§ 4 — Penalties for violation of Sec. 3; exceptions

Massachusetts § 4

• Jurisdiction: Massachusetts
• Part I: ADMINISTRATION OF THE GOVERNMENT
• Title XV: REGULATION OF TRADE
• Ch. 94B: HAZARDOUS SUBSTANCES

Text

Section 4. Any person who violates any of the provisions of section three shall be punished for a first offense by a fine of not less than one hundred dollars nor more than five hundred dollars or by imprisonment for not more than ninety days, or both; and for a second and subsequent offenses, shall be punished by imprisonment for not more than one year, or a fine of not less than six hundred dollars not more than three thousand dollars, or both; provided, however, that no person shall be subject to such penalties for having violated the provisions of paragraph (c) of section three if the receipt, delivery, or proffered delivery of the hazardous substance, was made in good faith, unless he refused to furnish on request of an officer or employer duly designated by the commissioner the name and address of the person from whom he purchased or received such hazardous substance, and copies of all documents, if any there be, pertaining to the delivery of the hazardous substances to him; or for having violated paragraph (d) of section three if he establishes a guarantee or undertaking signed by, and containing the name and address of, the person residing in the United States from whom he received in good faith the hazardous substance, to the effect that the hazardous substance is not a misbranded hazardous substance or a banned hazardous substance within the meaning of those terms in this chapter, or for having violated paragraph (a) of section three in respect to any hazardous substance shipped or delivered for shipment for export to any foreign country, in a package marked for export on the outside of the shipping container and labeled in accordance with the specifications of the purchaser and in accordance with the laws of the United States or of the foreign country.