§ 36-914 — Violation; classification; guaranty

A. Any person who violates any of the provisions of section 36-902 is guilty of a class 2 misdemeanor. In the instance of a continuing violation, each day constitutes a separate offense.

B. No person shall be subject to the penalties of subsection A of this section for having violated paragraph 1 or 3 of section 36-902 if he establishes a guaranty or undertaking, designating this article, and signed by and containing the name and address of the person residing in the state of Arizona, from whom he received the article in good faith, to the effect that such article is not adulterated or misbranded within the meaning of this article.

C. No publisher, broadcast or telecast licensee or agency or medium for the dissemination of an advertisement shall be liable under this section by reason of the dissemination by him of such false advertisement, unless one or more of the following exists:

1. He knew or had reason to know that the advertisement was false.

2. He is also the manufacturer, packer, distributor or seller of the food to which the false advertisement relates.

3. He has refused a request of the director to furnish the director the name and post-office address of the manufacturer, packer, distributor, seller or advertising agency who caused him to disseminate such advertisement.