41b. Adulteration of natural fruit juices, penalty. Any person who shall knowingly sell, offer or expose for sale, or give away, any compound or preparation composed, in whole or in part, of any unwholesome, deleterious or poisonous acid, or other unwholesome, deleterious or poisonous substance, as a substitute for the pure, unadulterated and unfermented juice of lemons, limes, oranges, currants, grapes, apples, peaches, plums, pears, berries, quinces, or other natural fruits, representing such compound or preparation to be the pure, unadulterated and unfermented juice of any of such fruits; or who, in the mixing, decoction, or preparation of food or drink, shall knowingly use any such compound or preparation in the place of, or as a substitute for, the pure, unadulterated and unfermented juice of one or more of such fruits, shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not more than two hundred and fifty dollars, or by imprisonment for not more than six months, or by both such fine and imprisonment. (Laws, 1899, p. 744.)

Revised Statutes, Codes and General Laws (Birdseye), 1901, p. 2817, 2861.

DISTRIBUTION OF SAMPLES.

405b. Penalty for careless distribution. Any person, firm, or corporation, who distributes, or causes to be distributed, any free or trial samples of any medicine, drug, chemical or chemical compound, by leaving the same exposed upon the ground, sidewalk, porch, doorway, letter-boxes, or in any other manner, that children may become possessed of the same, shall be guilty of a misdemeanor punishable by a fine not exceeding twenty-five dollars for each offense, but this section shall not apply to the direct delivery of any such article to an adult. (Laws, 1903, p. 1148.)

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

NORTH CAROLINA.

The secretary of the State board of pharmacy may investigate complaints of alleged adulterations of drugs and may institute prosecutions.

REGISTERED PHARMACISTS.

4. Exclusive rights defined; exceptions. It shall be unlawful for any person not licensed as a pharmacist within the meaning of this act to conduct or manage any pharmacy, drug or chemical store, apothecary shop or other place of business for the retailing, compounding or dispensing of any drugs, chemicals or poison, or for the compounding of physicians' prescriptions, or to keep exposed for sale at retail any drugs, chemicals or poison, except as hereinafter provided, or for any person not licensed as a pharmacist within the meaning of this act to compound, dispense or sell at retail any drug, chemical, poison or pharmaceutical preparation upon the prescription of a physician or otherwise, or to compound physicians' prescriptions except as an aid to and under the immediate supervision of a person licensed as a pharmacist under this act. And it shall be unlawful for any owner or manager of any pharmacy or drug store or other place of business to cause or permit any other than a person licensed as a pharmacist to compound, dispense or sell at retail any drug, medicine or poison except as an aid to and under the immediate supervision of a person licensed as a pharmacist: Provided, however, that nothing in this section shall be construed to interfere with any legally registered practitioner of medicine in the compounding of his own prescriptions, nor with the exclusively wholesale business of any dealer who shall be licensed as a pharmacist or who shall keep in his employ at least one person who is licensed as a pharmacist, nor with the selling at retail of non-poisonous domestic remedies, nor with the sale of patent or proprietary preparations which do not contain poisonous ingredients, nor with the sale of poisonous substances which are sold exclusively for use in the arts or for use as insecticides when such substances are sold in unbroken packages bearing a label having plainly printed upon it the name of the contents, the word "Poison", the vignette of the skull and cross bones and the name of at least two readily obtainable antidotes: Provided, further, that in any village of not more than five hundred inhabitants the board of pharmacy may grant any legally registered practicing physician a permit to conduct a drug store or pharmacy in such village, which permit shall not be valid in any other village than the one for which it was granted, and shall cease and terminate when the population of the village for which such permit was granted shall become greater than five hundred: And provided further, that the board of pharmacy may, after due investigation, grant to any legally registered practicing physician in towns or villages of not more. than five hundred, and not exceeding six hundred inhabitants, a permit to conduct a drug store or pharmacy in such town or village subject to the provisions of this act.

