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 national regulations, to sell medical devices, you must have relevant qualifications and obtain a business license. Therefore, ordinary people are not allowed to sell it privately.
According to national regulations, private sales of masks need to obtain business qualifications, and sales of medical masks need to obtain medical device business qualifications. Those who have no business qualification or relevant qualification may be punished for illegal business operation.
If the masks sold are genuine and the quality is up to standard, they may be suspected of illegal business operation. If the masks sold are fake, they may also constitute the crime of selling fake and inferior products. The crime of selling fake and inferior products refers to the seller's behavior of doping and adulterating products, filling fake products with real ones, and passing unqualified products off as qualified products, with a sales amount of more than 50 thousand yuan.
Methods of reporting illegal sales of masks:
1. You can report directly to the administrative department for industry and commerce for handling. This behavior is obviously inappropriate. Once verified, it will be severely punished according to law.
2. The public should purchase epidemic prevention supplies through pharmacies or medical institutions with relevant certification qualifications to ensure that they play their due protective role.
legal ground
Measures for the investigation and punishment of unlicensed operation
Article 6 Where an operator engages in business activities without obtaining a business license according to law, the administrative department for industry and commerce (hereinafter referred to as the administrative department for industry and commerce) shall investigate and deal with it according to law.
Criminal law of the people's Republic of China
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.