36-795.03. Enforcement; violations; classification

A. In addition to the violations and remedies specified in this section, violations and enforcement of this article are governed by chapter 8 of this title.

B. A processor or retailer that violates section 36-795.01, subsection B or section 36-795.02 is guilty of a class 2 misdemeanor.

C. In addition to and distinct from any other remedy at law or equity, a person aggrieved by a violation of section 36-795.01, subsection B or section 36-795.02, subsection A may bring a private cause of action in a court of competent jurisdiction for damages resulting from that violation, including economic, noneconomic or consequential damages.

D. A processor or retailer does not violate section 36-795.01, subsection B or section 36-795.02, subsection A if the court finds by a preponderance of the evidence that the processor or retailer relied in good faith on the representation of a manufacturer, packer or distributor that the food was a kratom product.