It is illegal for individuals to sell masks during the epidemic. The masks recommended to be worn during the epidemic are mainly medical masks, which belong to the second category of medical devices. Therefore, the relevant departments stipulate that the sale of medical masks requires a medical device business license. If you sell masks without a medical device business license, it may involve the crime of illegal business.
If the quality of masks sold can't meet the national standards, you may commit the crime of selling fake and inferior products. The masks sold meet the national standards, but the price is too high, or the sales amount reaches more than 50 thousand yuan, which will also cause criminal offences. So if you want to buy a mask, you must go to a regular pharmacy to buy it.
Crime of illegal business operation in Article 225 of the Criminal Law
Whoever, in violation of state regulations, commits one of the following illegal business operations and disrupts the market order, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also, or shall only, be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years, and shall also be fined not less than one time but not more than five times for illegal gains or confiscation of property:
(a) operating a franchise or monopoly commodity or other commodities whose operation is restricted by laws and administrative regulations without permission;
(2) buying and selling import and export licenses, import and export certificates of origin and other business licenses or approval documents stipulated by laws and administrative regulations;
(three) without the approval of the relevant competent departments of the state, illegally engaged in securities, futures, insurance business, or illegally engaged in fund payment and settlement business;
(four) other illegal business activities that seriously disrupt the market order.
According to the provisions of Article 140 of the Criminal Law of People's Republic of China (PRC), the crime of producing and selling fake and inferior products refers to the behavior that producers and sellers adulterate products, pass the fake as the real, pass the inferior as the good, or pass the unqualified products as qualified products, and the sales amount is more than 50,000 yuan. The criminal act of the crime of producing and selling fake and inferior products is the act of producing and selling.
Second, how should consumers protect their rights when buying fake masks?
1. Consumers who buy fakes can negotiate with the merchants themselves and demand compensation;
2. Consumers can complain to relevant administrative departments. Generally, complaints are made to the industrial and commercial bureau and the Consumers Association;
3. Consumers can ask consumers' associations or legal supervision organizations to make adjustments according to national laws;
4. When consumers and operators can't reach an agreement, both parties can go to an arbitration institution to arbitrate the goods; The result of arbitration is not legally binding, but only a proof. However, you can take this certificate to the people's court for prosecution. );
Consumers can bring a lawsuit to the people's court and demand compensation from the merchants.
Is it illegal to sell masks during the epidemic? People are advised not to use the epidemic to create some national disasters. If they are not careful, they will violate laws and regulations. If they don't make money, they will be punished. What are the legal responsibilities of the parties selling masks in the epidemic? If you encounter similar problems, you can find a lawyer online to see how to solve your situation.