeling.

  • Animal-based food products made, in whole or in part, from reindeer, elk, deer, antelope, water buffalo, bison, buffalo, yak, rabbit, migratory waterfowl, ratites (ostrich, emu or rhea) or game bird must be labeled with a mark of inspection by the USDA Food Safety Inspection Service. 

  • Insect-based food products that are not wild-caught and are raised for consumption as human food (e.g. chocolate covered crickets) 

  • Food products specifically approved for sale by the Walmart marketplace administrators.  

  • Dried fruit and vegetable crisps.  

  • Canned and jarred foods. 

  • Jerky from species that are not prohibited or restricted. 

  • Shelf stable dairy milks and plant-based beverages. 

    • Compliant inventory following recall after corrective action plan, testing, agency correspondence completion with enacted control mitigation. 

    • Foods that make general (unregulated) marketing claims, such as “Great for the whole family!” or “Tastes better than home made.” 

Notes

The information found within this policy and the related hyperlinks is for general informational purposes only and is not considered legal advice. This policy may contain links to third party content, which Walmart does not warrant, endorse, or assume liability for and your reliance on such content is solely at your own discretion. 

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