NEW YORK.

The State board of health is authorized to conduct such investigations of the quality of drugs sold as may be necessary to secure the enforcement of the law.

REGISTERED PHARMACISTS.

194. Subdivision 1. Pharmacy defined. From and after the passage of this act every place in which drugs, medicines or poisons are retailed or dispensed or physicians' prescriptions compounded shall be deemed to be a pharmacy, or a drug store, and the same shall be under the personal supervision of a licensed pharmacist or druggist respectively.

Subdivision 8. Unlawful to engage in drug business without certificate from board of pharmacy. Except as prescribed in this act, it shall not be lawful for any person to practice as a pharmacist, assistant pharmacist or druggist or to engage in, conduct, carry on or be employed in the dispensing, compounding or retailing of drugs, medicines or poisons within this state.

Revised Statutes, Codes and General Laws (Birdseye), 1901, vol. 2, p. 2859-2860.

199. Application of act limited. This article shall not apply to the practice of a practitioner of medicine who is not the proprietor of a store for the dispensing or retailing of drugs, medicines and poisons, or who is not in the employ of such a proprietor, and shall not prevent practitioners of medicine from supplying their patients with such articles as they may deem proper, and except as to the labeling of poisons it shall not apply to the sale of medicines or poisons at wholesale when not for the use or consumption of the purchaser, or to the sale of paris green, white hellebore and other poisons for destroying insects, or any substance for use in the arts, or to the manufacture and sale of proprietary medicines, or to the sale by merchants of ammonia, bicarbonate of soda, borax, camphor, castor oil, cream of tartar, dye stuffs, essence of ginger, essence of peppermint, essence of wintergreen, non-poisonous flavoring essence or extracts, glycerine, licorice, olive oil, salammoniac, salt petre, salsoda, epsom salts, rochelle salts, and sulphur, except as herein provided. Provided, however, that in the several places in this state outside of incorporated cities and villages, and in incorporated villages of the fourth class, said places and villages not having therein or within three miles thereof a regularly licensed pharmacy or drug store, physicians may compound medicines, fill prescriptions, and sell poisons, duly labeling the same as required by this act, and merchants and retail dealers may sell the ordinary non-poisonous domestic remedies. Any division of the state board of pharmacy, having within its territory any such village or place, shall, whenever the necessity therefor is shown to exist, grant to some resident therein, who has had experience in dealing in drugs, medicines and poisons, a permit to compound medicines, fill prescriptions and sell poison for a period not exceeding one year, upon the payment of a fee not exceeding

three dollars. Such permit shall be limited to the village or place in which such person resides and may be limited to one or more of the above classifications and to the sale of certain kinds or classes of poisons.

200. Apprentices not permitted to sell drugs except under supervision of druggist or pharmacist. This article shall not be so construed as to prohibit the employment in licensed pharmacies, or drug stores, of apprentices or assistants for the purpose of being instructed in the practice of pharmacy; but such apprentices or other unlicensed employes or assistants shall not be allowed to prepare or dispense receipts or prescriptions or to sell or furnish medicines or poisons, except in the presence of and under the personal supervision of a licensed pharmacist or druggist, who must either be the proprietor or owner of said pharmacy or must be in the actual employ of such proprietor or owner, and where violations of this article occur on the part of the said apprentices or other unlicensed employes in any pharmacy or store, the person, partnership, association or corporation, being the proprietor of such pharmacy or drug store, shall be equally liable as principal, for such violation.

201. Subdivision 3. Penalties. Any person who shall attempt to procure or who shall procure a license or registration for himself, herself, or for any other person, under this title, by making or causing to be made any false representations shall be guilty of a misdemeanor. Any licensed pharmacist who shall permit the compounding and dispensing of prescriptions of medical practitioners in his store or place of business by any person or persons not licensed or registered; any person not licensed by said board who shall prepare or dispense a medical prescription or physician's prescription or dispense or sell at retail poisons or medicines except under the immediate supervision of a duly licensed person, whose certificate, license or registration is displayed in the place where the same is prepared, dispensed or sold; any person not licensed by said board who shall open or conduct or have charge of or supervise any pharmacy or drug store for retailing, dispensing or compounding medicines or poisons; any person who shall fraudulently represent himself, or herself to be licensed or any person, who knowingly refuses to permit any member of said board or inspector of pharmacy employed by said board to enter a pharmacy or drug store for the purpose of lawfully inspecting the same or intentionally prevents the lawful inspection of any place in which drugs, medicines or poisons are retailed or dispensed, or physicians' prescriptions compounded; any person whose license or certificate of registration has been duly revoked by said board and who refuses to deliver up his or her certificate or license to said board; any proprietor whose name does not appear upon the sign as herein above provided, any holder of a license or certificate of registration who fails to display the same as above provided; or any person who shall violate any of the provisions of this title, in relation to the retailing and dispensing of drugs, medicines and poisons, for which violation no other punishment is hereinbefore imposed, shall for such offense be guilty of a misdemeanor.

