(1) Subject to Subsection (2), no retailer is subject to prosecution under this chapter if the retailer can establish that: (a) at the time an egg was purchased the seller guaranteed that the egg conformed to the grade, quality, size, and weight stated in the purchase invoice; and (b) the egg was labeled for sale by the retailer in accordance with the purchase invoice.
(a) at the time an egg was purchased the seller guaranteed that the egg conformed to the grade, quality, size, and weight stated in the purchase invoice; and
(b) the egg was labeled for sale by the retailer in accordance with the purchase invoice.
(2) The guaranty by the seller described in Subsection (1)(a) does not exempt a retailer from prosecution if the egg covered by the guaranty deteriorated to a lower grade or standard through some action or inaction of the retailer.
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