SCHEDULE B."

Aconite, belladonna, cantharides, colchicum, conium, cotton root, digitalis, ergot, hellebore, henbane, phytolacca, strophanthus, oil of tansy, veratrum veride, and other pharmaceutical preparations, arsenical solutions, carbolic acid, chloral hydrate, chloroform, corrosive sublimate, creosote, croton oil, mineral acids, oxalic acid, Paris green, salts of lead, salts of zine, white hellebore, or any drug, chemical or preparation which, according to standard works on medicine or materia medica, is liable to be destructive to adult human life in quantities of sixty grains or less.

24. Records. Every person licensed under the provisions of this act who shall give, sell or dispose of at retail any poisons included under schedule “A” shall before delivering the same, make or cause to be made, an entry in a book to be kept for that purpose, stating the date of sale, the name and address of the purchaser, the name and quantity of the poison, the purpose for which it is represented by the purchaser to be required, and the name of the dispenser, such book to be always open for inspection by the proper authorities, and to be preserved for at least five years after the last entry. Nor shall any such person deliver any such poison without satisfying himself that the purchaser is a ware of its poisonous character and that the said poison is to be used for a legitimate purpose: Provided, however, That the foregoing portions of this section shall not apply to the dispensing of medicines or poisons on the physician's prescriptions.

25. Labeling by wholesale dealers. Wholesale dealers in drugs, medicines, pharmaceutical preparations, or chemicals shall aflix or cause to be affixed to every bottle, box, parcel or outer enclosure of an original package containing any of the articles enumerated in Schedules "A" and "B" of this act, a suitable label or brand in red ink with the word poison" upon it.

26. Giving of false name by purchaser; penalty. The giving a false or fictitious name to the apothecary, druggist or other person from whom such poison was purchased, shall be deemed a misdemeanor, and the person or persons guilty thereof shall, upon conviction thereof, be liable to a fine not exceeding fifty dollars.

30. Physicians exempt. Nothing in this act shall be construed to interfere with or preclude any legally practicing physician from prescribing, dispensing, compounding or giving any medicines or poisons to his patients in the regular course of his practice as such physician.

Public Acts, 1905, p. 525–527.

9. Sale of certain narcotic drugs restricted; penalty; eremptions. Any person registered under the provisions of this act who shall give, sell, furnish or offer for sale, directly or indirectly any morphine, its salts and its derivatives, cocaine, eucaine or any of their respective salts except to or upon the order of legally practicing physicians, dentists or veterinary surgeons, original prescriptions which shall not be refilled or a copy thereof given to any person, shall be guilty of a misdemeanor, and upon conviction of same shall be punished by a fine or imprisonment, or both as hereinafter provided: Provided, That the above provisions shall not apply to sales at wholesale by jobbers, wholesalers and manufacturers, to retail druggists or legally practicing physicians, or to each other or to druggists and pharmacists, if sold in original packages only, nor to sales at retail by retail druggists to regular practitioners of medicine, dentistry or veterinary medicine, nor to sales made to manufacturers of proprie

tary or pharmaceutical preparations for use in the manufacture of such preparations nor to sales to hospitals, colleges, scientific or public institutions, nor to morphine when sold in the pill or tablet form.

Public Acts, 1905, p. 521.

ADULTERATION OF DRUGS.

16. Quality prescribed. Unless otherwise prescribed for, or specified by the customer, all pharmaceutical preparations, sold or dispensed in a pharmacy, dispensary, store or place, shall be of the standard strength, quality and purity established by the latest edition of the United States Pharmacopœia.

17. Proprietor responsible for quality. Every proprietor of a wholesale or retail drug store, pharmacy, or other place where drugs, medicines, or chemicals are compounded, dispensed or sold, shall be held responsible for the quality and strength of all drugs, chemicals or medicines sold or dispensed by him, except those articles or preparations known as patent or proprietary medicines.

Public Acts, 1905, p. 523.

