vent deception in the distribution and sale thereof;' approved the

day of

A. D. nineteen hundred and one"; every such warranty shall be signed by the warrantor, but no warranty shall be a defense if the person offering it shall have been notified, prior to the sale complained of, that the article or articles mentioned in it were impure within the meaning of this act.

19. False warranty; penalty. Any person who shall give or utter any false warranty of the form prescribed in the fifteenth section of this act, shall be guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine of not more than five hundred dollars, or imprisonment at hard labor for not more than one year, at the discretion of the court.

Laws, 1901, p. 186-199.

DISTRIBUTION OF SAMPLES.

1. Restriction by municipalities, etc. It shall be lawful for the common council or other governing body of any city, town, township, borough or other municipality within this state, by ordinance, to regulate and prohibit the distribution, depositing or leaving on the public streets, highways, public places, or on private property, or in any private place or places within any such municipality, any medicine, medicinal preparation or preparation represented to cure ailments or diseases of the body or mind, or any samples thereof, or any advertisements or circulars relating thereto; provided, however, that such municipality shall not be authorized to prohibit a delivery of any such article by handing the same to any person above twelve (12) years of age willing to receive the same.

2. Penalty. It shall be lawful for any such municipality, in and by any such ordinance, to provide for the imposition of a penalty of fifty dollars for the violation thereof.

Laws, 1904, p. 202.

27587-No. 98-06- -9

NEW MEXICO.

The State board of pharmacy is given power to enforce the law governing adulterations.

REGISTERED PHARMACISTS.

3717. Charge of drug store. It shall be unlawful for any person, not a registered pharmacist within the meaning of this act, to conduct any drug store, pharmacy, apothecary shop or store for the purpose of retailing, compounding or dispensing medicines in the Territory of New Mexico, except as hereinafter provided.

3718. Prescriptions must be compounded by or under the supervision of a registered pharmacist. It shall be unlawful for the proprietor of any such store or pharmacy to allow any person, except a registered pharmacist, to compound or dispense the prescriptions of physicians, except as an aid to, and under the supervision of a registered pharmacist. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction shall be liable to a fine of not less than twenty-five, nor more than one hundred dollars, and upon a second conviction and proof thereof shall be fined in a sum not less than one hundred dollars not more than two hundred dollars. As amended March 15, 1905; Laws, 1905, p. 193.

3726. Penalties; exemptions. Any person not a registered pharmacist, as provided in this act, who shall conduct a store or pharmacy, or place for retailing, compounding or dispensing drugs, medicines or chemicals, for medical use, or for compounding or dispensing physicians' prescriptions in the Territory of New Mexico, or who shall take, use, or exhibit the title of, Registered Pharmacist, shall be deemed guilty of a misdemeanor, and upon a conviction thereof, be liable to a penalty of not less than five, nor more than one hundred dollars: Provided, That any person or persons not a registered pharmacist may own and conduct such store if he or they keep constantly in their employ a registered pharmacist: Provided, further, This act shall not apply to physicians putting up their own prescriptions, nor to the sale of patent or proprietary medicines, nor to the sale of those articles commonly known as Grocers' Drugs, except those articles that are dominated, Poisons, under the law known as the, New Mexico Poison Law; nor to any regularly licensed physician of the Territory of New Mexico engaged in the drug business in towns or cities situated twenty miles or more from a regular licensed pharmacist engaged in the drug business. Laws, 1888-9, p. 118; as amended, Laws 1897, p. 144.

Compiled Laws, 1897, p. 913-915.

3729. Special permits. It shall be the duty of the said board to grant to persons or merchants in towns or camps having no drug store, minor certificates without charge, as they may deem proper, to vend such medicines, compounds or chemicals as are required by the general public: Provided, That this iaw is not to be so construed as to prevent ranchmen or miners not within reach of a store or place where drugs are sold from dispensing medicines to their families or employes: Provided, further, That it shall be the duty of the secretary of said board to render an accurate annual statement to the governor

of the territory, of all moneys received and expended by said board during each year, and he shall also report upon the general condition of pharmacy throughout the territory. (Laws 1888-9, p. 118 et seq.)

Compiled Laws, 1897, p. 916.

SALE OF POISONS.

