It is illegal to resell fake masks privately. Medical masks belong to medical devices, and it is illegal to operate without business qualifications. Generally, the amount is small enough to commit a crime, but the illegal income can be confiscated and a fine can be imposed.

According to the provisions of Article 225 of the Criminal Law of People's Republic of China (PRC), one of the following illegal business operations in violation of state regulations constitutes the crime of illegal business operations:

(a) without permission, dealing in franchise, monopoly goods or other commodities with restricted trading as stipulated by laws and administrative regulations;

(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 settlement business;

(four) engaged in other illegal business activities, disrupting the market order, and the circumstances are serious.

Second, what should I do if I am cheated by the mask seller?

If the mask seller is cheated, it is necessary to fix the evidence in time and call the police.

Interpretation of some issues on the specific application of law in handling criminal cases such as the outbreak of infectious diseases. , production and sale of fake and inferior prevention and protection articles and materials, or production and sale of fake and inferior drugs to prevent and treat infectious diseases constitute a crime, shall be punished in accordance with the provisions of Article 140, Article 141 and Article 142 of the Criminal Law respectively.

Crime of fraud in Article 266 of the Criminal Law of People's Republic of China (PRC).

Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated. Where there are other provisions in this Law, such provisions shall prevail.

We can know that it is illegal to sell masks privately. According to the law, illegal income will be confiscated and a fine will be imposed. There are relevant provisions in the law. If you have any questions about the above related contents, you can consult relevant lawyers.