23. Penalty for illegally assuming rights of pharmacist. Any person, not being licensed as a pharmacist, who shall conduct or manage any drug store, pharmacy or other place of business for the compounding, dispensing or sale at retail of any drugs, medicines or poisons, or for the compounding of physicians'

prescriptions contrary to the provisions of section four of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less than twenty-five dollars nor more than one hundred dollars, and each week such drug store or pharmacy or other place of business is so unlawfully conducted shall be held to constitute a separate and distinct offense.

24. Penalty for dispensing drugs contrary to law. Any person, not being licensed as a pharmacist, who shall compound, dispense or sell at retail any drug, medicine, poison or pharmaceutical preparation, either upon a physician's prescription or otherwise, and any person being the owner or manager of a drug store, pharmacy or other place of business, who shall cause or permit any one not licensed as a pharmacist to dispense, sell at retail or compound any drug, medicine or physician's prescription contrary to the provisions of section four of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty-five dollars nor more than one hundred dollars.

Laws, 1905, Public, p. 119 and 125.

ADULTERATION OF DRUGS.

3. Responsibility of druggists for quality of drugs sold. Every person who shall engage in the sale of drugs, chemicals and medicines shall be held responsible for the quality of all drugs, chemicals and medicines he may sell or dispense, with the exception of those sold in the original packages of the manufacturers, and also those known as "patent or proprietary medicines"; and should he intentionally adulterate, or cause to be adulterated, or exposed to sale, knowing the same to be adulterated, any drugs, chemicals or medical preparations, he shall be guilty of a misdemeanor and liable to a fine not exceeding one hundred dollars, and in addition thereto his name shall be stricken from the register of licensed pharmacists, provided he be a licensed pharmacist.

11. Prosecutions. Upon information that any provision of this act has been or is being violated, the secretary of the board of pharmacy shall promptly make investigations of such matters, and, upon probable cause appearing, shall file complaint and prosecute the offender. All fines and penalties prescribed in this act shall be recoverable by suit in the name of the people of the State. Laws, 1905, Public, p. 118 and 121.

SALE OF POISONS.a

20. Restrictions; label; record; provisos. It shall be unlawful for any persons to sell or deliver to any person any of the following described substances or any poisonous compound, combination or preparation thereof, towit: The compounds and salts of arsenic, antimony, lead, mercury, silver and zinc, oxalic and hydrocyanic acids and their salts, the concentrated mineral acids, carbolic acid, the essential oils of almonds, pennyroyal, tansy and savine, croton-oil, creosote, chloroform, chloral hydrate, cantharides, or any aconite, belladonna, bitter almonds, colchicum, cotton root, conium, cannabis indica, digitalis, hyocyamis, nux vomica, opium, ergot, cannabis stramonius, or any of the poisonous alkaloids or alkaloidal salts or other poisonous principles derived from the foregoing, or cocaine or any other poisonous alkaloids or their salts, or any other virulent poisons, except in the manner following: It shall first be learned by due inquiry that the person to whom delivery is made is aware of the poisonous character of the substance, and that it is desired for a lawful purpose, and the box, bottle or other package shall be plainly

a See also sec. 4, p. 140.

labeled with the name of the substance, the word "Poison," and the name of the person or firm dispensing the substance. And before a delivery is made of any of the following substances, to-wit, the compounds and salts of arsenic, antimony and mercury, hydrocyanic acid and its salts, strychnine and its salts, and the essential oil of bitter almonds, there shall be recorded in a book kept for that purpose the name of the article, the quantity delivered, the purpose for which it is required as represented by the purchaser, the date of delivery, the name and address of the purchaser, the name of the dispenser, which book shall be preserved for at least five years and shall at all times be open to the inspection of the proper officers of the law: Provided, however, that the foregoing provision shall not apply to articles dispensed upon the order of persons believed by the dispenser to be lawfully authorized practitioners of medicine or dentistry: And provided also, that the record of sale and delivery above mentioned shall not be required of manufacturers and wholesalers who shall sell any of the foregoing substances at wholesale; but the box, bottle or other package containing such substances, when sold at wholesale, shall be properly labeled with the name of the substance, the word " poison", and the name and address of the manufacturer or wholesaler: Provided further, that it shall not be necessary to place a poison label upon or to record the delivery of the sulphide of antimony or the oxide or carbonate of zinc, or lead, or of colors ground in oil and intended for use as paint, or Paris green, when dispensed in the original package of the manufacturer or wholesaler, or calomel, paregoric or other preparations of opium containing less than two grains of opium to the fluid ounce, nor in the case of preparations containing any of the substances named in this section when in a single box, bottle or other package, or when the bulk of two fluid ounces or the weight of two avoirdupois ounces does not contain more than an adult medicinal dose of such poisonous substance.