1259. Labels; penalty. Every apothecary, druggist, or other person, who shall sell and deliver any arsenic, corrosive sublimate, prussic acid, or any other violent poison, without having the word poison, and the true name written thereof, written or printed in Spanish and English, upon a label put on the phial, box, or package that contains the same, shall be punished by a fine not exceeding one hundred dollars. (Laws, 1853-4, p. 136.)

1260. Records; schedules. That hereafter it shall be unlawful for any person, not a registered pharmacist, to sell or dispense any poisons enumerated in schedules A and B, except as provided by section fourteen of the New Mexico pharmacy law, approved February 15, 1889.

SCHEDULE A.

Arsenic, mercury, strychnia, and their preparations and salts, acetate of lead, tartar emetic, cyanide of potassium, hydrocyanic acid, and all other poisonous vegetable alkaloids and their salts, essential oil of bitter almonds, opium and its preparations, except paregoric and such other preparations of opium containing less than two grains to the ounce.

SCHEDULE B.

Aconite, belladonna, coca, colchicum, conium, nux vomica, henbane, savin, ergot, cotton root, cantharides, creosote, digitalis, and their pharmaceutical preparations and alkaloids, croton oil, chloroform, chloral hydrate, sulphate of zinc, mineral acids, carbolic acid, and oxalic acid, without distinctly labeling the box, vessel or paper in which the 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 sell or deliver any poison enumerated in schedules A and B 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; nor shall it be lawful for any registered pharmacist to sell or dispense any poisons enumerated in schedules A and B without, before delivering the same to the purchaser, causing an entry to be made in a book kept for that purpose, stating the date of sale, the name and address of the purchaser, the name of the poison sold, 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 four years. The provisions of this section shall not apply to the dispensing of poisons, in not unusual quantities or doses, upon the prescriptions of practitioners of medicine: Provided, Nothing in this act shall be so construed as to prevent the sale of such poisonous articles as are directly used in mining or for the reduction or concentration of ores.

1261. Penalty. Any person violating the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in a sura not exceeding one hundred dollars, or by imprisonment in the county jail for not more than six months, or both in the discretion of the court. Laws 1897, p. 138-139.

Compiled Laws, 1897, p. 374–377.

ADULTERATION OF DRUGS.

3724. Druggist responsible for quality of drugs. Every owner of a drug store in the territory of New Mexico shall be held responsible for the quality of all drugs, chemicals and medicines he may sell or dispense, with the exceptions of those sold in the original packages of the manufacturer or wholesale dealer, and also those known as proprietary medicines. And should he knowingly, intentionally and fraudulently adulterate, or cause to be adulterated, such drugs, chemicals or medical preparations, he shall be deemed guilty of a misdemeanor, and upon conviction thereof, his license as a registered pharmacist shall be thereby revoked, and in addition thereto, be liable to a penalty not exceeding five hundred ($500) dollars. (Laws, 1888–9, p. 121.)

Compiled Laws, 1897, p. 915.

1245. Penalty. If any person shall fraudulently adulterate for the purpose of selling any drug or medicine, in such manner as to make the same injurious to health, he shall be punished by imprisonment in the county jail, not exceeding one year, or by fine not exceeding three hundred dollars, and such drug or medicine shall be forfeited and destroyed. (Laws, 1853-4, p. 136.)

1246. Mixing, etc., so as to render injurious; penalty. No person within the Territory of New Mexico shall mix, color, stain or powder or permit any other person to mix, color, stain or powder any article of food or drugs with any ingredient or material so as to render the article injurious to health, or manufacture any article of food which shall be composed in whole or in part of diseased, decomposed, offensive or unclean animal or vegetable substance, with the intent that the same may be sold in the said territory, and no person shall sell in the Territory of New Mexico any such article so mixed, colored, stained, powdered or manufactured. Any person violating this section shall be guilty of a misdemeanor, and for each offense to be fined not exceeding two hundred dollars for the first offense,. and for each subsequent offense not exceeding three hundred dollars, or imprisonment not exceeding one year, or both in the discretion of the court.

