(1) Any person, firm, corporation or association who or which makes or sells or offers to sell or dispose of, has in his or its possession with intent to sell or dispose of, any article of merchandise, except watch cases and flatware, made in whole or in part of gold or of any alloy of gold and having stamped, branded, engraved or imprinted thereon, or upon any tag, card or label attached thereto, or upon any box, package, cover or wrapper in which the article is encased or enclosed, any mark indicating or designed or intended to indicate that the gold or alloy of gold in such article (a) is of a greater degree or karat of fineness by more than one-half of one karat than the actual quality or fineness of such gold or alloy, which actual quality or fineness shall be determined by test, analysis or assay from which there shall be excluded all solder or alloy of inferior fineness used for brazing or uniting the parts of said article, or (b) is of a greater degree or karat of fineness by more than one karat than the actual quality or fineness of such gold or alloy which actual quality or fineness shall be determined by test, analysis or assay in which there shall be included all solder or alloy of inferior fineness used for brazing or uniting the parts of said article, is guilty of a misdemeanor.

(2) Any person, firm, corporation or association who or which 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 watch case or article of flatware made in whole or in part of gold or any alloy of gold and having stamped, branded, engraved or imprinted thereon, or upon any tag, card or label attached thereto, or upon any box, package, cover or wrapper in which the article is encased or enclosed, any mark indicating or designed or intended to indicate that the gold or the alloy of gold in such article (a) is of a greater degree or karat of fineness by more than three one-thousandths parts than the actual quality of fineness of such watch case or article of flatware, which actual quality or fineness shall be determined by test, analysis or assay from which there shall be excluded all solder or alloy of inferior fineness used for brazing or uniting the parts of said article, or (b) is of a greater degree or karat of fineness by more than one karat than the actual quality or fineness of such gold or alloy which actual quality or fineness shall be determined by test, analysis or assay in which there shall be included all solder or alloy of inferior fineness used for brazing or uniting the parts of said article, is guilty of a misdemeanor.