28. Penalty. Any person who shall sell or deliver to any person any poisonous substance specified in section twenty of this act without labeling the same and recording the delivery thereof in the manner prescribed in said section twenty shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty-five dollars nor more than one hundred dollars.

Laws, 1905, Public, p. 123 and 126.a

1. Regulation of sale of cocaine, morphine, etc. It shall be unlawful for any person, firm or corporation to sell by retail, or give away any cocaine, opium or morphine except upon the written prescription of a reputable practicing physician, except in cases of emergency and in the absence of a physician: which said prescription shall not be refilled unless so directed by the attending physician, except in cases of emergency and in the absence of a physician: Provided, that the provisions of this act shall not apply to sales at wholesale by any manufacturer or wholesale dealer who shall sell to the retail druggist, firm or corporation in original packages only, nor to sales of laudanum and paregoric, or other preparation containing not more than thirty per cent of cocaine, morphine or opium.

2. Penalty. Any person, firm, or corporation violating any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction shall be imprisoned not exceeding thirty days, or fined not exceeding fifty dollars. No veterinnary surgeon shall be allowed to prescribe for a human being or to sell, give away, or in any manner dispose of the drugs mentioned in this chapter except for the use of dumb animals.

Laws, 1905, Public, p. 104.

a The law of 1905 takes the place of the pharmacy law of 1881.

NORTH DAKOTA.

The State agricultural experiment station is charged with the enforcement of the pure drug law.

REGISTERED PHARMACISTS.

7280. Penalty for unlawfully acting as pharmacist. Every person who is not a registered pharmacist, or has not a registered pharmacist in his employ and who, either:

1. Takes, uses or exhibits, the title or certificate of a registered pharmacist; or,

2. Retails, compounds or dispenses medicine; or,

3. Permits the compounding or dispensing of prescriptions, or the vending of drugs, medicines or poisons in his store or place of business except under the supervision of a registered pharmacist; or,

4. Violates or fails or neglects to comply with and observe any provision of law relating to or regulating the practice of pharmacy; and every person who, 5. Willfully makes any false representation to procure registration as a pharmacist for himself or for any other person, is guilty of a misdemeanor, and upon conviction thereof.

Is punishable by a fine not exceeding fifty dollars. (Laws 1893, p. 196.)

7281. Exceptions. The provisions of the last section shall not be construed to interfere in any manner with the business of a physician in regular practice; nor to prevent such physician from supplying his patients with whatever he may deem necessary; nor to prevent him from receiving a certificate as a registered pharmacist as provided by law; nor to interfere with the making or compounding of proprietary medicines or medicines placed in sealed packages with the name of the contents and of the person by whom prepared or compounded; nor to prevent shop keepers from dealing in or selling the commonly used medicines and poisons, if such medicines or poisons are put up by a regular pharmacist; nor from dealing in and selling patent or proprietary medicines; nor to interfere with the exclusive wholesale business of any dealer. (Laws, 1893, p. 197.)

Revised Codes, 1899, p. 1455-1456.

SALE OF POISONS.a

7303. Regulations. No druggist, apothecary or other person dealing or trafficking in drugs or medicines, and no person employed as clerk or salesman by any apothecary or druggist, shall sell or give away any poison or poisonous substances, except to practicing physicians, in their ordinary practice of medicine, without recording in a book, to be kept for that purpose, the names of the person or persons receiving such poison, and his, her or their residence, excepting upon the written order or prescription of some practicing physician whose name must be attached to such order or prescription. No person shall sell,

a See also p. 146, secs. 4, 5, and 6.