1247. Injurious adulteration or dilution. No person shall, within the Territory of New Mexico, except for the purpose of compounding as hereinafter described, mix, color, stain or powder, or order or permit any other person to mix, color, stain or powder, any drug with any ingredient or material so as to affect injuriously the quality or potency of such drug, with the intent that the same may be sold in the said Territory of Mexico, and no person shall sell any such drug so mixed, colored, stained, or powdered under the same penalty in each case respectively as in the preceding section for a first and subsequent offense.

1248. Ignorance of adulteration bar to conviction. No person shall be liable to be convicted under either of the two last foregoing sections in respect to the sale of any article of food or of any drug if he shows to the satisfaction of the court before whom he is charged that he did not know of the article of food or drug sold by him being so mixed, colored, stained or powdered as in either of those sections mentioned, and that he could not, with reasonable diligence, have obtained that knowledge.

1249. Must be of quality, etc., demanded; penalty; exemptions. No person shall sell in the Territory of New Mexico any article of food or drug which is not of the nature, substance and quality of the article demanded by any purchaser, and any person violating this section shall be guilty of a misdemeanor, and for the first offense be fined, not exceeding fifty dollars, and for each subsequent offense not exceeding one hundred dollars, or imprisonment not exceeding six

months, or both in the discretion of the court: Provided, That an offense shall not be deemed to be committed under this section in the following cases, that is to say : First. Where any matter or ingredient not injurious to health has been added to the food or drug because the name is required for the production or preparation thereof as an article of commerce in a fit state for carriage or consumption and not fraudulently to increase the bulk, weight or measure of the food or drug, or conceal the inferior quality thereof.

Second. Where the drug or food is a proprietary medicine.

Third. Where the food or drug is compounded as authorized by this act. Fourth. Where the food or drug is unavoidably mixed with some extraneous matter in the process of collection or preparation.

1250. Compounded drugs to be of composition demanded by purchaser; proviso. No person shall sell in the Territory of New Mexico any compound article of food or compounded drug which is not composed of ingredients in accordance with the demand of the purchaser. Any person violating this section shall be guilty of a misdemeanor and fined not exceeding fifty dollars: Provided, That no person shall be guilty of any such offense as aforesaid in respect of the sale of an article of food or a drug mixed with any matter or ingredient not injurious to health and not intended, fraudulently, to increase its bulk, weight or measure, or conceal its inferior quality, if at the time of delivering such article or drug he shall supply to the person receiving the same a notice by a label distinctly and legibly written or printed on or with the article or drug, to the effect that the same is mixed.

1252. Application of proviso must be proved. In any prosecution under this act, where the fact of an article having been sold in a mixed state has been proved, if the defendant shall desire to rely upon proviso contained in this act, it shall be incumbent upon him to prove the same.

1253. Ignorance of presence of adulteration bar to prosecution. If the defendant in any prosecution under this act, prove to the satisfaction of the court that he had purchased the article in question as the same in nature, substance and quality as that demanded of him by the purchaser and with a written warranty to that effect; that he had no reason to believe at the time when he sold it that the article was otherwise; and that he sold it in the same state as when he purchased it, he shall be discharged from the prosecution.

1254. Forged warranties; penalty. Any person who shall forge, or shall after knowing it to be forged, any certificate or any writing purporting to contain a warranty, as provided in section one thousand two hundred and fifty-three, shall be guilty of a misdemeanor and be punishable on conviction, by imprisonment for a term not exceeding one year with hard labor.

1255. False applications of warranties or labels. Every person who shall willfully apply to any article of food or a drug, a certificate of warranty given in relation to any other article or drug, or who shall give a false warranty in writing to any purchaser in respect of an article of food or a drug sold by him as principal or agent, or who shall willfully give a label with any article sold by him which shall falsely describe the article sold shall be guilty of a misdemeanor, and on conviction be fined not to exceed one hundred dollars. 1256. " * Drug" defined. The term drug as used in this act shall include all medicines for internal or external use.

* *

1257. Exemptions. That the governor may from time to time declare certain articles or preparations to be exempt from the provisions of this act, and it shall be the duty of the secretary of the territory to prepare and publish from time to time a list of the articles, mixtures or compounds declared to be exempt from the provisions of this act in accordance with this section. Laws, 1888-9, p. 303.

Compiled Laws, 1897, p. 374.