SECTION 190. Penalty on manufacturer, etc.

Whoever manufactures, delivers, or offers to deliver, any article of food or any drug, cosmetic or device which is adulterated or misbranded within the meaning of sections one hundred and eighty-six and one hundred and eighty-seven, or any article of food, or any drug or device, which does not comply with the rules, regulations or standards, or any cosmetic which does not comply with the rules and regulations provided in sections one hundred and eighty-six to one hundred and ninety-five, inclusive, shall be punished: for a first offense, by a fine of not more than two hundred dollars; for a second offense, by a fine of not less than two hundred dollars nor more than one thousand dollars; and for a third or subsequent offense, by a fine of not less than one thousand dollars or by imprisonment for not more than six months or by both such fine and imprisonment.

Notwithstanding any provision of this chapter, no person shall have in his possession in his place of business an article of food which is adulterated as set forth in section one hundred and eighty-six unless said article is contained in a receptacle which clearly labels it as inedible and such other labeling as the commissioner may require.