Individuals selling antigen reagents is illegal
Recently, we more or less in the circle of friends to see the sale of antigen test reagents related information.
According to the Jiangxi Provincial Higher People's Court public number "Jiangxi Court", individuals selling antigen test reagents is illegal, if the reagents appear to be fake, unqualified as qualified, the plot is serious and can be sentenced to life imprisonment.
March 30, 2020, the State Drug Administration issued "China's new coronavirus test reagents and protective equipment regulatory requirements and standards," the new coronavirus test reagents as a third class of medical device management.
Article 42 of the "Regulations for the Supervision and Administration of Medical Devices", engaged in the operation of Class III medical devices, the business enterprise shall apply to the municipal people's government in charge of drug supervision and management of the municipal government of the district where it is located to apply for a license to operate and to submit the relevant information that meets the conditions set out in Article 40 of these regulations.
Additionally, according to the "State Drug Administration Comprehensive Department on the new coronavirus antigen test reagent quality and safety supervision of the work of the notice," the requirements of the epidemic prevention and control during the period, to obtain a drug license or medical device license, and have the appropriate storage conditions of the retail pharmacy and medical device business enterprises, can sell the new coronavirus antigen test reagent.
Previously, a photography studio in Haidian, Beijing, each box of 25 antigen detection reagents for sale at a price of 250 yuan. 12 Haidian District Market Supervision and Comprehensive Law Enforcement Brigade received a report of clues to the photography studio carried out a surprise inspection. According to the on-site inspection and preliminary investigation, the Haidian District Market Supervision Bureau intends to impose a fine of 300,000 yuan and an administrative penalty for the suspected price gouging and unlicensed operation of the illegal behavior.
Judge's statement
Enterprises are the main body of the third class of medical devices business, and must obtain a medical device business license. Individuals can not engage in the third class of medical devices (including Class II) business activities, individuals in the circle of friends and other online platforms to sell the new crown antigen kit is illegal.
If the individual sales of antigen reagent test and is a counterfeit product, or fake for real, unqualified products as qualified products, and the sales amount is large, will also be suspected of production and sale of shoddy products crime.
"Chinese People's **** and State Criminal Law"
Article 140
Production, sale of shoddy products producers, sellers in the product adulteration, adulteration, fake for the real, substandard or unqualified products passed off as qualified products, the sales amount of more than 50,000 yuan less than two hundred thousand dollars, shall be sentenced to less than two years of fixed-term imprisonment or criminal detention, and or a single sales The amount of sales of more than 200,000 yuan less than 500,000 yuan, shall be sentenced to imprisonment for not less than two years and not more than seven years
Prison sentence, and shall be sentenced to the amount of sales of more than 50% of the amount of more than two times the amount of fine; sales of more than 500,000 yuan less than two million yuan, shall be sentenced to more than seven years of imprisonment and shall be sentenced to the amount of sales of more than 50% of the amount of more than two times the amount of fine; sales of more than two million yuan, shall be sentenced to fifteen years of imprisonment. million yuan or more, shall be sentenced to fifteen years of imprisonment or life imprisonment, and shall be fined not less than fifty percent of the sales amount and not more than twice as much or confiscate property.