9. Enforcement of law by state board of health. The state board of health shall adopt such measures as it may deem necessary to facilitate the enforce ment of this chapter, and for the collecting and examining of drugs and foods, articles of clothing, fabrics, wall-paper, or anything containing poisonous pigments or substances whereby the health of any person may be injured. Laws 1891, p. 333 et seq.

Public Statutes and Session Laws, 1901, p. 814-815.

ADULTERATION OF LIQUORS WITH DRUGS.

10. Penalty. Whoever adulterates, for the purpose of sale, any liquor used or intended for drink, with cocculus indicus, vitriol, grains of paradise, opium, alum, capsicum, copperas, laurel-water, logwood, Brazil wood, cochineal, sugar of lead, or any other substance which is poisonous or injurious to health, or knowingly sells any such liquor so adulterated, shall be fined not exceeding one thousand dollars, or be imprisoned not exceeding one year. (Laws 1860, p. 2246.)

Public Statutes and Session Laws, 1901, p. 815.

NEW JERSEY.

The State board of health is charged with the enforcement of the general pure food and drug law, and the State board of pharmacy with the enforcement of those provisions of the pharmacy law which relate to the adulteration of drugs by pharmacists.

All fines imposed in actions instituted by the board of pharmacy are paid to the board.

REGISTERED PHARMACISTS.

2. Conduct of pharmacy; compounding medicines, etc. From and after the passage of this act it shall not be lawful for any person not a registered pharmacist, within the meaning of this act, to conduct any store or pharmacy, or to employ any unregistered pharmacist or unregistered assistant for retailing, dispensing or compounding drugs, medicines or poisons, or for any one not a registered pharmacist or registered assistant to prepare and dispense physicians' prescriptions, or to retail or dispense medicines or poisons, except under the immediate supervision of a registered pharmacist; this section shall not be so construed as to prohibit the employment in pharmacies or drug stores, of apprentices, but such apprentices or other unregistered employes shall not be allowed to prepare, compound and dispense prescriptions, or to sell or furnish medicines, prescriptions or poisons, except in the presence of and under the personal supervision of a registered pharmacist of this state, who must either be the proprietor or owner of said store or pharmacy, or in the actual employ of such proprietor or owner; and for the violation of this section the owner, corporation, association, copartnership or person being the owner or proprietor of said store or pharmacy shall be equally liable as principal for said violation. Laws, 1901, p. 86.

6. Labels, poison schedules. It shall not be lawful for any person to retail or dispense any of the poisons enumerated in "schedule A," appended to this section, or any other substance commonly recognized as a deadly poison, or any substance which in doses of five grains or less is destructive of human life, without distinctly labeling with a red label the bottle, box, can or container or wrapper in which said poison is contained, with the name of the article and the word "poison" and the name and place of business of the dispenser, and not without being satisfied that the purchaser is aware of its poisonous nature and intends to use it for a legitimate purpose, and it shall be unlawful for any person to give a fictitious name or make any false representations to the seller when buying any of the poisons thus enumerated, but the penal provisions of this act shall not apply to the sale of such poisons as are used in the arts, agriculture or in manufacturing to persons known to be engaged in such pursuits; nor to the dispensing of poisons upon the prescription of a practicing physician.

SCHEDULE A.

Arsenic and its compounds and chemical derivatives, corrosive sublimate and other poisonous derivatives of mercury, phosphorus and its poisonous derivatives, prussic acid and its poisonous derivatives, tartar emetic and other poisonous derivatives of antimony, sugar of lead and other poisonous derivatives of iead, essential oil of bitter almonds, oils of tansy, pennyroyal, rue, savin and croton, carbolic acid, oxalic acid, and mineral acids, cocaine, strophanthus, cocculus indicus, chloroform, chloral hydrate, aconite, belladonna, conium, cantharides, digitalis, hyocyamus, nux vomica, Indian hemp, veratrum veride, yellow jessamine, opium, their alkaloids and other preparations (except paragorica and other preparations of opium having less than two grains to the ounce), ergot, savin, cotton root and their preparations.

