It is illegal for individuals to sell antigens. Antigen detection reagents are different from masks. It is illegal for individuals to sell antigen reagents privately. If the reagent is faked, the unqualified product is passed off as qualified product, and if the circumstances are serious, it can be sentenced to life imprisonment.
On March 30th, 2020, the State Administration of Pharmaceutical Products issued the Supervision Requirements and Standards for Testing Reagents and Protective Articles in novel coronavirus, China, and listed the testing reagents in novel coronavirus as the third category of medical device management.
Article 42 of the Regulations on the Supervision and Administration of Medical Devices stipulates that those who engage in the operation of Class III medical devices shall apply to the pharmaceutical supervisory and administrative department of the municipal people's government with districts where they are located for a business license, and submit relevant materials that meet the conditions stipulated in Article 40 of these regulations.
In addition, according to the Notice of the General Department of the State Administration of Pharmaceutical Products on Doing a Good Job in Quality and Safety Supervision of Antigen Detection Reagents in COVID-19, during the epidemic prevention and control period, retail pharmacies and medical device management enterprises that have obtained drug business licenses or medical device business licenses and have corresponding storage conditions can sell COVID-19 antigen detection reagents.
The Jiangxi Provincial High Court reminded that enterprises are the main business entities of the third category of medical devices and must obtain medical device business licenses. Individuals can't engage in the third kind of medical devices (including the second kind) business activities, and it is illegal for individuals to sell COVID-19 antigen kits on online platforms such as friends circle.
If the detection antigen reagents sold by individuals are fake and shoddy products, or fake and genuine products are passed off as qualified products with unqualified products, and the sales amount is large, then they will also be suspected of producing and selling fake and shoddy products.
Article 140 of the Criminal Law of People's Republic of China (PRC) stipulates that producers and sellers who adulterate their products with fake products, pass off fake products as genuine ones, and pass off unqualified products as qualified products, with a sales amount of more than 50,000 yuan but less than 200,000 yuan, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, and shall also be fined at least 50% but not more than two times the sales amount; If the sales amount is more than 200,000 yuan but less than 500,000 yuan, he shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years, and shall also be fined not less than 50% but not more than two times the sales amount; If the sales amount is more than 500,000 yuan but less than 2 million yuan, he shall be sentenced to fixed-term imprisonment of more than seven years, and shall also be fined more than 50% but less than two times the sales amount; If the sales amount is more than 2 million yuan, he shall be sentenced to fixed-term imprisonment of 15 years or life imprisonment, and shall also be fined more than 50% but less than 2 times the sales amount or his property shall be confiscated.
The judge reminded operators that they should strictly fulfill their social responsibilities, operate in good faith and abide by the law, and it is strictly forbidden to drive up prices.
If consumers find clues about price violations, they should keep relevant bills and call the hotline 123 15 to complain and report in time. When purchasing antigen reagents, you must buy them from formal channels to avoid being cheated.