Revised Code of Washington
Chapter 69.04 - Intrastate Commerce in Drugs and Cosmetics.
69.04.080 - Avoidance of penalty.

RCW 69.04.080
Avoidance of penalty.

No person shall be subject to the penalties of RCW 69.04.060:
(1) For having violated RCW 69.04.040(3), if he or she establishes that he or she received and sold such article in good faith, unless he or she refuses on request of the director to furnish the name and address of the person in the state of Washington from whom he or she received such article and copies of all available documents pertaining to his or her receipt thereof; or
(2) For having violated RCW 69.04.040 (1), (3), or (4), if he or she establishes a guaranty or undertaking signed by, and containing the name and address of, the person in the state of Washington from whom he or she received such article in good faith, to the effect that such article complies with this chapter; or
(3) For having violated RCW 69.04.040(5), if he or she establishes a guaranty or undertaking signed by, and containing the name and address of, the person in the state of Washington from whom he or she received such advertisement in good faith, to the effect that such advertisement complies with this chapter; or
(4) For having violated RCW 69.04.040(9), if he or she establishes that he or she gave such guaranty or undertaking in good faith and in reliance on a guaranty or undertaking to him or her, which guaranty or undertaking was to the same effect and was signed by, and contained the name and address of, a person in the state of Washington.

[ 2012 c 117 § 329; 1945 c 257 § 26; Rem. Supp. 1945 § 6163-75.]

Structure Revised Code of Washington

Revised Code of Washington

Title 69 - Food, Drugs, Cosmetics, and Poisons

Chapter 69.04 - Intrastate Commerce in Drugs and Cosmetics.

69.04.001 - Statement of purpose.

69.04.002 - Introductory.

69.04.003 - "Federal act" defined.

69.04.004 - "Intrastate commerce."

69.04.005 - "Sale."

69.04.006 - "Director."

69.04.007 - "Person."

69.04.008 - "Food."

69.04.009 - "Drugs."

69.04.010 - "Device."

69.04.011 - "Cosmetic."

69.04.012 - "Official compendium."

69.04.013 - "Label."

69.04.014 - "Immediate container."

69.04.015 - "Labeling."

69.04.016 - "Misleading labeling or advertisement," how determined.

69.04.017 - "Antiseptic" as germicide.

69.04.018 - "New drug" defined.

69.04.019 - "Advertisement."

69.04.020 - "Contaminated with filth."

69.04.040 - Prohibited acts.

69.04.050 - Remedy by injunction.

69.04.060 - Criminal penalty for violations.

69.04.070 - Additional penalty.

69.04.080 - Avoidance of penalty.

69.04.090 - Liability of disseminator of advertisement.

69.04.100 - Condemnation of adulterated or misbranded article.

69.04.110 - Embargo of articles.

69.04.120 - Procedure on embargo.

69.04.130 - Petitions may be consolidated.

69.04.140 - Claimant entitled to sample.

69.04.150 - Damages not recoverable if probable cause existed.

69.04.160 - Prosecutions.

69.04.170 - Minor infractions.

69.04.180 - Proceedings to be in name of state.

69.04.370 - Right of access for inspection.

69.04.410 - Drugs—Adulteration by harmful substances.

69.04.420 - Drugs—Adulteration for failure to comply with compendium standard.

69.04.430 - Drugs—Adulteration for lack of represented purity or quality.

69.04.440 - Drugs—Adulteration by admixture or substitution of ingredients.

69.04.450 - Drugs—Misbranding by false labeling.

69.04.460 - Packaged drugs—Misbranding.

69.04.470 - Drugs—Misbranding by lack of prominent label.

69.04.480 - Drugs—Misbranding for failure to state content of habit forming drug.

69.04.490 - Drugs—Misbranding by failure to show usual name and ingredients.

69.04.500 - Drugs—Misbranding by failure to give directions for use and warnings.

69.04.510 - Drugs—Misbranding for improper packaging and labeling.

69.04.520 - Drugs—Misbranding for failure to show possibility of deterioration.

69.04.530 - Drugs—Misbranding by misleading representation.

69.04.540 - Drugs—Misbranding by sale without prescription of drug requiring it.

69.04.550 - Drugs exempt if in transit for completion purposes.

69.04.560 - Dispensing of certain drugs exempt.

69.04.565 - DMSO (dimethyl sulfoxide) authorized.

69.04.570 - Introduction of new drug.

69.04.580 - Application for introduction.

69.04.590 - Effective date of application.

69.04.600 - Denial of application.

69.04.610 - Revocation of denial.

69.04.620 - Service of order of denial.

69.04.630 - Drug for investigational use exempt.

69.04.640 - Court review of denial.

69.04.650 - Dispensing of certain drugs exempt.

69.04.660 - Federally licensed drugs exempt.

69.04.670 - Cosmetics—Adulteration by injurious substances.

69.04.680 - Cosmetics—Misbranding by false label, etc.

69.04.690 - Cosmetics—Misbranding by lack of prominent label.

69.04.700 - Cosmetics exempt if in transit for completion purposes.

69.04.710 - Advertisement, when deemed false.

69.04.720 - Advertising of cure of certain diseases deemed false.

69.04.730 - Enforcement, where vested—Regulations.

69.04.740 - Regulations to conform with federal regulations.

69.04.750 - Hearings.

69.04.761 - Hearing on proposed regulation—Procedure.

69.04.770 - Review on petition prior to effective date.

69.04.780 - Investigations—Samples—Right of entry—Verified statements.

69.04.790 - Owner may obtain part of sample.

69.04.800 - Access to records of other agencies.

69.04.810 - Access to records of intrastate carriers.

69.04.820 - Right of entry to factories, warehouses, vehicles, etc.

69.04.830 - Publication of reports of judgments, orders and decrees.

69.04.840 - Dissemination of information.

69.04.850 - Construction—1945 c 257.

69.04.860 - Effective date of chapter—1945 c 257.

69.04.880 - Civil penalty.