§ 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.