3-2159. Violations; classification
A. Any person who violates section 3-2156, 3-2157, 3-2158 or 3-2161 is guilty of a
class 1 misdemeanor, but if such violation involves intent to defraud, or any
distribution or attempted distribution of an article that is adulterated, except as
defined in section 3-2151, paragraph 1, subdivision (i), such person is guilty of a class
6 felony. When construing or enforcing the provisions of this article omission or
failure of any person acting for or employed by any individual, partnership, corporation
or association within the scope of his employment or office shall in every case be deemed
the act, omission or failure of such individual, partnership, corporation or association,
as well as of such person.
B. No carrier shall be subject to the penalties of this article, other than the
penalties for violation of section 3-2158, by reason of his receipt, carriage, holding or
delivery, in the usual course of business as a carrier of poultry or poultry products
owned by another person, unless the carrier has knowledge or is in possession of facts
which would cause a reasonable person to believe that such poultry or poultry products
were not inspected or marked or were otherwise not eligible for transportation or unless
the carrier refuses to furnish on request of a representative of the department the name
and address of the person from whom he received such poultry or poultry products, and
copies of all documents, if any, pertaining to the delivery of the poultry or poultry
products to such carrier.
C. A person who violates a provision of this article for which a specific criminal
classification is not prescribed is guilty of a class 2 misdemeanor.
|