It is illegal to resell fake masks privately, because masks also belong to medical devices. According to national regulations, if you want to operate, you must have relevant qualifications and obtain a business license. Therefore, ordinary people are not allowed to sell it privately. If the mask sold is genuine and the quality meets the standard, it may be suspected of illegal business operation. 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 may be confiscated and a fine may be imposed. It is not illegal to obtain a business license issued by the administrative department for industry and commerce, which has been examined and approved by the pharmaceutical administrations of provinces, autonomous regions, municipalities directly under the Central Government or the pharmaceutical administrative institutions designated by the provincial people's governments, and a clear-cut Medical Device Business License has been issued to carry out business, and the rest may constitute the crime of illegal business operation. A medical device trading enterprise must obtain a business license issued by the administrative department for industry and commerce, and only after it is examined and approved by the local pharmaceutical administrative department of the province, autonomous region or municipality directly under the Central Government or the pharmaceutical administrative institution designated by the provincial people's government, can it carry out business activities. Among them, enterprises engaged in Class I medical devices must file with state administration of traditional chinese medicine. Therefore, it is not allowed to resell masks privately.

Legal basis:

In violation of the provisions of Article 225 of the Criminal Law of People's Republic of China (PRC), one of the following illegal business operations 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.