00, or both; but if the violation is committed after a conviction of the person under this section has become final, the person shall be imprisoned for not more than one year or fined not more than $2,500.00, or both. (b) A person shall not be subject to the penalties of subsection (a) of this section for having violated subdivision 4052(1) or (3) of this title 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 Vermont from whom he or she received in good faith the article, to the effect that the article is not adulterated or misbranded within the meaning of this chapter, designating this chapter. (c) No publisher, radio 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 by reason of the dissemination by the person of such false advertisement, unless cker, distributor, or seller of the article to which a false advertisement relates, shall be liable under this section by reason of the dissemination by the person of such false advertisement, unless the person has refused, on the request of the Commissioner, to furnish the Commissioner the name and post office address of the manufacturer, packer, distributor, seller, or advertising agency, residing in the State of Vermont, who causes the person to disseminate such advertisement. (Added 1959, No. 172, § 5, eff. May 12, 1959; amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 2023, No. 53, § 85, eff. June 8, 2023.)
Vermont Legal Code