MINNESOTA.

The board of pharmacy may institute civil or criminal proceedings to recover the penalties prescribed for the sale of adulterated drugs.

66

REGISTERED PHARMACISTS.

7933. Penalties; drugs, medicines, and poisons" defined; exemptions. Any person not being or not having in his employ a registered pharmacist within the full meaning of this act, who shall, after this act shall take effect, retail, compound or dispense drugs, medicines or poisons, or who shall take, use or exhibit the title of a registered pharmacist, shall for each and every such offense be liable to a penalty of fifty dollars. Any registered pharmacist or other person who shall permit the compounding or dispensing of prescriptions or the vending of drugs, medicines or poisons in his store or place of business, except under the supervision of a registered pharmacist or by a registered assistant, and any pharmacist or registered assistant, who, while continuing in business, shall fail or neglect to procure annual registration, and any person who shall willfully make any false representation to procure registration for himself or any other person, or who shall violate any other provision of this act, shall, except as otherwise provided, for each and every such offense be liable to a penalty of fifty dollars. Except as in this section hereafter provided, drugs, medicines and poisons shall, for all purposes of this act, be construed to include all substances, animal, vegetable or mineral, commonly kept in stock in drug stores or apothecary shops and used in compounding medicines or sold for medical purposes.

It is provided, however, That nothing in this act shall in any manner interfere with the regular practice of any physician as such, or prevent him as a physician from supplying to his patients such articles as may seem to him proper, or shal! interfere with the making or vending of proprietary medicines, or with the sale by general retail dealers of any of the following articles, that is to say:

or with the sale by such retail dealers of Paris green kept in stock in sealed packages and so sold, distinctly labeled." Paris Green, Poison ", or shall prevent a shopkeeper whose place of business is more than one mile from a drug store or apothecary shop, from dealing in and selling the commonly used medicines and poisons, if put up for such sale by a registered pharmacist; or interfere with the exclusively wholesale business of any dealers, except as hereinbefore provided. (Laws 1885, p. 182, as amended 1891, p. 172–177.) Statutes, 1894, vol. 2, p. 2087.

a So in Statutes.

SALE OF POISONS.

7935. Labeling; penalty. No person shall sell, at retail, any poisons commonly recognized as such, and especially aconite, arsenic, belladonna, biniodide of mercury, carbolic acid, chloral hydrate, chloroform, conium, corrosive sublimate, creosote, croton oil, cyanide of potassium, digitalis, hydrocyanic acid, laudanum, morphine, nux vomica, oil of bitter almonds, oil tansy, opium, oxalic acid, strychnine, sugar of lead, sulphate of zinc, white precipitate, red precipitate, without affixing to the box, vessel or package containing the same, a label bearing the name 'Poison', distinctly shown, together with the name and place of business of the seller. Nor shall he deliver any of the said poisons to any person without satisfying himself that such poisons are to be used for legitimate purposes. Provided, that nothing herein contained shall apply to the dispensing of physicians' prescriptions specifying any of the poisons aforesaid.

Every person omitting to comply with any requirements of this section shall be liable to a penalty of ten (10) dollars for each and every such offense. (Laws 1885, p. 183, as amended 1891 and 1899.)

Statutes, 1894, vol. 2, p. 2088 (as amended, Laws 1899, p. 30.)

6621. Records; exception. An apothecary or druggist, or a person employed as clerk or salesman by an apothecary or druggist, or any person otherwise carrying on business, who shall sell or give away arsenic, or its preparations, aconite, belladonna, lead or its preparations, mercury or its preparations, hydrocyanic acid, oxalic acid, copper or its preparations, phosporus, oil of savin, oil of tansy, morphine, strychnine, laudanum, rough on rats, or cyanide of potassium, without first recording in a book to be kept for that purpose the name and residence of the person receiving such poison, together with the kind and quantity of such poison received, except upon the written order of prescription of some practicing physician, is guilty of a misdemeanor. Any person purchasing any of the above named drugs, who shall give the person selling the same a false name for registration, shall, upon conviction thereof, be deemed guilty of a misdemeanor. Provided that this section shall not apply to the sale of paris green.

6623. Substances to be labeled poison. An apothecary or druggist, or a person employed as clerk or salesman by an apothecary or druggist, or any person otherwise carrying on business, who shall sell or give away arsenic or its preparations, aconite, belladonna, lead or its preparations, mercury or its preparations, hydrocyanic acid, oxalic acid, copper or its preparations, morphine, phosphorus, oil of savin, oil of tansy, oil of cedar, strychnine, rough on rats, cyanide of potassium, carbolic acid, tincture nux vomica, fluid extract ergot, fluid extract cotton root, chloroform, chloral hydrate, croton oil, sulphate of zinc, mineral acids, stramonium, conium, opium or its preparations, except paregoric and Dewees' carminative, without attaching to the vial, box or parcel containing such substance, a label with the name and residence of such person, the word "poison," and the name of such article written or printed, or partly written and partly printed thereon in plain and legible characters, is guilty of a misdemeanor. Provided that the provisions of this section shall not apply when the sale is made upon the written prescription or order of some practicing physician.

Statutes, 1894, vol. 2, p. 1766.

1. Labeling of wood alcohol. No person, by himself, his servant or agent, or as the servant or agent of another person or persons, shall sell, exchange, deliver or have in his custody or possession with intent to sell, exchange or

deliver, or expose or offer for sale, exchange or delivery, any wood alcohol, or substance commonly known as wood alcohol, unless each package, bottle, cask, can or receptacle containing the said wood alcohol shall be plainly marked, stamped, branded or labeled on the outside and face of each package, bottle, cask, can or receptacle of the capacity of less than one gallon, in legible type not smaller than large primer, and on the outside and face of each package, bottle, cask, can or receptacle of the capacity of one gallon or more, in legible letters of not less than one inch in length, the letters and words "wood naphtha", " poison ".

