196.025. Punishment for violations, exceptions. - Missouri Statutes

Punishment for violations, exceptions.

196.025. 1. Any person who violates any of the provisions of section196.015 shall, on conviction, be adjudged guilty of a misdemeanor, andpunished by a fine of not more than one thousand dollars, or imprisonment fornot more than one year or by both such fine and imprisonment.

2. No person shall be subject to the penalties of subsection 1 of thissection for having violated section 196.015(1) or 196.015(3), if heestablishes a guaranty or undertaking signed by the person from whom hepurchased the food, drug, device, or cosmetic; if a resident of this state,that the food, drug, device, or cosmetic is not adulterated or misbrandedwithin the meaning of sections 196.010 to 196.120, designating it, or, if anonresident of this state residing in the United States, or a resident of thisstate engaged in interstate commerce with reference to the product involved,that the food, drug, device, or cosmetic is not adulterated or misbrandedwithin the meaning of an act of congress entitled "An act to prohibit themovement in interstate commerce of adulterated and misbranded food, drugs,devices, and cosmetics, and for other purposes" approved June 25, 1938, andthe supplements and amendments thereto.

3. No publisher, radio broadcast licensee, or agency or medium for thedissemination of an advertisement, except the manufacturer, packer,distributor, or seller of the article to which a false advertisement relatesshall be liable under this section by reason of the dissemination by him ofsuch false advertisement, unless he has refused, on the request of thedepartment of health and senior services to furnish the said department thename and post-office address of the manufacturer, packer, distributor, seller,or advertising agency, residing in the state of Missouri, or in the UnitedStates, who caused him to disseminate such advertisement.

(L. 1943 p. 559 § 9860)