Antigen detection reagents can't be bought in pharmacies, but many people sell or even promote them on social platforms.
The reporter contacted the sellers on the social platform, and they all claimed to have "factory resources to ensure regular supply". They asked customers to buy at least one box, and some even said "65,438+10,000 pieces, and if there is less, it will not be delivered", and publicly announced that "if you don't buy today, you will have to raise the price tomorrow".
Some netizens also posted information that the purchased reagents were suspected to have problems and were displayed by the system when they were uploaded after testing:
The QR code on the reagent has been uploaded and cannot be submitted again.
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The lawyer said,
individual
It is illegal to sell antigen reagents without permission.
If the reagent is forged and passed off as unqualified,
If the circumstances are serious, they may be sentenced to life imprisonment.
On March 30th, 2020, the State Administration of Pharmaceutical Products issued "Regulatory Requirements and Standards for Testing Reagents and Protective Articles in novel coronavirus, China", which listed novel coronavirus testing reagents as the third category of medical device management.
In March of this year, the State Administration of Medical Products issued.
Notice on doing a good job in the quality and safety supervision of antigen detection reagents in COVID-19
,
Retail pharmacies and medical device enterprises that need a Drug Business License or a Medical Device Business License and have corresponding storage conditions can sell COVID-19 antigen detection reagents.
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According to the information of the eye examination,
Recently, many companies were fined for illegally selling COVID-19 antigen detection reagents.
. Among them, a logistics company in Shanghai bought antigen kits at the price of RMB/person without permission, and then sold them at the price of RMB 10 yuan/person, selling 46 copies of 460 yuan, and was fined 50,000 yuan, and its illegal income was confiscated.
On February 7th, 65438, Chaoyang District Market Supervision Bureau received a report and initiated an investigation into the high-priced sales of antigen kits by Chaoyang No.1 Branch of Beijing Rehabilitation Home Medical Products Co., Ltd. ..
Fu Jian, director of Henan Jinze Law Firm, said that COVID-19 virus detection reagents belong to the third category of medical devices.
It is illegal for unqualified individuals to sell privately.
The pharmaceutical supervisory and administrative department at or above the county level shall order it to stop its business operation, confiscate the illegally operated products and illegal income, and impose a fine of more than two times and less than five times the illegal income if the illegal income is more than 5,000 yuan; In addition to administrative punishment, if it involves disrupting market order and the circumstances are serious, it may be suspected of illegal business operations.
If the illegal business amount exceeds 50,000 yuan, or the illegal income exceeds 1 10,000 yuan, it will be
Those who have reached the standard of criminal prosecution shall be placed on file for investigation by the public security organ.
Fu Jian said that if the antigen reagents sold privately 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, it is also suspected of producing and selling fake and shoddy products. According to the provisions of the criminal law,
If the sales exceed 2 million,
The maximum penalty is life imprisonment,
And impose a fine of more than 50% and less than 2 times the sales amount, or confiscate the property.
People have noticed that many places have taken corresponding measures to deal with the situation that people privately sell medical products related to the epidemic. Among them, the Baoding Municipal Market Supervision Bureau and the Municipal Public Security Bureau of Hebei Province have even released
The Notice on Combating Illegal Acts of Drugs and Medical Devices during Epidemic Prevention and Control stipulates that individuals are strictly prohibited from operating drugs and medical devices in any form.
It is noted that many places have taken corresponding measures in view of the above situation. Among them,
Baoding City Market Supervision Bureau, Hebei Province, Municipal Public Security Bureau,
And issued a notice on illegal and criminal acts involving drugs and medical devices during the epidemic prevention and control period:
Baoding market supervision management bureau
Baoding bureau of public security
Medical devices involving drugs in the process of epidemic prevention and control
Notice of illegal and criminal acts
In order to comprehensively strengthen the management of drugs and medical devices during the epidemic prevention and control period, the Municipal Market Supervision Bureau and the Municipal Public Security Bureau severely cracked down on illegal and criminal acts that disrupted the operation order of the city's drug market and purified the order of the drug market. The relevant information is hereby notified as follows:
1. Individuals are strictly prohibited from dealing in drugs and medical devices in any form.
Drugs and medical devices are special commodities. According to the relevant provisions of the Drug Administration Law of People's Republic of China (PRC), a drug business license must be obtained. The state implements classified management of medical devices according to the degree of risk. According to the relevant provisions of the Regulations on the Supervision and Administration of Medical Devices, it is necessary to obtain the Medical Device Business License to operate Class III medical devices. Novel coronavirus antigen detection reagent belongs to the third class of medical devices. All retail pharmacies and medical device enterprises that have obtained the Drug Business License or the Medical Device Business License and have corresponding storage conditions can sell COVID-19 antigen detection reagents; But if the mode of operation is only retail, it shall not engage in wholesale business.
Those who sell drugs without obtaining the Drug Business License shall be ordered to close down, the illegally sold drugs and illegal income shall be confiscated, and a fine of more than 15 and less than 30 times the value of illegally sold drugs shall be imposed; If the value of the goods is less than100000 yuan, it shall be calculated as100000 yuan. If the sale of counterfeit and inferior drugs constitutes a crime, criminal responsibility shall be investigated according to law.
Second, earnestly safeguard the legitimate rights and interests of consumers.
When purchasing drugs and medical devices through informal channels such as WeChat friends circle and WeChat group, the quality and safety of medical devices cannot be guaranteed, and due to personal privacy restrictions, it also brings great difficulties to traceability and rights protection. Remind consumers to purchase drugs and medical devices through legal channels and regular medical device business units, and keep sales vouchers as the basis for safeguarding rights.
Third, strengthen supervision and law enforcement.
Market supervision departments at all levels, together with public security organs, will continue to strengthen the supervision and enforcement of the whole chain of drugs and medical devices, and always maintain a high-pressure situation against illegal and criminal acts of drugs and medical devices during the epidemic prevention and control period. The clues of problems found in daily inspections, supervision and spot checks, complaints and reports, network monitoring and other channels should be traced back to the source and checked to the end; If any violation of laws and regulations is found, it shall be investigated and punished; Suspected of a criminal offence, transferred to public security organs for criminal responsibility.
The general public is welcome to actively participate and call the complaint hotline 123 15 in time to report illegal sales of drugs and medical devices, suspected sales of counterfeit and inferior drugs and medical devices, and maintain the safety of medical devices and the order of market operation in our city.
Baoding market supervision management bureau
Baoding bureau of public security
65438+February 9, 2022