2. Penalty. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor and be punished by a fine of not less than fifty dollars and not more than one hundred dollars, for each and every offense, or by imprisonment in the county jail for not less than thirty days, or more than ninety (90) days.

Laws, 1905, p. 56.

1. Regulation of sale of cocaine. No person shall sell or give away any cocaine, hydro chlorate or any salts or compound of cocaine, or preparation containing cocaine except upon the written prescription of a physician or deatist licensed under the laws of the state. No prescription containing cocaine shall be filled more than once and each shall have written plainly upon it the name and address of the patient and be filed and preserved by the pharmacist who shall not give a copy thereof to the patient. This section shall not be so construed as to apply to sales at wholesale, in original packages, by any manu- . facturer or wholesale dealer, to a retail druggist, licensed physician or dentist when such vendor shall have affixed to each receptacle containing any such drug a label in the English language specifically setting forth the proportion of cocaine contained therein.

2. Penalty. Any person who shall sell or give away any of the articles mentioned in the preceding section, in violation of this act, and any person who shall prescribe any of such articles to any one addicted to the habitual use of cocaine or any preparation or compound thereof in any form, shall be punished by a fine of not less than $50 nor more than $100 or by imprisonment in the county jail for not less than (30) days nor more than (90) days, and if the person so offending shall be a licensed physician, dentist, pharmacist or assistant pharmacist, in addition to the penalty above described, such offender's license shall be revoked.

3. Records may be examined. Upon complaint being made of a violation of the provisions of this act, the county attorney of the county where the offense is alleged to have been committed shall prosecute such complaint and to that end is hereby authorized to examine the books of any manufacturer or wholesale dealer within the state for the purpose of tracing the sales of any of the articles herein mentioned.

Laws, 1905, p. 62.

ADULTERATION OF DRUGS.

7934. Druggist responsible for quality of drugs sold; penalty. Every proprietor or conductor of a drug store shall be held responsible for the quality of all drugs, chemicals and medicines sold or dispensed by him, except those sold in the original package of the manufacturer, and except those articles or prepara

a So in Statutes.

tions known as patent or proprietary medicines. Any person who shall knowingly, willfully or fraudulently falsify or adulterate, or cause to be falsified or adulterated, any drug or medicinal substance, or any preparation authorized or recognized by the pharmacopoeia of the United States, or used or intended to be used in medical practice; or shall mix or caused to be mixed with any such drug or medicinal substance, any foreign or inert substance whatsoever, for the purpose of destroying or weakening its medicinal power and effect, or of lessening its cost, and shall willfully, knowingly or fraudulently sell, or cause the same to be sold, for medicinal purposes, shall be liable to a penalty of not less than fifty (50) dollars, nor more than one hundred and fifty (150) dollars for each and every such offense. (Laws 1885, p. 183, as amended 1891 and 1899.)

Statutes, 1894, vol. 2, p. 2087 (as amended).

6620. Omitting to label drugs, or labeling them wrongly is a misdemeanor. An apothecary or druggist, or a person employed as clerk, or salesman, by an apothecary or druggist, or otherwise carrying on business as a dealer in drugs or medicines, who, in putting up any drugs or medicines, or making up any prescription, or filling any order for drugs or medicines, willfully, negligently, or ignorantly omits to label the same, or puts any untrue label, stamp, or other designation of contents upon any box, bottle, or other package containing a drug or medicine, or substitutes a different article for any article prescribed or ordered, or puts up a greater or less quantity of any article than that prescribed or ordered, or otherwise deviates from the terms of the prescription or order which he undertakes to follow, in consequence of which human life or health is endangered, is guilty of a misdemeanor.

Statutes, 1894, vol. 2, p. 1765.

6625. Adulteration a misdemeanor. A person who either with intent that the same may be sold as unadulterated or undiluted, adulterates or dilutes wine, milk, distilled spirits or malt liquor, or any drug, medicine, food or drink, for man or beast; or knowing that the same has been adulterated or diluted, offers for sale or sells the same as unadulterated or undiluted, or without disclosing or informing the purchaser that the same has been adulterated or diluted, in a case where special provision has not been otherwise made by statute for the punishment of the offense, is guilty of a misdemeanor.

6626. Sale of unwholesome medicine a misdemeanor. A person who, with intent that the same may be used as food, drink, or medicine, sells, or offers, or exposes for sale, any article whatever which to his knowledge is tainted or spoiled, or for any cause unfit to be used as such food, drink, or medicine, is guilty of a misdemeanor.

Statutes, 1894, vol. 2, p. 1767.

6297. Penalty. The person convicted of a crime declared to be a misdemeanor, for which no other punishment is prescribed by this or by any statutory provision in force at the time of the conviction and sentence, is punishable by imprisonment in the county jail for not more than three months, or by a fine of not more than one hundred dollars.

Statutes, 1894, vol. 2, p. 1704.

DISTRIBUTION OF SAMPLES.

1. Indiscriminate distribution· prohibited. No person, or persons, either directly or indirectly, by agent or otherwise, shall scatter, distribute or give away any samples of any medicine, drugs or medical compounds, salve or liniment of any kind unless the same is delivered into the hands of an adult person, or mailed to such persons through the regular mail service.

2. Penalty. Any person violating any provision of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one hundred ($100) dollars, or by imprisonment in the county jail for a term not to exceed ninety days.

Laws, 1905, p. 52.