65-659. Same; penalties for violations of 65-657. - Kansas Statutes

65-659

Chapter 65.--PUBLIC HEALTH Article 6.--FOOD, DRUGS AND COSMETICS

      65-659.   Same; penalties for violations of 65-657.(a) Any person who violates any of the provisions of K.S.A. 65-657, asamended, shall be guilty of a misdemeanor and shall on conviction thereofbe subject to imprisonment for not more than sixty (60) days or a fine ofnot more than three hundred dollars ($300), or both such imprisonment andfine; but if the violation is committed after a conviction of such personunder this section has become final, such person shall be subject toimprisonment for not more than six (6) months, or a fine of not more thanone thousand dollars ($1,000), or both such imprisonment and fine.

      (b)   No person shall be subject to the penalties of subsection (a) or (c)if he establishes a guaranty of undertaking signed by, and containing thename and address of, the person residing in the United States from whom hereceived in good faith the article, to the effect that such article is notadulterated or misbranded within the meaning of this act, designating thisact.

      (c)   No publisher, radio-broadcast licensee, or agency or medium for thedissemination of an advertisement, except the manufacturer, packer,distributor, or seller or the article to which a false advertisementrelates, shall be liable under this section by reason of the disseminationby him of such false advertisement, unless he has refused, on the requestof the secretary to furnish the secretary the name and post-office addressof the manufacturer, packer, distributor, seller, or advertising agency,residing in the United States, who caused him to disseminate suchadvertisement.

      History:   L. 1953, ch. 286, § 5; L. 1974, ch. 352, §100; July 1.