§328-29  Penalty; exceptions.  (a)  Any
person who violates section 328-6 shall be fined not more than $500, or
imprisoned not more than one year, or both.



(b)  No person shall be subject to the
penalties of subsection (a) of this section, for having violated section
328-6(1) or (3) if he establishes a guaranty or undertaking signed by, and
containing the name and address of, the person residing in the State from whom
he received in good faith the article, to the effect that the article is not
adulterated or misbranded within the meaning of this part, designating this
part.



(c)  No publisher, radio-broadcast licensee, or
agency or medium for the dissemination of an advertisement, except the
manufacturer, packer, distributor, or seller of the article to which a false
advertisement relates, shall be liable under this section by reason of the
dissemination by him of such false advertisement, unless he has refused on the
request of the department of health to furnish the department the name and post
office address of the manufacturer, packer, distributor, seller, or advertising
agency residing in the State who caused him to disseminate such advertisement.
[L 1941, c 318, §25; RL 1945, §2231; am L 1953, c 110, §1; RL 1955, §51-30; am
L Sp 1959 2d, c 1, §19; HRS §328-29]