1, as long as it is not counterfeit, inferior medicine is not a crime;
It is illegal to set up a stall to sell things without a business license, which violates administrative regulations.
It is illegal to sell plasters in the market without permission, which may seriously constitute the crime of illegal business operation.
Whoever commits the crime of illegal business operations and disturbs 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.
China prohibits the production, sale and use of counterfeit and inferior drugs. If the plaster contains ingredients inconsistent with the national drug standards, it should be counterfeit; If the content of ingredients in the plaster does not meet the national drug standards and is contaminated, it belongs to inferior drugs.
In any of the following circumstances, it is a counterfeit drug:
1, the ingredients contained in the drug are inconsistent with the ingredients specified in the national drug standard;
(2) passing off non-drugs as drugs or passing off other drugs as drugs;
3. Deteriorated drugs;
4 drug indications or functional indications beyond the prescribed scope.
Legal basis:
criminal law
Article 225
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.