NEVADA.

The board of pharmacy may investigate alleged adulterations of drugs and institute prosecutions.

REGISTERED PHARMACISTS.

15. Penalty for violation of pharmacy law. Any person practicing pharmacy or compounding drugs or medicines or filling physicians' prescriptions in this State, without first complying with the provisions of this Act, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars, or by imprisonment in the county jail for not less than fifty days, nor more than one hundred and eighty days for each and every offense, or by both such fine and imprisonment. Any person may institute proceedings at law provided for in this Act, and it shall be the duty of the Board of Pharmacy, or any member thereof, whenever satisfied that any of the provisions of this Act have been violated, to institute, or cause to be instituted, the proper proceedings for punishment thereof.

Statutes, 1901, p. 127.

9. Negligence in dispensing drugs a misdemeanor; penalty.a Any person who shall, after the passage of this Act, fail to use due care and reasonable caution, or who shall be grossly negligent in compounding drugs or in the filling of prescriptions, to the jeopardy of the health or life of the public, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred or more than five hundred dollars, or by imprisonment in the county jail for not less than fifty days nor more than one hundred (and) eighty days for each and every offense, or by both such fine and imprisonment.

10. Certificate may be refused or revoked. The Board may refuse a certificate to any individual guilty of unprofessional or dishonorable conduct, or when said Board shall be advised by satisfactory and competent proof that the applicant for such certificate is unduly careless, grossly negligent, or fails to use reasonable precaution in the compounding of drugs or the filling of prescriptions, to the jeopardy of the health or life of the public; and it is hereby further provided that, upon conviction of the offense set forth in section nine of this Act, the certificate to practice pharmacy granted to the person so convicted shall be in writing by the Board of Pharmacy forever revoked, and a copy of such revocation shall be furnished the respective County Clerks and County Recorders of the several counties within this State, and it shall be the duty of the respective County Clerks to keep and file said revocation and also to keep a list of the persons whom said revocations name; and it shall be the duty of the respective

a See also Sale of Poisons, p. 120.

County Recorders to record in their offices in the proper book of record said revocations. In all cases of refusal or revocation, except in cases of conviction of the offense provided for in section nine of this Act, the party aggrieved may appeal to the Courts for adjudication of the controversy.

Statutes, 1901, p. 126–7.

SALE OF POISONS.

18. Labels; record; penalty. It shall be unlawful for any person or persons to retail any poisons enumerated in Schedules "A" and "B," appended to this Act, without labeling the box, bottle or paper 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 to sell or deliver any poison mentioned in Schedules "A" and "B," unless on inquiry it is found that the buyer is aware of its poisonous character, and that it is to be used for a legitimate purpose, nor shall it be lawful to sell or deliver any poison included in Schedule "A" without making, or causing to be made, an entry, in a book kept for that purpose only, stating the date of sale, the name and address of purchaser, the name and quantity of the poison sold, the purpose for which it is stated by the purchaser to be required and the name of the dispenser; said book to be always open for inspection by the proper authorities, and to be preserved for at least five years. The provisions of this section shall not apply to the dispensing of poisons when prescribed by practitioners of medicine, nor to the sale of poisons if in a single bottle, box or package does not contain more than one ordinary dose. Dealers shall affix to every bottle, box, parcel or other enclosure of any original package containing any of the articles mentioned in Schedules “A” and "B" of this Act, a suitable label or brand with the word POISON," but they are hereby exempted from the registration of the sale of such articles when sold at wholesale or to a registered pharmacist or physician. Any person failing to comply with the requirements of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by fine not exceeding fifty dollars.

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19. Filling of prescriptions; penalties; exceptions; poison schedules. Any registered or licensed pharmacist who shall in his place of business permit the compounding or dispensing of drugs or the filling of prescriptions of medical practitioners of this State by persons not licensed by the Board of Pharmacy, and any person not duly licensed by said Board, who shall compound or dispense drugs or fill the prescriptions of medical practitioners within this State, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars for the first offense, and not less than one hundred dollars nor more than five hundred dollars for every subsequent offense. Nothing in this Act shall apply to or interfere with the business of any practitioner of medicine who does not keep a pharmacy or open shop for the retailing of medicine or poison, nor with the exclusive wholesaling business of any dealer, except that portion of section eighteen which relates to marking or labeling certain poisons mentioned in this Act; nor shall general dealers come under the provisions of this Act in so far as it relates to the keeping for sale of proprietary medicines in original packages of drugs and medicines, but in no case shall they compound or prepare any pharmaceutical preparations or prescriptions.

a So in Statutes.

SCHEDULE "A."

Arsenic, corrosive sublimate, cyanide of potassium, hydrocyanic acid, strychnia, cocaine, and all other poisonous vegetable alkaloids and their salts, opium and all its preparations excepting those which contain less than two grains to the ounce.

Aconite, belladonna, cocaine, colchicum, conium, nux vomica, savin, cantharides, phosphorus, digitalis, and their pharmaceutical preparations, croton oil, chloroform, chloral, sulphate of zinc, sugar of lead, mineral acids, carbolic acid, oxalic acid, white precipitate, red precipitate, biniodide of mercury, and essential oil of almonds.

Statutes, 1901, p. 128-129.

ADULTERATION OF DRUGS.

