1. Is it illegal to sell masks in personal circle of friends?
1. It is illegal for the actor to sell medical masks in his personal circle of friends, and it can only be sold with relevant permission. If the circumstances are serious, it may also constitute a crime. Illegal business operations, disrupting 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.
2. Legal basis: Criminal Law of People's Republic of China (PRC).
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.
Second, the legal risks of selling medical masks
1. Crime of illegal business operation (unlicensed business operation)
"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:
(1) Operating franchised or monopolized commodities 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. "
2. Crime of producing and selling unqualified medical devices
If the medical masks you sell meet the prescribed standards of medical masks but operate without a license, please refer to the first crime of illegal operation. However, if the medical masks you sell simply fail to meet the prescribed standards of medical masks, or even fake and shoddy products, then you have violated the crime of producing and selling unqualified medical devices as stipulated in the Criminal Law.
3. Crime of driving up prices (one of the crimes of illegal business operation)
Many unscrupulous sellers sell medical masks at a price several times or even dozens of times higher than the market price in order to make huge profits. Yes, you made money at this time, but you also violated the criminal law!
4. Other illegal business practices that seriously disrupt the market order.
During the epidemic prevention and control period, affected by market supply and demand, the price of epidemic prevention masks may rise due to tight supply. And some individuals who hoard and drive up the price of masks by a large margin will never tolerate the "price law" and "criminal law". For example, a pharmacy in Fengtai District increased the purchase price of masks from 200 yuan to 850 yuan, and was punished by the competent authorities with an administrative penalty of 3 million yuan.
So if you are still selling medical masks in your circle of friends, think about your legitimate business. Touching the criminal law is no joke. Don't take chances and try the law! If your friends also sell medical masks in the circle of friends, you should also let them know that legal operation and knowing the law are the first step!