ΜΟΝΤΑΝΑ.

There is no officer specifically charged with the administration of the law regulating the adulteration of drugs.

REGISTERED PHARMACISTS.

640. Compounding or vending drugs; in charge of pharmacy. It shall hereafter be unlawful for any person other than a registered pharmacist, as hereinafter defined, to retail, compound or dispense drugs, medicines or pharmacal preparations, in the state of Montana, or to institute, conduct or manage a pharmacy, store or shop for the retailing, compounding or dispensing drugs, medicines or pharmacal preparations, in the state of Montana, unless such person shall be a registered pharmacist, as this act provides, or shall place in charge of said pharmacy, store or shop, a registered pharmacist, except as hereinafter provided.

649. Penalty. Any person who is not a registered pharmicist in the meaning of this act, who shall keep a pharmacy, store or shop for the compounding and dispensing of physicians' prescriptions, or for the sale of drugs, medicines, or chemicals, and who shall not have in his employ in said pharmacy, store or shop, a registered pharmacist, in the meaning of this act, shall for each and every such offense, be liable to a fine of two hundred and fifty dollars.

Codes, 1895, vol. 1, p. 88 and 91.

651. Conditions of sale by others than registered pharmacists; provisos. Any proprietor of a pharmacy, or other person, who shall permit the compounding and dispensing of physicians' prescriptions, or the vending of drugs, medicines or pharmacal preparations, in his store or place of business, except by a registered pharmacist, in the meaning of this act, or under the immediate supervision of a registered pharmacist, or who, while continuing in the pursuit of pharmacy in the state of Montana, shall fail or neglect to procure his annual registration, or any person who shall willfully make any false representations to procure for himself, or for another, registration under this act, or who shall violate any other provision of this act, shall, for each and every offense, be liable to a fine of one hundred dollars; Provided, That nothing in this act shall interfere with the business of those merchants who keep on sale such poisons, acids and chemicals as are regularly used in agriculture, mining and the arts, when kept and sold for such purposes only, in sealed and plainly labeled packages; Provided, also, that nothing in this act shall in any manner interfere with the business of any physician in regular practice, nor prevent him from supplying to his patients such articles as may seem proper, nor with exclusive wholesale business of any dealers, except as hereinafter provided; Provided, also, that nothing in this act shall in any manner interfere with the business of merchants in towns having less than five hundred inhabitants, in which there is no licensed pharmacy, to sell or vend such medicines, compounds and chemicals as are required by the general public.

Codes, 1895, vol. 1, p. 91.

SALE OF POISONS.

654. Substances which must be labeled " poison" when retailed; exemptions. It shall be unlawful for any person from and after the passage of this act to retail any of the following named poisons, to-wit: Arsenic, and its preparations, corrosive sublimate, white and red precipitate, biniodide of mercury, cyanide of potassium, hydro-cyanic acid, strychnine, and all poisonous vegetable alkaloids and their salts, the essential oil of almonds; opium, and its preparations, except paregoric and other preparations of opium containing less than two grains to the ounce; aconite, belladona,a colchicum, conium, nux vomica, digitalis, and their pharmaceutical preparations; croton oil, chloroform, chloral hydrate, sulphate of zinc, mineral acids, carbolic acid, oxalic acid, without labeling the box, bottle, vessel, paper or package in which said poison is contained, with the name of the article, the word "poison," and the name and place of business of the seller. Nor shall it be lawful for any person to deliver or sell any poisons enumerated above, unless upon due inquiry it be found that the purchaser is aware of its poisonous character, and represents that it is to be used for a legitimate purpose. The provisions of this section shall not apply to the dispensing of poisons in not unusual quantities or dose upon the prescription of practitioners of medicine. Any person or persons violating the provisions of this section shall be deemed guilty of a misdemeanor; Provided, however, That this section shall not apply to manufacturers, making and selling at wholesale any of the above poisons, and provided that each bottle, box, vessel, paper or package in which said poison is contained shall be labeled with the name of the article, the word "poison," and the name and place of business of the seller.

Codes, 1895, vol. 1, p. 92.

19. Penalty. Except in cases where a different punishment is prescribed by this Code, every offense declared to be a misdemeanor is punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding five hundred dollars, or both.

Codes, 1895, vol. 2, p. 755.

ADULTERATION OF DRUGS.

652. Druggist responsible for quality of drugs. The proprietors of all pharmacies shall be held responsible for the quality of all drugs and medicines and chemicals sold or dispensed at their respective places of business except patent and proprietary preparations and articles sold in the original packages of the manufacturer. Any person who shall willfully adulterate or alter, or cause or permit to be adulterated or altered, any drug, medicine, or pharmaceutical preparation, or shall sell or offer for sale any such adulterated or altered article, and 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 liable to a prosecution therefor. All penalties collected for such violations shall be paid into a the county treasurer of the county wherein such conviction may be had, for the benefit of the school fund of such county. Codes, 1895, vol. 1, p. 92.

79. False labeling. Every apothecary, druggist or person carrying on business as a dealer in drugs or medicines, or person employed as clerk or salesman by such person, who, in putting up any drugs or medicines, wilfully, negligently,

a So in Statutes.

or ignorantly, omits to label the same, or puts an untrue label, stamp or other designation of contents, upon any box, bottle or other package, containing any drugs or medicines, 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, or if death ensues, is guilty of a felony.

Codes, 1895, vol. 2, p. 862.