17. Penalty; investigation. No person shall add to or remove from any drug, chemical or medical preparation any ingredient or material for the purpose of adulteration or substitution or which shall deteriorate the quality, commercial value or medical effect, or alter the nature or composition of such article, and no person shall knowingly sell or offer for sale any such adulterated, altered or substituted drug, chemical or medical preparation without first informing the purchaser of the adulteration or sophistication of the article sold or offered for sale. Any person who shall willfully violate any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than ten dollars nor more than fifty dollars for the first offense, and for each subsequent offense a fine of not less than fifty dollars nor more than one hundred dollars. On written complaint being entered against any person or persons charging them with specific violation of any of the provisions of this section, the Board of Pharmacy is hereby empowered to delegate one of its members, or other suitable person, who shall have authority to inspect drugs, chemicals or medicines, and to make a thorough investigation of the case; he shall then report the result of his investigation, and, if such report justify such action, the Board shall notify the proper District Attorney, who shall prosecute the offender according to law.

Statutes, 1901, p. 128.

NEW HAMPSHIRE.

The State board of health is charged with the enforcement of the law relating to the adulteration of drugs and medicines, and has recently undertaken to a limited extent the examination of these products.

REGISTERED PHARMACISTS.

1. Conduct of drug stores. No person shall conduct or keep a shop of any kind in this state for the purpose of retailing drugs, medicines, or such chemicals as are used in compounding medicines, or engage in the business of compounding and putting up prescriptions of physicians and selling medicines, either as proprietor, agent, or assistant, without first having obtained a certificate from the commissioners appointed under the provisions of this chapter; but it shall be lawful for any person to sell proprietary medicines, or be an owner in the stock in trade in any druggist or apothecary's shop, if he takes no part in conducting or keeping the shop. (Laws 1875, p. 442.)

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5. “Registered assistant" not entitled to manage store. They (i. e., 'the commission of pharmacy and practical chemistry ") shall examine all applicants over eighteen years of age who have served two years under a registered pharmacist, and grant to such as pass satisfactory minor examinations a certificate as registered assistant." Such certificate shall not entitle the holder to act as manager of a drug store or pharmacy. (Laws 1889, p. 84.)

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10. Penalty. If any person shall engage in the business of retailing and vending, directly or indirectly, drugs, medicines, and chemicals, and in dispensing medicine and compounding physicians' prescriptions, without being registered as provided by this chapter or the law heretofore in force, he shall be punished by a fine not exceeding fifty dollars for each week he shall continue the business without being so registered. (Laws, 1875, p. 443.)

11. Physicians may dispense their own prescriptions. The provisions of this chapter shall not be so construed as to apply to physicians compounding and putting up their own prescriptions. (Laws 1875, p. 443.)

Public Statutes and Session Laws, 1901, p. 431-433.

12. Commissioners charged with enforcement of foregoing sections. It shall be the duty of the commissioners to enforce the provisions of this chapter. For actual services and necessary expenses in the performance of this duty, they shall be paid from the state treasury such sums as the governor and council may determine and approve.

Laws 1901, p. 540.

SALE OF POISONS.

13. Record. Every apothecary, druggist, or other person who sells any arsenic, corrosive sublimate, nux vomica, strychnine, or prussic acid, shall make a record of such sale in a book kept for that purpose, specifying the kind and

quantity of the article sold, and the time when and the name of the person to whom such sale is made, which record shall be open to all persons who may wish to examine the same.

́14. Penalty.

Any person who shall violate the provisions of the preceding section shall be fined not exceeding one hundred dollars.

4

15. Physicians' prescriptions excepted. The two preceding sections shall not apply to physicians, in their prescriptions or recipes to their patients. Laws 1848, ch. 736, as amended, Laws 1850, p. 966.

Public Statutes and Session Laws, 1901, p. 814 et seq.

ADULTERATION OF DRUGS.

4. State board of health to investigate quality of drugs. The state board of health shall take cognizance of the interests of the public health, relating to the sale of drugs and foods and the adulteration of the same, and shall make all necessary investigations and inquiries in reference thereto, and for these purposes may appoint inspectors, analysts, and chemists, who shall be subject to its supervision and removal; and said board may expend annually an amount not exceeding eight hundred dollars for the purpose of carrying out the provisions of this section and of the chapter relating to the adulteration and the sale of unwholesome foods and of poisons. (Laws, 1891, p. 334.)

Public Statutes and Session Laws, 1901, p. 334.

1. Sale prohibited. No person shall sell, or offer for sale, any adulterated drug or substance to be used in the manner of medicine, or any adulterated article of food or substance to be used in the manner of food or drink.

2. "Adulteration" defined. If any drug or substance used for medicine, sold under a name recognized by the United States Pharmacopoeia, or in some other Pharmacopoeia, or other standard work of materia medica, differs materially from the standard of strength, quality, or purity laid down in such work, or contains less of the active principle than is contained in the genuine article, weight for weight, or falls below the professed standard under which it is sold, it shall be deemed to be adulterated within the meaning of this chapter. 4. Penalty. Whoever fraudulently adulterates for the purpose of sale any article of food or drink, drug or medicine, or knowingly sells any fraudulently adulterated article of food or drink, drug or medicine, or any kind of diseased or unwholesome provisions as defined in this chapter, shall be imprisoned not exceeding one year, or be fined not exceeding four hundred dollars.

5. Samples must be furnished for analysis. Every person offering or exposing for sale any drug or article of food within the meaning of this chapter, shall furnish to any analyst, or other officer duly appointed for the purpose, who shall apply to him for the same and tender him its value in money, a sample sufficient for the purpose of the analysis of such drug or article of food.

7. Penalty for hindering inspector. Whoever hinders, obstructs, or in any way interferes with any inspector, analyst, or other officer appointed hereunder, in the performance of his duty, shall be fined not exceeding fifty dollars for the first offense and one hundred dollars for each subsequent offense.

8. Portion of sample to be reserved. Before commencing the analysis of a sample, the analyst shall reserve a portion, which shall be sealed; and in case of a complaint or indictment, part of the reserved portion of the sample alleged to be adulterated shall, upon application, be delivered to the defendant or his attorney, and part to the secretary of the state board of health.