N.Y. General Business Law § 237: Penalties

§ 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.