Every

682. Manufacture and sale of adulterated products a misdemeanor. person who adulterates, or dilutes any article of food, drink, drug, medicine, spirituous or malt liquor or wine, or any article used in compounding them, with a fraudulent intent, to offer the same or cause or permit it to be offered for sale as unadulterated or undiluted, and every person who fraudulently sells, or keeps or offers for sale the same, as unadulterated or undiluted, is guilty of a misdemeanor.

683. Sale of decayed or unwholesome products a misdemeanor. Every person who sells, or keeps for sale, or otherwise disposes of any article of food, drink, drug or medicine, knowing that the same has become tainted, decayed, spoiled, or otherwise unwholesome, or unfit to be eaten or drank, with intent to permit the same to be eaten or drank, is guilty of a misdemeanor.

Codes, 1895, vol. 2, p. 863.

NEBRASKA.

The law specifically charges the State board of pharmacy with the enforcement of the pure drug law, but it can act only on complaint. being entered. No means are provided, however, for its execution, and the board finds it very difficult to make much progress.

REGISTERED PHARMACISTS.

4370. Compounding and vending drugs; penalty; proviso. Any proprietor of a pharmacy, who not being a registered pharmacist, shall fail or neglect to place in charge of such pharmacy a registered pharmacist, or any such proprietor who shall by himself or any person, permit the compounding or dispensing of prescriptions or the vending of drugs, medicines, or poisons in his store or place of business, except by or in the presence of, or in and under the supervision of a registered pharmacist; or any person not being a registered pharmacist who shall take charge of or act as manager of such pharmacy or store, or who not being a registered pharmacist shall retail, compound or dispense drugs, poisons or medicines of any kind, or any person violating any provisions of this act to which no other penalty is herein attached shall be deemed guilty of a misdemeanor and for every such offense, and upon conviction thereof, shall be punished by a fine of not less than ten dollars nor more than one hundred dollars, or shall be imprisoned not less than ten days nor more than ninety days; Provided, That nothing in this act shall be construed so as to prohibit a registered pharmacist from taking an apprentice to learn the business of pharmacy. (Laws 1889, p. 564.)

4371. Exceptions. Nothing in this act shall prevent any wholesale or retail dealers in any business from selling any patent or proprietary medicines, nor any resident registered physician from dispensing his own medicines on his own prescriptions.

Compiled Statutes, 1905, p. 1085–1086.

SALE OF POISONS.

7677. Record; label; not sold to minors. Every apothecary, druggist, or other person who shall sell or give away, except upon the prescription of a physician, any article or articles of medicine belonging to the class usually known as poisons, shall be required: First, To register, in a book kept for that purpose, the name, age, sex, and color of the person obtaining such poison. Second, The quantity sold. Third, The purpose for which it is required. Fourth, The day and date on which it was obtained. Fifth, The name and place of abode of the the person for whom the article is intended. Sirth, To carefully mark the word “poison” upon the label or wrapper of each package. Screnth, To neither sell or give away any article of poison to minors of either sex.

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7678. Small quantities of arsenic" to be mixed with soot or indigo before delivering to purchaser. No apothecary, druggist, or other person shall be permitted to sell, or give away, any quantity of arsenic less than one pound. without first mixing either soot or indigo therewith, in the proportion of one ounce of soot or half an ounce of indigo to the pound of arsenic,

7679. Penalty. Any person offending against the provisions of either of the last two preceding sections shall be fined in any sum not less than twenty nor more than one hundred dollars.

Compiled Statutes, 1905, p. 1918-1919.

1. Cocaine to be sold only on original prescription of physician. No apothecary, druggist or other person shall be permitted to sell or give away any quantity of cocaine, except upon the prescription of a physician, said prescription not to be re-filled, provided that nothing in this act shall prohibit sale from manufacturers or wholesale dealers to retail druggists, physicians or dentists nor the use and prescription of these drugs by dentists in the practice of their profession.

2. Penalty. Every person offending against the provisions of this act, shall be fined in any sum not less than Twenty Dollars nor more than One Hundred Dollars. Laws 1905, p. 696.

Compiled Statutes, 1905, p. 1974-1975.

ADULTERATION OF DRUGS.

4372. Penalty; prosecution; board of pharmacy to employ chemist. No person shall add to or remove from any drug, medicine, chemical, or pharmaceutical preparation any ingredient or material for the purpose of adulteration or substitution, which shall deteriorate the quality, commercial value, or medical 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 ($10.00) dollars nor more than one hundred ($100.00) dollars, and for each subsequent offense a fine of not less than twenty-five ($25.00) dollars or more than one hundred ($100.00) 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 so-claimed adulteration, substitution, or alteration, and report upon the result of his investigation, and if the said report shall be deemed to justify such action, the board shall duly cause the prosecution of the offender, as proIvided in this act. (Laws 1887, p. 513.)

Compiled Statutes, 1905, p. 1086.

ADULTERATION OF LIQUORS WITH DRUGS.

4233. Penalty. Every person so licensed, or any other person, who shall intentionally or otherwise, sell or give away, or direct, or permit any person or persons in his employ to sell or give away any malt, spirituous, or vinous liquors, which shall be adulterated with strychnine, strontia, sugar of lead, or any other substance, shall forfeit and pay the sum of one hundred dollars for every such offense. An analysis made by a practical chemist shall be deemed competent testimony under the provisions of this section.

Compiled Statutes, 1905, p. 1045.