Subdivision 4. Fine paid to state board of pharmacy. Any person violating any of the provisions of this article, in addition to, or irrespective of the punishment hereinbefore provided, shall forfeit to the state board of pharmacy the sum of twenty-five dollars for every such violation, which may be used for and recovered in the name of said board and shall be paid to state board of pharmacy for its use, as in this article provided. All fines imposed and collected, under any of the provisions of this article, shall be paid over to the state board of pharmacy.

Revised Statutes, Codes and General Laws (Birdseye), 1901, vol. 2, p. 2862-2863.

401. Omission to label drugs, or wrong labeling. An apothecary, or licensed druggist, or licensed pharmacist, or a person employed as clerk or salesman by an apothecary or licensed druggist or licensed pharmacist, 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, wilfully, 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 in danger, is quilty of a misdemeanor.

403. Physicians excepted from provisions of section 401. The provisions of section four hundred and one shall not apply to the practice of a practitioner of medicines who is not the proprietor of a store for the dispensing or retailing of drugs, medicines and poisons, or who is not in the employ of such a proprietor, and shall not prevent practitioners of medicine from supplying their patients with such articles as they may deem proper, and except as to the labeling of poisons shall not apply to the sale of medicines or poisons at wholesale when not for the use or consumption of the purchaser; provided, however, that the sale of medicines or poisons at wholesale shall continue to be subject to such regulations as from time to time may be lawfully made by the board of pharmacy or by any competent board of health.

Revised Statutes, Codes and General Laws (Birdseye), vol. 4 (Supplement 1905), p. 223, 224.

SALE OF POISONS.

402. Labeling; recording the sale; schedules. It shall be unlawful for any person to sell at retail or furnish any of the poisons named in the schedules hereinafter set forth, without affixing or causing to be affixed, to the bottle, box, vessel or package, a label containing the name of the article and the word "poison" distinctly shown, with the name and place of business of the seller, all printed in red ink, together with the name of such poisons printed or written thereupon in plain, legible characters, which schedules are as follows, to wit:

SCHEDULE A.

Arsenic, cyanide of potassium, hydrocyanic acid, cocaine, morphine, strychnia and all other poisonous vegetable alkaloids and their salts, oil of bitter almonds, containing hydrocyanic acid, opium and its preparations, except paregoric and such others as contain less than two grains of opium to the ounce.

SCHEDULE B.

Aconite, belladonna, cantharides, colchicum, conium, cotton root, digitalis, ergot, hellebore, henbane, phytolacca, strophanthus, oil of tansy, veratrum veride and their pharmaceutical preparations, arsenical solutions, carbolic acid, chloral hydrate, chloroform, corrosive sublimate, creosote, croton oil, mineral acids, oxalic acid, paris green, salts of lead, salts of zinc, white hellebore or any drug, chemical or preparation which, according to standard works on medicine or materia medica, is liable to be destructive to adult human life in quantities of sixty grains or less, and such other poisons as the state board of pharmacy, under the authority given to it by the public health law, may from time to time add

to either of said schedules. Every person who shall dispose of or sell at retail or furnish any poisons included under Schedule A shall, before delivering the same, make or cause to be made an entry in a book kept for that purpose, stating the date of sale, the name and address of the purchaser, the name and the quantity of the poison, 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 five years after the last entry. He shall not deliver any of said poisons without satisfying himself that the purchaser is aware of its poisonous character and that the said poison is to be used for a legitimate purpose. The foregoing portions of this section shall not apply to the dispensing of medicines or poisons on physicians' prescriptions. Wholesale dealers in drugs, medicines, pharmaceutical preparations or chemicals shall affix or cause to be affixed to every bottle, box, parcel or outer enclosure of an original package containing any of the articles enumerated under said schedue A, a suitable label or brand in red ink with the word poison" upon it. Any person who violates any of the provisions of this section shall be guilty of a misdemeanor.