5313. Adulteration prohibited; penalty. No person shall add to or remove from any drug, medicine, chemical, pharmaceutical preparation, any ingredient or material for the purpose of adulteration or substitution, which shall deteriorate the quality, commercial value or medicinal effect, or which shall alter the nature or composition of such drug, medicine, chemical, or pharmaceutical preparation, so that it will not correspond to the recognized tests of identity or purity. Any person who shall thus willfully adulterate or alter, or cause to be adulterated or altered, or shall sell or offer for sale, any such drug, medicine, chemical, or pharmaceutical preparation, or any person who shall substitute, or cause to be substituted, one material for another, with the intention to defraud or deceive the purchaser, shall be guilty of a misdemeanor, and be liable to prosecution under this act. If convicted he shall be liable to all the costs of the action, and for the first offense be liable to a fine of not less than ten dollars nor more than one hundred dollars, and for each subsequent offense, a fine of not less than twenty-five dollars nor more than one hundred and fifty dollars. On complaint being entered the board of pharmacy is hereby empowered to employ an analyst or chemist, whose duty it shall be to examine into the socalled adulteration, substitution, or alteration and report upon the result of his investigation; and if said report shall be deemed to justify such action the board shall duly cause the prosecution of the offender, as provided in this act. (Laws 1885, p. 137.)

Compiled Laws, 1897, vol. 2, p. 1670.

11427. Mixing or coloring drugs so as to affect quality. No person shall, except for the purpose of compounding in the necessary preparation of medicine, mix, color, stain or powder, or order or permit any other person to mix, color, stain or powder any drug or medicine with any ingredient or ingredients or materials so as to affect injuriously the quality or potency of such drug or medicine, with intent to sell the same, or shall sell or offer for sale any such drug or medicine so mixed, colored, stained or powdered.

11428. Adulterated articles labeled to show true character. No person shall mix, color, stain or powder any article of food, drink, or medicine, or any article which enters into the composition of food, drink, or medicine, with any

other ingredient or material, whether injurious to health or not, for the purpose of gain or profit, or sell or offer the same for sale, or order or permit any other person to sell or offer for sale any articles so mixed, colored, stained and powdered, unless the same be so manufactured, used or sold, or offered for sale under its true and appropriate name, and notice that the same is mixed or impure is marked, printed or stamped upon each package, roll, parcel or vessel containing the same, so as to be and remain at all times readily visible, or unless the person purchasing the same is fully informed by the seller of the true name and ingredients (if other than such as are known by the common name thereof), of such article of food, drink or medicine at the time of making sale thereof or offering to sell the same.

11430. Penalty. Any person convicted of violating any provision of any of the foregoing sections of this act shall be fined not more than fifty dollars or imprisoned in the county jail not exceeding three months.

Compiled Laws, 1897, vol. 3, p. 3409-3410.

11406. Penalty for fraudulent adulteration. If any person shall fraudulently adulterate, for the purpose of sale, any drug or medicine, in such manner as to render the same injurious to health, he shall be punished by imprisonment in the county jail not more than one year, or by fine not exceding four hundred dollars, and such adulterated drugs and medicines shall be forfeited and destroyed.

Compiled Laws, 1897, vol. 3, p. 3404.

22. Adulteration a misdemeanor; forfeiture of goods. Any person licensed under the provisions of this act who shall knowingly, wilfully or fraudulently falsify or adulterate any drug, medical substance or preparation, authorized or recognized in the United States Pharmacopoeia, or used or intended to be used in medical practice, or shall knowingly or wilfully or fraudulently offer for sale, sell or give away or cause the same to be sold or given away, shall be guilty of a misdemeanor, and on conviction thereof shall be punished as hereinafter prescribed; and all drugs, medical substance, or preparations so falsified or adulterated shall be forfeited to and be destroyed by the Michigan Board of Pharmacy or its duly authorized representative.

Public Acts, 1905, p. 525.

21. Violations of act defined; penalty. Any person who shall attempt to procure, or who shall procure a certificate or registration for himself, or for any other person, under this act by making or causing to be made any false representations; any licensed pharmacist who shall permit the compounding and dispensing of prescriptions of medical practitioners in his store or place of business by any person or persons not licensed or registered under the provisions of this act; any person not licensed by said board who shall prepare or dispense a medical prescription or physician's prescription or dispense, give or sell at retail poisons or medicines, except under the immediate supervision of a duly licensed pharmacist whose certificate, license or registration is displayed in the place where the same is furnished, prepared, dispensed or sold; any person not licensed by said board, who shall open, conduct or have charge of any pharmacy or drug store which is not under the direct supervision of a registered pharmacist for retailing, dispensing or compounding medicines or poisons; any person who shall fraudulently represent himself to be licensed; any person who knowingly refuses to permit any member of said board of inspectors of pharmacy employed by said board to enter a pharmacy or drug store for the purpose of

