1. (1) A person who receives, holds, or sells adulterated or misbranded food is not subject to civil monetary or criminal penalties under this chapter if the person:

   1. (a) Establishes that receipt or sale of the food was in good faith;
   2. (b) Furnishes the identity of the entity from whom the food was received; and
   3. (c) Provides copies of all documents pertaining to the receipt and distribution of the food.

2. (2) If food is found to be adulterated or misbranded, a person who has given guarantee or warranty that the food complies with this chapter is not subject to civil monetary or criminal penalties under this chapter if the person:

   1. (a) Establishes that the guarantee or warranty was in good faith and in reliance on the guarantee or warranty by another entity;
   2. (b) Furnishes the identity of the entity providing the guarantee or warranty under (a) of this subsection; and
   3. (c) Provides copies of all documents pertaining to the receipt and distribution of the food.
3. (3) No publisher, broadcaster, or other disseminator of advertisement prepared by others is subject to civil or criminal penalties if the person establishes that receipt of the advertisement was in good faith and the person furnishes the identity of the entity that caused or created a false advertisement.

[ 2018 c 236 s 508.]