[§328-116]  Penalty; exceptions.  (a)  Any person who violates this part or rules adopted under this part 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 this part or rules adopted under this part if the person establishes a guaranty or undertaking signed by, and containing the name and address of, the individual from whom the person received the article in good faith, to the effect that the article is not  adulterated or misbranded within the meaning of part I of this chapter. [L 1992, c 196, pt of §2]