The sale of medicines by pharmaceutical representatives to private individuals belongs to the resale of medicines, which is an illegal act and constitutes a crime. The illegal behavior of selling drugs, according to the law to be banned, confiscate the illegal production, sale of drugs and illegal income. And impose a fine of fifteen times or more than thirty times the illegal production and sale of drugs (including sold and unsold drugs); the value of less than 100,000 yuan, calculated according to 100,000 yuan; constitute a crime, shall be investigated for criminal responsibility.
Overall, drug retailing targets sales to individuals, while drug wholesalers cannot sell drugs to individuals, but should sell to drug retailers, drug wholesalers, medical institutions and other units.
Legal basis:
"Chinese People's **** and the State Drug Administration Law"
Article 51
Engaged in pharmaceutical wholesale activities, shall be approved by the people's governments of the provinces, autonomous regions and municipalities directly under the Central People's Government drug supervision and management department, to obtain the drug business license. Engaged in pharmaceutical retail activities, shall be approved by the local people's government at or above the county level, drug supervision and management department, to obtain a drug license. Without a drug license, shall not operate drugs.
The drug license shall indicate the validity period and scope of business, the expiration of the re-examination of the license.
Drug supervision and management departments to implement the drug license, in addition to the conditions set out in Article 52 of this Law, should also follow the principle of facilitating the public purchase of drugs.
Article 52
To engage in pharmaceutical business activities shall have the following conditions:
(1) a pharmacist or other pharmacy technicians qualified in accordance with the law;
(2) with the operation of the drugs appropriate business premises, equipment, warehousing facilities and sanitation;
(3) with the operation of the drugs appropriate quality control institutions or personnel;
(4) with the operation of the drugs appropriate quality control institutions or personnel;
(5) with the operation of the pharmaceutical business activities shall be subject to the following conditions Quality management organization or personnel;
(d) have to ensure the quality of drugs regulations and systems, and in line with the State Council drug supervision and management department in accordance with the requirements of this Law formulated by the quality management standard of drug business.
Article 53
To engage in drug business activities, it shall comply with the quality management standard for drug business, establish and improve the quality management system for drug business, and ensure that the whole process of drug business continues to meet the statutory requirements.
The State encourages and guides drug retail chain operations. The headquarters of enterprises engaged in the retail chain operation of drugs shall establish a unified quality management system, and fulfill the management responsibility for the business activities of the retail enterprises under them.
The legal representative of the drug business enterprises, the main person in charge of the enterprise's drug business activities are fully responsible.