lawfully inspecting the same; any person who directly or indirectly prevents or attempts to prevent the lawful inspection of any place in which drugs, medicines or poisons are retailed, or dispensed or physicians' prescriptions compounded; any person whose license or certificate of registration has expired or has been duly revoked or suspended by said board, and who refuses to surrender his certificate or license to said board; any person who holds a license or certificate or registration and who fails to display the same as hereinabove provided; or any person who shall violate any of the provisions of this act, in relation to retailing, compounding and dispensing of drugs, medicines and poisons, for which violation no other penalty is hereinbefore imposed, shall, for such offense, be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished in accordance with the terms of the general penal clause of this act as hereinafter set forth.

Public Acts, 1905, p. 524.

18. Exceptions to foregoing provisions. Nothing in this act shall apply to the practice of a practitioner of medicine, who is not the proprietor of a store for the dispensing or retailing of drugs, medicines and poisons, or who is not in the employ of such proprietor, and shall not prevent practitioners of medicine from supplying their patients with such articles as they may deem proper, or to the sale of Paris green, white hellebore and other poisons for destroying insects, or any substance for use in the arts, or the manufacture and sale of proprietary medicines, or to the sale by merchants of ammonia, bicarbonate of soda, borax, camphor, castor oil, cream of tartar, dye stuffs, essence of ginger, essence of peppermint, essence of wintergreen, non-poisonous flavoring essence or extracts, glycerine, licorice, olive oil, sal ammoniac, saltpetre, sal soda, and sulphur, except as herein provided: Provided, however, That in the several towns of this State, where there is no registered pharmacist within five miles, physicians may compound medicines, fill prescriptions, and sell poisons, duly labeling the same as required by this act, and merchants and drug dealers may sell any drugs, medicines, chemicals, essential oils, and tinctures which are put up in bottles, boxes, packages, bearing labels securely affixed, which labels shall bear the name of the pharmacist putting up the same, the dose that may be administered to persons three months, six months, one year, three years, five years, ten years, fifteen and twenty-one years of age, and if a poison, the name or names of the most prominent antidotes; and to the sale by such merchant of copperas, borax, blue vitriol, saltpetre, pepper, sulphur, brimstone, Paris green, liquorice, sage, senna leaves, castor oil, sweet oil, spirits of turpentine, glycerine, glauber salts, epsom salts, cream of tartar, bi-carbonate of soda, sugar of lead and such acids as are used in coloring and tanning, paregoric, essence of peppermint, essence of ginger, essence of cinnamon, hive syrup, syrup of ipecac, tincture of arnica, syrup of tolu, syrup of squills, spirits of camphor, sweet spirits of nitre, quinine, and all other preparations of cinchona bark, tincture of aconite, and tincture of iron, or quinine pills, and to the sale of carbolic acid, laudanum, sugar of lead, oxalic acid, duly labeling and registering the same as required by this act; and to the sale of any patent or proprietary medicines. Public Acts, 1905, p. 523.

32. Penalty. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not more than one hundred dollars and costs of prosecution, or imprisonment in the county jail for not less than ten days, nor more than ninety days, or both such fine and imprisonment in the discretion of the court.

Public Acts, 1905, p. 527.

4. Powers of State board of pharmacy. The State Board of Pharmacy shall have the power:

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;

To investigate all complaints as to quality and strength of all drugs and medicines, and to take such action as said board may deem necessary to prevent the sale of such as do not conform to the standard and tests prescribed in the latest edition of the United States Pharmacopœia;

To employ an attorney to assist in the enforcement of the provisions of this act and assist in the prosecution of any one charged with violating any of its provisions;

To employ an inspector of pharmacies and one other person as the said board may deem necessary and shall authorize at a salary not to exceed one thousand two hundred dollars per annum, who, besides the members of the board, may inspect during business hours all pharmacies, dispensaries, stores or places in which drugs, medicines, and poisons are compounded, dispensed or retailed;

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 attention and whenever there appears reasonable cause therefor to bring the same to the attention of the proper prosecuting authorities.