50-31-507. Exceptions to penalties. (1) A person is not subject to the penalties of 50-31-506 for having violated 50-31-501(1) or (3) if the person establishes a guaranty or undertaking signed by and containing the name and address of the person residing in the state of Montana from whom the person received in good faith the article to the effect that the article is not adulterated or misbranded within the meaning of this chapter, designating this chapter.
(2) The publisher, radiobroadcast 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, is not liable under 50-31-506 by reason of the dissemination by the person of the false advertisement, unless the person has refused, 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 state of Montana who causes the person to disseminate the advertisement.
History: En. Sec. 5, Ch. 307, L. 1967; R.C.M. 1947, 27-705(b), (c); amd. Sec. 1844, Ch. 56, L. 2009.