I. Any person who violates this subdivision shall be guilty of a misdemeanor for each offense and each day in violation constitutes a separate offense.
II. If a merchant or vendor can establish on sufficient proof that he received the merchandise or fabric material under manufacturers written or labeled guarantee that reasonable and representative tests were made establishing a low rate of flammability and further processing has not affected the flammability of the fabric material or wearing apparel, and this fabric material or wearing apparel is deemed by the fire marshal to have in fact a high rate of flammability, the manufacturer and not the merchant or vendor, shall be subject to the provisions of this section.