advertise any veterinary title in such a manner as to convey the impression that he is a lawful practitioner of veterinary medicine or any of its branches, shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than two hundred and fifty dollars or imprisonment for six months for the first offense, and on conviction of a subsequent offense by a fine of not less than five hundred dollars or imprisonment for not less than one year, or by both fine and imprisonment. (Added by chap. 860 of 1895, and amended by chap. 840 of 1896.)

ARTICLE XI.

PHARMACY.

SECTION 190. State board of pharmacy; election of members; term of office; how organized; vacancies, how filled; revenue.

191. Books; records and funds of existing boards to be delivered. 192. Powers and duties of the board.

193. Licenses of existing boards of pharmacy of this state, their rights and privileges.

194. Licenses of state board; how granted; rights under, revocation.

195. [Omitted in numbering.]

196. Registration of pharmacies and drug stores; proprietors'

names to be displayed.

197. Adulteration or substitution of drugs, chemicals and medi

cines.

198. Poison, retailing of.

199. Application of article limited.

200. Apprentices, employes, et cetera.

201. Penalties; expenses.

§ 190. State board of pharmacy; election of members; term of office; how organized; vacancies, how filled; revenue.—Subdi vision 1. For the purpose of this act, the state shall be divided into three sections, by counties, to be known respectively as the eastern, western and middle sections. (a) The eastern (New York) section shall consist of the counties of New York, Kings, Queens, Nassau, Suffolk, Richmond and Westchester; (b) The western (Erie) section shall consist of the counties of Erie, Niagara, Orleans, Genesee, Wyoming, Allegany, Cattaraugus and Chautauqua; and (c) the

middle (Albany) section shall consist of the counties of Albany and all other counties not contained in the other two sections.

Subdivision 2. The state board of pharmacy shall consist of fifteen members, five members from each of the above named sections. No person shall be eligible for election to the state board of pharmacy, unless he be a citizen of the state of New York and a resident and licensed pharmacist of that section of the state from which elected.

Subdivision 3. At the first election of the state board of pharmacy, one of the members from each section shall be elected for a term of one year, one for two years, one for three years, one for four years, and one for five years, such terms determined by lot after which members thereof shall be elected for the term of five years and shall hold office during such term, or until their successors shall have been duly elected and qualified. Each member of such board before entering upon the discharge of his duties shall take and subscribe the oath of office, which he shall file in the office of the secretary of state, to the effect that he will support the constitution of the United States, and the constitution of the state of New York, and that he will faithfully discharge the duties of the office of member of the state board of pharmacy of the state of New York, according to the best of his ability.

Subdivision 4. The election of the members of the state board of pharmacy for the eastern section shall occur in the month of June of each year, two of them shall be elected by the Manhattan Pharmaceutical Association, two by the Kings County Pharmaceutical Society, and one by the New York German Apothecaries' Society. The election of the members of the state board of pharmacy for the western section shall occur at a meeting of the licensed pharmacists and druggists residing in such section, to be held in the month of June of each year, called by the Erie County Pharmaceutical Association at the Buffalo College of Pharmacy, or at such other place as may be designated by the state board of pharmacy, and such election shall be by ballot. The election of the members. of the state board of pharmacy for the middle section shall occur at the annual meeting of the State Pharmaceutical Association, at

which meeting all licensed pharmacists and druggists, residing in such middle section are entitled to vote, and such election shall be by ballot.

Subdivision 5. The members of the state board of pharmacy who have duly qualified, shall meet annually on the first Monday in January of each year, at the College of Pharmacy building in the city of Albany, or at such other building in said city of Albany, as may be designated by the state board of pharmacy, at twelve o'clock noon and shall proceed by ballot to elect a president and a secretary, who shall also be treasurer, both of whom shall be members of such state board and shall hold office for the term of one year and until their successors are elected and have qualified. The state board shall fix the salaries of the secretary of the state board and the secretaries of the branches for the eastern, western and middle sections. Such secretaries shall each execute a bond in such sum and with such conditions for the faithful performance of their duties, as the state board of pharmacy may prescribe. The secretaries shall perform all the duties devolving upon them under this act and such further duties as may be imposed by the state board of pharmacy, or by the several branches thereof.

