(a) Any person who violates any of the provisions of § 68-131-104 commits a Class B misdemeanor.(b) No person shall be subject to the penalties of subsection (a) for having violated:
(1) Section 68-131-104(3), 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 commissioner, the name and address of the person 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) Section 68-131-104(1), 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 this part.
