Online sales of medical masks must be filed
At present, the masks are mainly divided into medical masks (medical protective masks, medical surgical masks, disposable medical masks), labor masks and daily protective masks of three major categories, used to prevent epidemics can only be medical masks.
As early as 2003 during the SARS outbreak, the "State Food and Drug Administration on medical disposable protective clothing and other product classification issues in the notice" will be medical disposable protective clothing, medical protective masks and medical surgical masks are classified as Class II medical devices for management. Article 30 of the Regulations for the Supervision and Administration of Medical Devices stipulates that, to engage in the operation of Class II medical devices, the operating companies to the municipal people's government of the region for the record of the food and drug supervision and management department and submit their compliance with the requirements of the conditions for engaging in the operation of medical equipment business activities and related information. If you need to sell online, but also in accordance with the "supervision and management of the sale of medical devices network approach" for the record of network transactions. Therefore, the operation of sales for epidemic prevention of medical masks need to be filed to the relevant departments, without the appropriate qualifications for the sale of medical masks behavior, belongs to the illegal operation, to be subject to administrative penalties, and if the situation is serious, and even face criminal penalties.
Serious price hikers can be fined up to 3 million
January 27 this year, Beijing Dongcheng District Market Supervision Bureau of the jurisdiction of a pharmaceutical company inspection found that the company will be imported at a price of 10 yuan per bag of PM2.5 nano-protective masks to 26 yuan price for external sales, the price difference between the sale of the rate of 160%. Its behavior is suspected of violating the relevant provisions of China's price law, constituting the illegal behavior of price gouging. In accordance with relevant laws and regulations, Dongcheng District Market Supervision Administration imposed a fine of 100,000 RMB on the company. Article 14(3) of the Price Law stipulates that operators shall not fabricate or disseminate information about price increases, inflate prices, or push commodity prices up too high. Article 42 stipulates that if an operator violates the provisions on explicit price indication, he shall be ordered to make corrections, confiscate the illegal income, and may be fined up to 5,000 RMB. Article 6 of the Provisions on Administrative Penalties for Price Violations stipulates that if an operator violates the provisions of the Price Law and engages in one of the behaviors of fabricating or spreading information on price increases, disrupting the market price order, and pushing up the prices of commodities too fast or too high, it shall be ordered to make corrections, confiscate the illegal proceeds, and impose a fine of up to five times the illegal proceeds; if there is no illegal proceeds, it shall be imposed a fine of not less than 50,000 yuan but not more than 500,000 yuan, and in more serious cases, it shall be imposed a fine of 500,000 yuan Above 3 million yuan of the following fine; the circumstances are serious, ordered to suspend business rectification, or by the administrative organs for industry and commerce revocation of business licenses.
During the epidemic prevention and control period, masks may experience price increases due to tight supply. But individual merchants hoarding, significantly inflate the price of masks behavior contrary to the basic principles of honesty and trust, disturbing the market economic order, should bear the corresponding legal responsibility. For example, a pharmacy in Fengtai District, the purchase price of 200 yuan per box of masks raised to 850 yuan for sale to the public, the competent authorities imposed an administrative penalty of 3 million yuan.
Exaggerating the protective effect was fined China's advertising law provides that advertisements using data, statistics, survey results, digests, quotes and other cited content, should be true and accurate, and indicate the source. If the cited content has a scope of application and expiration date, it should be clearly indicated. Otherwise, the market supervision and management department ordered to stop advertising, the advertiser imposed a fine of less than 100,000 yuan.
The Municipal Supervision Bureau of Chibi City, Hubei Province, found in its daily inspection in 2018 that the packaging of activated carbon high protection masks sold by a company had "greater than 95% filtration effect on 0.3 μm particulate matter" and "BFE filtration efficiency of 99%" and other content, suspected of false exaggeration, failed to truthfully and accurately label the data source of the test conditions, in violation of the provisions of the law, but because of its cause of the violation of the law is minor and timely rectification, and did not cause harm to the consequences, and ultimately was sentenced to 20,000 yuan in fines.
Prevention and control of the new crown pneumonia epidemic, masks as an important epidemic prevention materials for thousands of households. Social demand for masks, testing the integrity of enterprises and businesses, responsibility and commitment. Producers should do a good job of production prevention and control, strict product quality; sellers in the purchase of masks and other anti-epidemic products in the process, but also to do a good job of checking, registration work, the external sales process to be more legal and compliant, to avoid unqualified products into the market, which not only establishes a business image of the inevitable requirements, but also to win the epidemic prevention and control of the battle of the must initiatives.
Legal basis: "The Chinese People's **** and State Administrative Licensing Law
Article 11 Setting of administrative licensing, shall follow the laws of economic and social development, is conducive to the play of the citizens, legal persons or other organizations of the initiative, initiative, to safeguard the interests of the public *** and the social order, and to promote the coordination of the economy, society and the ecological environment. development.
Article 12 The following matters can be set administrative licensing:
(1) directly related to national security, public **** security, economic macro-control, ecological environmental protection, as well as directly related to the safety of personal health, life and property, and other specific activities, which need to be approved in accordance with the legal conditions;
(2) the development and utilization of limited natural resources, the allocation of resources, as well as directly related to the public ****. (b) The exploitation and utilization of limited natural resources, allocation of public resources, and market access to specific industries directly related to public **** interests, matters requiring the granting of specific rights;
(c) Provision of public services and directly related to the interests of the public **** occupations, industries, need to determine the qualifications, qualifications, such as special credibility, special conditions, or special skills;
(d) Directly related to the security of the public, personal health, life and property safety of the important (D) directly related to public **** security, personal health, life and property safety of important equipment, facilities, products, goods, in accordance with technical standards, technical specifications, through inspection, testing, quarantine and other means of validation of matters;
(E) the establishment of enterprises or other organizations, the need to determine the subject matter of the qualification;
(F) laws and administrative regulations can be set up in accordance with the provisions of the administrative licensing of other matters.