50-30-305. Exceptions to penalty. A person is not subject to the penalties of 50-30-304:

(1) for having violated 50-30-301(3) if the receipt, delivery, or proffered delivery of the hazardous substance was made in good faith unless the person refuses to furnish on request of an officer or employee duly designated by the department the name and address of the person from whom the person purchased or received the hazardous substance and copies of all documents pertaining to the delivery of the hazardous substance to the person; or

(2) for having violated 50-30-301(1) if the person establishes a guarantee or undertaking signed by and containing the name and address of the person residing in the United States from whom the person received in good faith the hazardous substance to the effect that the hazardous substance is not a misbranded or banned hazardous substance within the meaning of those terms in this chapter.