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

(b)  No person shall be subject to thepenalties of subsection (a) of this section, for having violated section328-6(1) or (3) if he establishes a guaranty or undertaking signed by, andcontaining the name and address of, the person residing in the State from whomhe received in good faith the article, to the effect that the article is notadulterated or misbranded within the meaning of this part, designating thispart.

(c)  No publisher, radio-broadcast licensee, oragency or medium for the dissemination of an advertisement, except themanufacturer, packer, distributor, or seller of the article to which a falseadvertisement relates, shall be liable under this section by reason of thedissemination by him of such false advertisement, unless he has refused on therequest of the department of health to furnish the department the name and postoffice address of the manufacturer, packer, distributor, seller, or advertisingagency 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; amL Sp 1959 2d, c 1, §19; HRS §328-29]