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HB4978 |
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LRB093 20835 RXD 46760 b |
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| who violates the provisions of Section 6 of this Act
is guilty |
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| of a Class A misdemeanor; but if the violation is committed |
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| after
a conviction of such person under this Section has become |
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| final, the person
shall be guilty of a Class 4 felony.
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| (b) No person is subject to the penalties of subsection (a) |
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| of this
Section for (1) violating Section 3.1 or 3.3 if he |
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| establishes a guaranty or
undertaking signed by and containing |
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| the name and address of the person
residing in the State of |
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| Illinois from whom he received the article in good
faith, to |
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| the effect that the article is not adulterated or misbranded
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| within the meaning of this Act, designating this Act; or (2) |
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| for having
violated clause (2) of Section 3.16 if such person |
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| acted in good faith and
had no reason to believe that the use |
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| of the punch, die, plate, stone or
other thing involved would |
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| result in a drug being a counterfeit drug, or
for having |
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| violated clause (3) of Section 3.16 if the person doing the act
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| or causing it to be done acted in good faith and had no reason |
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| to believe
that the drug was a counterfeit drug.
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| (c) No publisher, radio-broadcast licensee, agency or |
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| medium for the
dissemination of an advertisement, except the |
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| manufacturer, packer,
distributor or seller of the article to |
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| which a false advertisement relates
is liable under this |
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| Section for the dissemination of such false
advertisement |
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| unless he has refused on the request of the Director to
furnish |
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| the Director the name and post office address of the |
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| manufacturer,
packer, distributor, seller or advertising |
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| agency residing in the State of
Illinois who causes him to |
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| disseminate such advertisement.
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| (d) No person shall be subject to the penalties of |
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| subsection (a) of
this Section for a violation of Section 3 |
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| involving misbranded food if the
violation exists solely |
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| because the food is misbranded under subsection
(c) of Section |
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| 11 because of its advertising, and no person shall be
subject |
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| to the penalties of subsection (a) of this Section for such a
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| violation unless the violation is committed with the intent to |
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| defraud
or mislead.
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