(1) Any person who violates any of the provisions of section 25-5403 (1) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment; but, if the violation is committed after a conviction of such person under this section has become final, such person shall be subject to a fine of not more than two thousand dollars, or to imprisonment for not more than one year, or to both such fine and imprisonment for each succeeding offense. Each violation shall be considered a separate offense.
No person shall be subject to the penalties of subsection (1) of this section for havingviolated section 25-5-403 (1)(a) or (1)(c) if he establishes a valid guaranty or undertaking signed by and containing the name and address of the person residing in the United States 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 part 4, designating this part 4.
No publisher, radio-broadcast licensee, television licensee, or agency or medium forthe 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 refuses, on the request of the department, to furnish the department the name and post-office address of the manufacturer, packer, distributor, seller, or advertising agency residing in the United States who caused him to disseminate such advertisement.
Any person who violates section 25-5-403 (2) is guilty of a misdemeanor and, uponconviction thereof, shall be punished by a fine of not more than seven hundred fifty dollars.
Source: L. 57: p. 427, § 5. CRS 53: § 66-22-5. C.R.S. 1963: § 66-20-5. L. 70: p. 213, §
17. L. 89: (4) amended, p. 709, § 4, effective July 1.