generally, such items are not allowed -- so there may not be
a penalty period as much as the items may not be indexed.

but google is the final arbiter of all such issues.

google may be contacted directly to ask about any potential penalties here:
http://support.google.com/merchants/bin/request.py?contact_type=item_error

google may be contacted to clarify new rules and policies here:
http://support.google.com/merchants/bin/request.py?contact_type=feed_spec
for availability issues, select
I am unsure about required and recommended attributes after the new changes