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5 rules for selling second-hand clothing in California

On Behalf of | Apr 2, 2025 | Business Law |

Selling second-hand clothing in California can be a great way to boost your store’s offerings, but understanding the legal requirements is crucial to avoid any potential issues. Whether you run a thrift store, a boutique, or an online platform, these rules will help you stay compliant and protect your business. Let’s break down the key regulations you need to follow.

Obtain a seller’s permit

Before selling second-hand clothing, you must get a seller’s permit. This applies if you run a physical store or sell online. A seller’s permit allows you to collect sales tax on the items you sell, which you must report to the California Department of Tax and Fee Administration (CDTFA). Without this permit, you risk penalties for failing to collect the appropriate tax.

Keep detailed records of second-hand goods

California law requires businesses that sell second-hand clothing to maintain detailed records of their inventory. You must track the names and addresses of sellers, a description of the clothing, and the purchase price. This process helps ensure that items are not stolen and can be traced back to their original owners if needed. Failing to keep these records can result in fines or even a store closure.

Avoid prohibited items in second-hand sales

Certain items cannot be sold as second-hand clothing in California. For example, you cannot sell used mattresses, stuffed animals, or other items that could pose health risks. Check the list of banned second-hand items and ensure your inventory follows state laws.

Label second-hand items correctly

When selling second-hand clothing, provide clear labels to inform customers of the item’s condition. If you alter or clean the clothing, the label should reflect that. Transparency builds trust with your customers and helps you comply with California’s consumer protection laws.

Follow local regulations

In addition to state laws, check your local city or county regulations regarding second-hand sales. Some areas may have additional requirements, such as licensing, reporting, or restrictions on where second-hand stores can operate. Local ordinances vary, so stay aware of any regional rules that might apply to your business.

By following these rules, you can confidently sell second-hand clothing in California and avoid legal pitfalls. Staying informed and compliant protects your store and builds credibility with your customers.