Subdivision 6. Immediately after the organization of the state board of pharmacy as hereinbefore provided, the members of the state board from the respective sections shall organize branches, to be known as the eastern, western and middle branches respectively. The officers of each of such branches shall be a chairman and a secretary, who shall also be treasurer and such officers shall be elected by the members of the state board comprising such branches respectively. The secretary of the state board of pharmacy shall also perform the duties of the secretary and treasurer of the branch of the section, wherein he resides and no local secretary shall be elected for such branch. Vacancies occuring in the state board of pharmacy for any cause, other than expiration of term of office, may be filled by appointment by the president of the state board until the next annual election in the section wherein the member whose office has become vacant resided, of an eligible pharmacist, residing in such section.

Subdivision 7. Each branch of the state board is hereby authorized and empowered to receive and collect for its section the revenue, authorized by this act, for the purposes herein provided, and each branch is hereby authorized and empowered, subject to the approval of the state board of pharmacy, to enforce and carry into effect within its section the provisions of this act and to perform such other duties, as may be lawfully imposed by the state board of pharmacy. Each member of the state board of pharmacy shall be entitled to and receive five dollars for each day actually engaged in the performance of services as a member of such board, or any one of its branches, provided that no member shall receive more than one hundred and fifty dollars in any one year, together with his necessary expenses and disbursements. (Added by chap. 667 of 1900.)

$191. Books; records and funds of existing boards to be delivered to the state board of pharmacy.—As soon as the state board o pharmacy has been fully organized under this act, it shall forthwith notify the custodians of all records, books, papers and vouchers of every nature and of all unexpended funds belonging to each of the several boards of pharmacy existing in this state, at the time this act shall take effect, to deliver and the same shall be delivered into the hands of the secretary of the branch of the state board of pharmacy, hereby created, for the section, wherein such existing board of pharmacy may be located and secure the receipt of such secretary therefor and thereafter the powers and duties of the board of pharmacy for Erie county, the board of pharmacy of all Greater New York and the board of pharmacy for the remainder of the state shall cease and determine. (Added by chap. 667 of 1900.) $192. Powers and duties of the board.-Subdivision 1. The state board of pharmacy shall have power:

(a) To make such by-laws, rules and regulations not inconsistent with the laws of the state, as may be necessary for the protection of the public health, and the lawful performance of its powers.

(b) To regulate the practice of pharmacy.

(c) To regulate the sale of poisons.

(d) To regulate and control the character and standard of drugs and medicines dispensed in the state.

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(e) To investigate all complaints as to quality and strength of all drugs and medicines and to take such action as may be necessary to prevent the sale cf such as do not conform to the standard and tests prescribed in the latest edition of the United States Pharmacopoeia.

(f) To regulate the number of hours, constituting a day's work of employees in a drug store, or pharmacy, in cities having at the last state or United States census a population of a million or more inhabitants, which shall not exceed one hundred and thirtysix hours in each two consecutive weeks.

(g) To employ inspectors of pharmacy and to inspect during business hours all pharmacies, dispensaries, stores, or places in which drugs, medicines and poisons are compounded, dispensed or retailed.

(h) To hold meetings as often as its business shall require and to conduct examinations of applicants for licenses monthly, when so determined by the board, except in July and August, and not less frequently than once in three months.

(i) To examine all applicants for license or registration and to issue two grades of licenses to be known respectively as that of "licensed druggist" and "licensed pharmacist," and one grade of certificates as "registered apprentice," except that in cities having at the last state or United States census a population of a million or more inhabitants a license for the grade of "licensed druggist shall not be issued.

(j) To investigate all alleged violations of the provisions of this act, or any other law of this state regulating the dispensing or sale of drugs, medicines or poisons, or the practice of pharmacy, which may come to its notice and whenever there appears reasonable cause therefor to take and hear testimony with reference to the same and in the discretion of such board to bring the same to the notice of the proper prosecuting authorities, or bring actions in the name of the state board of pharmacy, for the recovery of penalties in such cases as may be provided by law. The state board of pharmacy and each of its branches shall be deemed to be a board within the meaning of sections eight hundred and forty-three and eight hundred and fifty-four of the code of civil procedure.