[§328-116]  Penalty; exceptions.  (a) Any person who violates this part or rules adopted under this part shall befined not more than $500, or imprisoned not more than one year, or both.

(b)  No person shall be subject to thepenalties of subsection (a) of this section for having violated this part orrules adopted under this part if the person establishes a guaranty orundertaking signed by, and containing the name and address of, the individualfrom whom the person received the article in good faith, to the effect that thearticle is not  adulterated or misbranded within the meaning of part I of thischapter. [L 1992, c 196, pt of §2]