Sec. 17765. A person is not subject to penalties for a violation of this part dealing with adulteration
or misbranding, if the person establishes that a guaranty or undertaking was made
in accordance with the federal act, or that a guaranty was signed by and contains
the name and address of the person residing in this state from whom the former person
received in good faith the drug or device, to the effect that the drug or device is
not adulterated or misbranded within the meaning of this part. The guaranty does not protect the seller if the product is adulterated or misbranded
under this part and the board has previously given written notice to the seller of
that fact. The board shall not serve notice on the seller until the board has notified the
manufacturer or wholesale distributor of the findings of the state analyst with reference
to the product. The notice to the manufacturer or wholesale distributor shall be written and shall
be mailed at least 10 days before a notice is given to a seller under this section.
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