§ 237. Penalties. Any person or persons, firm, partnership, corporation or association or any officer, director, employee or agent thereof who makes, or sells, or offers to sell or dispose of, or has in his or its possession, with intent to sell or dispose of, any article as herein defined to which is applied any quality mark which does not conform to all the provisions of this article, or from which is omitted any mark required by the provisions of this article, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or by both such fine and imprisonment in the discretion of the court provided however, that it shall be a defense to any prosecution under this article for the defendant to prove that the said article was manufactured and marked with the intention of and for purposes of exportation from the United States and that the said article was either actually exported from the United States to a foreign country within six months after date of manufacture thereof with the bona fide intention of being sold in the said country and of not being re-imported, or that it was delivered within six months after date of manufacture thereof to a person, firm or corporation whose exclusive customary business is the exportation of such articles from the United States.

Terms Used In N.Y. General Business Law 237

  • applied: include any method or means of application or attachment to, or of use on, or in connection with, or in relation to, an article, whether such application, attachment or use is to, on, by, in or with

    1. See N.Y. General Business Law 230
  • Article: means any article of merchandise and includes any portion of such article, whether a distinct part thereof, or not (including every part thereof whether or not separable and also including material for manufacture). See N.Y. General Business Law 230
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Mark: means any mark, sign, device, imprint, stamp, brand applied to any article, or to any tag, card, paper, label, box, carton, container, holder, package cover or wrapping attached to, used in conjunction with or enclosing such article or any bill, bill of sale, invoice, statement, letter, circular, advertisement, notice, memorandum, or other writing or printing. See N.Y. General Business Law 230
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Quality mark: is a ny mark as herein defined indicating, describing, identifying or referring to or appearing or seeming or purporting to indicate, describe, identify or refer to the partial or total presence or existence of or the quality of or the percentage of or the purity of or the number of parts of platinum, iridium, palladium, ruthenium, rhodium and/or osmium in any article. See N.Y. General Business Law 230
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