66

Revised Statutes, Codes and General Laws (Birdseye), vol. 4, (Supplement 1905), p. ༡༡༡

405a. Prescriptions containing opium and morphine not to be refilled except in certain cases. A person who, except upon the written or verbal order of a physician, refills more than once prescriptions containing opium, morphine or preparations of either, in which the dose of opium exceeds one-fourth grain or morphine one-twentieth grain, is guilty of a misdemeanor.

Revised Statutes, Codes and General Laws (Birdseye), 1901, p. 1092.

ADULTERATION OF DRUGS.

40. Definition of "drug".

**

*

the term, drug, when so used shall include all medicines for external and internal use.

41. Adulterations prohibited and defined. No person shall, within the state, manufacture, produce, compound, brew, distill, have, sell or offer for sale any adulterated food or drug. An article shall be deemed to be adulterated within the meaning of this act: A. In the case of drugs:

1. If when sold under or by a name recognized in the United States pharmacopoeia, it differs from the standard of strength, quality or purity laid down therein.

2. If, when sold under or by a name not recognized in the United States pharmacopoeia, but which is found in some other pharmacopœia or other standard work on materia medica, it differs materially from the standards of strength, quality or purity laid down in such work.

3. If its strength or purity fall below the professed standard under which it is sold. (Laws, 1881, p. 553; amended Laws, 1893, p. 1510.)

41a. Adulteration of food, drugs, etc. A person who, either,

1. With the intent that the same may be sold as adulterated or undiluted, adulterates or dilutes wine, milk, distilled spirits or malt liquor, or any drug, medicine, food or drink, for man or beast, or,

2. 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

a So in Statutes.

where special provision has not been made by statute, for the punishment of the offense, * * (Laws, 1889, p. 168.)

42. Duties of State board of health in respect to adulterations. The state board of health shall take cognizance of the interests of the public health as affected by the sale or use of food and drugs and the adulterations thereof, and make all necessary inquiries and investigations relating thereto. It shall appoint such public analysts, chemists and inspectors as it may deem necessary for that purpose, and revoke any such appointment whenever it shall deem the person appointed incompetent, or his continuance in the service for any reason undesirable. It shall, from time to time, adopt such measures and make such regulations and declarations, in addition to the provisions of this article, as may seem necessary to enforce or facilitate the enforcement of this article, or for the purpose of making an examination or analysis of any food or drug sold or exposed for sale in the state, and all such regulations and declarations made in any year shall be filed in the office of the secretary of state and published in the session laws first published after the expiration of thirty days from such filing. (Laws 1881, p. 554; amended Laws 1885, p. 316.)

44. Samples to be furnished. Every person selling, or offering, or exposing for sale or manufacturing or producing any article of food, or any drug, shall upon tender of the value thereof, furnish any analyst, chemist, officer or agent of the state board of health or of any local board of health, with a sample of any such article or drug, sufficient for the purpose of analysis or test. For every refusal to furnish the same, the person so refusing shall forfeit to the people of the state the sum of one hundred dollars. (Laws, 1881; amended Laws, 1893, p. 1513)

Revised Statutes, Codes and General Laws (Birdseye), 1901, p. 2815-2818.

1. Punishment of misdemeanors in general. A person convicted of a crime declared to be a misdemeanor, for which no other punishment is specially prescribed by this code, or by any other statutory provision in force at the time of the conviction and sentence, is punishable by imprisonment in a penitentiary, or county jail, for not more than one year, or by a fine of not more than five hundred dollars, or by both.

Revised Statutes, Codes and General Laws (Birdseye), 1901, p. 2391.

197. Subdivision 1. Standard. Unless otherwise prescribed for, or specified by the customer, all pharmaceutical preparations, sold or dispensed in a pharmacy, dispensary, store or place, shall be of the standard strength, quality and purity, established by the latest edition of the United States Pharmacopoeia. Subdivision 2. Pharmacist responsible for quality of drugs. Every proprietor of a wholesale or retail drug store, pharmacy, or other place where drugs, medicines or chemicals are sold, shall be held responsible for the quality and strength of all drugs, chemicals or medicines sold or dispensed by him except those sold in original packages of the manufacturer, and those articles or preparations known as patent or proprietary medicines.

Subdivision 3. Adulteration a misdemeanor; goods forfeited. Any person who shall knowingly, wilfully or fraudulently, falsify or adulterate any drug, medical substance or preparation, authorized or recognized in the said Pharmacopoeia, or used or intended to be used in medical practice or shall knowingly, wilfully or fraudulently offer for sale, sell or cause the same to be sold, shall be guilty of a misdemeanor; all drugs, medical substances, or preparations so falsified or adulterated shall be forfeited to the board and by the board destroyed. (See sec. 41, p. 137.)