(a) Any person who violates any of the provisions of § 713 of this title, shall be guilty of a misdemeanor and upon conviction shall be punished with imprisonment for a term not greater than three (3) months or with a fine of not less than five hundred dollars ($500) nor greater than five thousand dollars ($5,000), or with both penalties; if the violation is committed after judgment has been rendered in last instance, said person shall be punished with imprisonment for a term not greater than one (1) year or with a fine not greater than ten thousand dollars ($10,000), or both penalties, at the discretion of the court.
(b) No person shall be subject to the penalties of subsection (a) of this section, for having violated subsection (a) or (c) of § 713 of this title if he establishes a guaranty or undertaking signed by, and containing the name and address of, the person residing in the Commonwealth from whom he received in good faith the article, to the effect that such article is not adulterated or misbranded within the meaning of this chapter, designating §§ 711—732 of this title.
(c) No publisher, radio-broadcast licensee, or agency or medium for the dissemination of an advertisement, 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 refuses to furnish the Secretary, at the request of the latter, the name and post office address of the manufacturer, packer, distributor, seller or advertising agency, residing in the Commonwealth of Puerto Rico, who furnished said advertisement; the manufacturer, packer, distributor or seller of such articles, however, shall be liable for said advertisements.
History —Apr. 26, 1940, No. 72, p. 492, § 5; Jan. 31, 2006, No. 53, § 1.