7. Violations and penalty. Any person or persons who shall establish or conduct any pharmacy or drug store for the retailing, dispensing or compounding of drugs, medicines, physicians' prescriptions or poisons, not being a duly registered pharmacist of this state, or shall be engaged as clerk or assistant or apprentice in any store or pharmacy, and retailing, dispensing or compounding drugs, medicines or physicians' prescriptions, not having first obtained a certificate of registration as a pharmacist or registered assistant in accordance with the provisions of this act; or, being a duly registered pharmacist or registered assistant or an apprentice, shall violate any of the provisions of this act, or shall adulterate or sell any adulterated drug, medicine or chemical; or any person who shall procure or attempt to procure registration for himself or herself or any other person under this act, by making or causing to be made any false representations, or shall fraudulently represent himself or herself to be registered in accordance with this act, or any person who shall violate any of the provisions of this act, shall forfeit and pay for each and every offense the sum of one hundred dollars (together with costs) as a penalty therefor; to be sued for and recovered by and in the name of "The Board of Pharmacy of the State of New Jersey."

9. Exemptions. Nothing in this act shall be so construed to apply to or in any manner interfere with the strictly professional pursuits of any physician, nor with the making and vending of non-poisoning patent or proprietary medicines, nor with the sale of simple non-poisonous domestic remedies by retail dealers in rural districts, nor with the ownership of any pharmacy or store, in whole or in part, by any person not a registered pharmacist; provided, such pharmacy or store be at all times in charge of a registered pharmacist; and any person holding any certificate of registration granted under any former act, with the renewal certificate thereof, shall be considered a registered pharmacist within the meaning of this act.

Laws, 1901, p. 89-91.

SALE OF POISONS.

1. Sale of cocaine restricted. No person shall knowingly sell, furnish or give away any cocaine, or any patent or proprietary remedy containing cocaine, except upon the prescription of a registered practicing physician, or of a dentist in his own practice, or of a veterinarian in his own practice; nor shall any such prescription be refilled; nor shall any physician or dentist prescribe cocaine, any patent or proprietary remedy containing cocaine, for any person See also sec. 6, p. 125.

or

a So in Laws.

known to be an habitual user of cocaine; provided, that the provisions of this act shall not apply to persons engaged in the wholesale drug trade, regularly selling cocaine to persons engaged in the retail drug trade.

2. Penalty. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than one hundred dollars, or imprisonment in the county jail where said violation was committed, for a term of three months, or both, at the discretion of the court before which such offender shall be convicted.

Laws, 1904, p. 187.

ADULTERATION OF DRUGS.

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*

1. Definition of "drug." 66 The term drug as used in this act shall include every article of medicine for internal or external use, and every ingredient in such article. (Laws 1901, p 186.)

2. Definition of adulteration. The following drugs shall be deemed to be impure within the meaning of this act: (1) any drug which, being known under or by a name recognized in the last revised United States pharmacopeia, possesses a strength, quality or degree of purity inferior to or different from that laid down in such revised pharmacopoeia; (2) any drug which not being known under or by a name recognized in the last revised United States pharmacopoeia, but which is found in some other pharmacopœia or in some other standard work on materia medica, possesses a strength, quality or degree of purity inferior to or different from that laid down in such other pharmacopoeia or standard work; and (3) any drug whose strength, quality or degree of purity falls below the professed standard under which it is sold. (Amended March 29th, 1904; Laws, 1904, p. 309.)

4. Possession or sale of adulterated articles unlawful. No person shall distribute or sell, or have in his possession with intent to distribute or sell, any article of food or drug which, under any of the provisions of this act, is or shall be deemed to be impure.

5. Imitations must be sold as such. No person shall distribute or sell, or offer to distribute or sell, any article of food or any drug which is an imitation of some other article of food or of some other drug under or by the name of the article of food or drug imitated, but the same shall be distributed and sold, or offered for distribution or sale, only by the true name of the imitation.

