(a) Any person who violates any of the provisions of § 68-131-104 commits a Class B misdemeanor.

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class B misdemeanorup to 6 monthsup to $500
For details, see Tenn. Code § 40-35-111

Terms Used In Tennessee Code 68-131-105

  • Banned hazardous substance: means :
    (i) Any toy or other article intended for use by children, that:
    (a) Is a hazardous substance. See Tennessee Code 68-131-102
  • Commissioner: means the commissioner of agriculture or the commissioner's legally authorized representative or agent. See Tennessee Code 68-131-102
  • Hazardous substance: means :
    (i) Any substance or mixture of substances that:
    (a) Is toxic. See Tennessee Code 68-131-102
  • Misbranded hazardous substance: means a hazardous substance, including a toy, or other article intended for use by children, which is a hazardous substance, or which bears or contains a hazardous substance in such manner as to be susceptible of access by a child to whom such toy or other article is entrusted, intended or packaged in a form suitable for use in the household or by children, which substance, except as otherwise provided by or pursuant to §. See Tennessee Code 68-131-102
  • Person: includes an individual, partnership, corporation, or association, or the person's legal representative or agent. See Tennessee Code 68-131-102
  • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(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.
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