Section 113080 Of Article 3. Prohibited Acts And Penalties From California Health And Safety Code >> Division 104. >> Part 6. >> Chapter 10. >> Article 3.
113080
. (a) Any person who violates any of the provisions of this
chapter or the regulations promulgated under this chapter is subject
to imprisonment for not more than six months or a fine of not more
than one thousand dollars ($1,000), or both that imprisonment and
fine; but if the violation is committed after a conviction of that
person under this section has become final, or the violation is
committed with intent to defraud or mislead, the person shall be
subject to imprisonment for not more than one year, or a fine of not
more than one thousand dollars ($1,000), or both imprisonment and
fine.
(b) No person shall be subject to the penalties of subdivision (a)
for having violated provisions of this chapter if he or she
establishes a guaranty or undertaking signed by, and containing the
name and address of, the person residing in the State of California
from whom he or she received in good faith the article, to the effect
that the article conforms to all provisions of this chapter,
designating this chapter.
If the guaranty is to the effect that the article is not in
violation within the meaning of the federal act, as provided in
Section 303 (c) of the federal act, it shall be sufficient for all
the purposes of this chapter and have the same force and effect as
though it referred to this chapter, unless at any time the standard
for the article concerned under this chapter is higher than the
standard for a like article under the federal act.
(c) No publisher, radio or television broadcast 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, shall be liable under this
section for the dissemination of false advertisement, unless he or
she 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 California who caused him or her to disseminate the
advertisement.