(410 ILCS 620/5) (from Ch. 56 1/2, par. 505)
Sec. 5.
(a) A person who violates any of the provisions of this Act,
other than Sections 3.22 and 6, is guilty of a Class C misdemeanor; but if
the violation is committed after a conviction of such person under this
Section has become final, the person shall be guilty of a Class A
misdemeanor. A person who violates the provisions of Section 6 of this Act
is guilty of a Class A misdemeanor; but if the violation is committed after
a conviction of such person under this Section has become final, the person
shall be guilty of a Class 4 felony.
(b) No person is subject to the penalties of subsection (a) of this
Section for (1) violating Section 3.1 or 3.3 if he establishes a guaranty or
undertaking signed by and containing the name and address of the person
residing in the State of Illinois from whom he received the article in good
faith, to the effect that the article is not adulterated
within the meaning of this Act, designating this Act; or (2) for having
violated clause (2) of Section 3.16 if such person acted in good faith and
had no reason to believe that the use of the punch, die, plate, stone or
other thing involved would result in a drug being a counterfeit drug, or
for having violated clause (3) of Section 3.16 if the person doing the act
or causing it to be done acted in good faith and had no reason to believe
that the drug was a counterfeit drug.
(c) No publisher, radio-broadcast licensee, 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
is liable under this Section for the dissemination of such false
advertisement unless he has refused on the request of the Director to
furnish the Director the name and post office address of the manufacturer,
packer, distributor, seller or advertising agency residing in the State of
Illinois who causes him to disseminate such advertisement.
(d) No person shall be subject to the penalties of subsection (a) of
this Section for a violation of Section 3 involving misbranded food if the
violation exists solely because the food is misbranded under subsection
(c) of Section 11 because of its advertising, and no person shall be
subject to the penalties of subsection (a) of this Section for such a
violation unless the violation is committed with the intent to defraud
or mislead.
(Source: P.A. 97-872, eff. 7-31-12.)
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