Sec. 21a-338. (Formerly Sec. 19-561). Penalty.
Sec. 21a-338. (Formerly Sec. 19-561). Penalty. (a) Any person who violates any
of the provisions of section 21a-337 shall be guilty of a class B misdemeanor but an
offense committed with intent to defraud or mislead, or a second or subsequent offense,
shall be an unclassified misdemeanor for which the penalty shall be imprisonment for
not more than one year, or a fine of not more than five thousand dollars or both such
imprisonment and fine.
(b) No person shall be subject to the penalties of subsection (a) of this section, (1)
for having violated subdivision (4) of section 21a-337 if the receipt, delivery or proffered
delivery of the hazardous substance was made in good faith, unless such person refuses
to furnish, on request of an officer or employee duly designated by the administrator,
the name and address of the individual or entity from whom such person purchased or
received such hazardous substance, and copies of all documents, if any there be, pertaining to the delivery of the hazardous substance to such person; or (2) for having
violated subdivision (1) of said section 21a-337, if such person establishes a guarantee
or undertaking signed by, and containing the name and address of, the person residing
in the United States from whom such person 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 sections
21a-335 to 21a-346, inclusive.
(1971, P.A. 121, S. 4; P.A. 08-106, S. 7.)
History: Sec. 19-561 transferred to Sec. 21a-338 in 1983; P.A. 08-106 amended Subsec. (a) by changing violation from
class C to class B misdemeanor and increasing fine from $3,000 to $5,000 and made technical changes in Subsec. (b).