11. Enforcement of act by state board of health. The state board of health shall have the power from time to time to adopt, promulgate and publish by circular or otherwise, such general rules and regulations for the government of the analysts, chemists, chief inspector and such other inspectors and employes appointed by the said board as they may deem proper; they shall also have the power to give to any analysts, chemists or chief inspector, or other inspector or employe appointed by the board, such orders concerning any performance of duty as they from time to time may deem proper; they shall also have the power from time to time to appoint such analysts, chemists, chief inspector and ether inspectors and employes as they may deem proper, who shall hold their respective positions during the pleasure of said board and perform such general or special services as said board may by their general rules and regulations or by their special orders require, and to fix and allow to said analysts, chemists, chief inspector and other inspectors and employes, respectively, such salaries, fees or compensation as the said board shall deem to be reasonable, which salaries, fees and compensation shall be paid out of the appropriations from time to time made by the legislature for carrying out the provisions of this act; the said

board shall have the power, and it shall be their duty, through said analysts, chemists, chief inspector and other inspectors and employes and in such other ways as the said board may deem practicable, to make inquiries and investigations concerning alleged or probable violations of any of the provisions of this act, to cause any and all persons guilty of any violation thereof to be prosecuted under the provisions of this act, and, generally, to adopt, carry out and enforce such rules and regulations as shall promote the purposes of this act. Laws 1901, p. 187–188.

12. Sampling by inspectors. Every person who shall distribute or sell, or offer for distribution or sale, or have in his possession with intent to distribute or sell, any article of food or drug, shall, on the request therefor and the tender of the value thereof by any chief or other inspector appointed under the authority of this act, deliver to such chief or other inspector so much of any such article of food or drug as said chief or other inspector may request; if such request shall not be immediately granted said chief or other inspector shall thereupon have the power to demand and take so much of any such article of food or drug as such chief or other inspector may think proper, he, at the time of said demand and taking, tendering to the person in charge of such article of food or drug what he may deem to be the reasonable value thereof; said chief or other inspector shall, at the time of the delivery to him of such article of food or drug, or of his demanding and taking the same, divide the sample so delivered or demanded and taken, in the presence of one or more witnesses, into two parts, and shall duly seal each part in a suitable can, vessel or package, and, at the time of taking such sample, shall tender, and if accepted, shall deliver one part to the person of whom the request or demand was made, with a statement, in writing, signed by said chief or other inspector, that such sample is taken for the purpose of analysis; and in any prosecution of any person for the violation of any provision of this act or, of any other statute of this state relative to the prevention of deception n the sale of food products, no proof of any analysis thereof shall be given in evidence by the prosecutor unless a part of the sample shall have been sealed up and tendered, with such writing as aforesaid, to the person of whom the request or demand was made. (Amended April 4, 1902; Laws, 1902, p. 579.)

13. Penalty; proviso concerning warranties. Every person who shall violate any of the provisions of this act, and every person who shall obstruct or in anywise interfere with any analysts, chemists, chief inspector or other inspector or employe of the state board of health in the performance of any duty under this act, shall be liable to a penalty of fifty dollars: provided, however, that if any person charged with the violation of any of the provisions of this act concerning impure foods or impure drugs shall prove at the hearing or trial of the complaint that the article alleged to be impure was produced under a warranty from any person or persons residing within this state, in the form hereinafter set forth, that said article was pure within the meaning of this act, and prior to the hearing or trial shall have filed in the district court, or with the justice of the peace, police justice or recorder, before whom the case is prosecuted, and with the attorney of the prosecutor of the case, a copy of such warranty, the person so complained against shall be discharged from prosecution; the warranty to justify such discharge shall specifically name and describe the article or articles warranted and shall be of the following form, to wit: "It is hereby warranted that the following-described article or articles, to wit, are pure and unadulterated within the meaning of the act of the legislature of the state of New Jersey entitled 'An act to secure the purity of foods, beverages, confectionery, condiments, drugs and medicines, and to pre