give away or dispose of any poisonous substance without attaching to the phial, box or parcel containing such poisonous substance a label with the word poison", printed or written upon it, in plain and legible characters.

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7304. Violation a misdemeanor. Any person violating any of the provisions of section 7303 shall be deemed guilty of a misdemeanor.

Revised Codes, 1899, p. 1460.

7282. Poisons must be properly labeled. Every person who, at retail, sells, furnishes or delivers to another, either:

1. Arsenic or its preparations, corrosive sublimate, white precipitate, red precipitate, biniodide of mercury, cyanide of potassium, hydrocyanic acid, strychnia and all other poisons, vegetable alkaloids and their salts, essential oil of bitter almonds, opium or its preparations, except paregoric and other preparations of opium with less than two grains to the ounce; or,

2. Aconite, belladonna, colchicum, conium, nux vomica, henbane, savin, ergot, cotton root, cantharides, creosote, digitalis and their pharmaceutical preparations, croton oil, chloroform, chloral hydrate, sulphate of zinc, mineral acids, carbolic acid and oxalic acid, without affixing to the bottle, box, vessel or package containing the same, the name of the contents, the word "poison", and his name and place of business, is guilty of a misdemeanor.

283. Exception. The provisions of the last section shall not be construed to include or apply to the dispensing of physicians' prescriptions specifying or containing poison.

7284. Record. Every person who, at retail, sells, furnishes or delivers to another any of the articles or preparations mentioned in section 7282 or any drug, chemical or preparation which according to the standard works on medicines or materia medica is liable, in quantities of sixty grains or less, to destroy adult human life, and who, either:

1. Fails or neglects, before delivering the same, to enter or cause to be entered in a book kept for that purpose, the date of sale, the name and address of the person to whom delivered or sold, the name, quantity and quality of the article or preparation delivered or sold, and the name of the dispenser; or,

2. Fails, neglects or refuses during business hours to exhibit such book and every part thereof, for inspection and to permit the same and every part thereof, upon demand, to be inspected by any physician, coroner, sheriff, constable or magistrate of the county.

Is guilty of a misdemeanor.

7285. Penalty. Every person convicted of any of the offenses mentioned in sections 7282 and 7284 is punishable by a fine of not less than five and not exceeding one hundred dollars. Laws 1890, p. 306.

Revised Codes, 1899, p. 1456.

ADULTERATION OF DRUGS.

7286. Adulteration a misdemeanor. Every person who knowingly, willfully a fraudulently, either:

1. Falsifies or adulterates or causes or permits to be falsified or adulterated, any drug, medicinal preparation authorized or recognized by any standard work on pharmacy, or used or intended to be used medicinally; or,

2. Mixes or causes or permits to be mixed with any such drug or medicinal preparation any foreign or inert substance for the purpose or with the intent

a So in Statutes.

of destroying or weakening its medicinal power or effect or of lessening its cost; or,

3. Sells, furnishes or delivers or causes or permits any such falsified or adulterated drug or medicinal preparation to be sold, furnished or delivered for medicinal purposes,

7309. Adulterating food or medicines a misdemeanor. Every person who adulterates or dilutes any article of food, drink, drug, medicine, strong, spirituous or malt liquor or wine, or any article useful in compounding either of them, whether one useful for mankind or for animals, with a fraudulent intent to offer the same, or cause or permit it to be offered for sale as unadulterated or undiluted, and every person who fraudulently sells or keeps or offers for sale the same as unadulterated or undiluted, knowing it to have been adulterated or diluted, is guilty of a misdemeanor.

Revised Codes, 1899, p. 1460.

6812. Penalty for misdemeanors.

Except in cases where a different punishment is prescribed by this code or by some existing provisions of law, every offense declared to be a misdemeanor is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment.

Revised Codes, 1899, p. 1388.

Every

7302. False labeling, substitution, adulteration, etc., a misdemeanor. apothecary or druggist, and every person employed as clerk or salesman by an apothecary or druggist, or otherwise carrying on business as a dealer in drugs or medicines, who, in putting up any drugs or medicines, willfully, 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 any drugs or medicines, 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 endangered, is guilty of a misdemeanor.

Revised Codes, 1899, p. 1459.

1. Adulteration prohibited. It shall be unlawful for any person, his agent or servant, or while acting as agent or servant of any other person or corporation to manufacture for sale, offer for sale, or sell within this state any drugs which is adulterated within the meaning of this act.

2. "Drug" defined. The term "drug" as used in this act shall include all medicines for internal or external use, antiseptics, disinfectants and cosmetics. 3. Adulteration defined. A drug shall be deemed to be adulterated: First. If, when sold under or by a name recognized in the United States pharmacopoeia, it differs from the standard of strength, quality or purity prescribed therein, unless the order therefor requires an article inferior to such standard, or unless such difference is made known or so appears to the purchaser at the time of the sale.

Second. If, when sold under or by a name not recognized in the United States pharmacopoeia, but which is found in some other pharmacopoeia or other stand

ard work on materia medica, it differs materially from the standard of strength, quality or purity prescribed in such work.

Third. If its strength, quality or purity falls below the professed standard under which it is sold.

Provided, That a drug or medicine shall not be deemed adulterated in the following case:

First. If the standard of strength or purity of any drug has been raised since the issue of the last edition of the United States pharmacopoeia, no prosecution relative to it shall be maintained until such change of standard has been published throughout the commonwealth.

4. Drugs and medicines to be labeled. Every proprietary product, drug, medicine or beverage containing more than 5 per cent of ethyl alcohol, or which contains chloral hydrate, ergot, morphine, opium or any of their compounds or derivates, cocaine or any of its salts, bromine, iodine, or any of their salts, shall be clearly labeled in black open gothic letters printed on a white background showing the name and percentage of each of the foregoing constituents, and said label shall be affixed to each and every package, carton, box or bottle in such a way as to be clearly seen.

5. Cocaine. No sale or gift of cocaine or of its salts shall be made or delivery thereof made in this state except upon the written prescription of a licensed physician.

6. Methyl alcohol prohibited. It shall be unlawful to sell, offer or expose for sale, or have in possession any preparation or product, intended for the use of man, either for internal or external purposes, which contains methyl alcohol or wood spirits."

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7. Physician's prescriptions exempt. Nothing in this act shall be so construed as to in any way interfere with the written prescription of any regularly licensed physician or with the filling of the same by a licensed druggist.

8. Penalty. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor and shall for the first offense be punished by a fine of not less than five dollars or more than one hundred dollars, and all necessary costs, including the expense of analyzing such adulterated articles when said person has been found guilty, under this act, and all such adulterated or misbranded articles may, by order of the court be seized and destroyed.

9. Duty of State's attorney. It shall be the duty of the attorney general and state's attorney to prosecute all persons violating any of the provisions of this act when the evidence thereof has been presented by the North Dakota government agricultural experiment station as provided for in sections 11 and 12 of this act.

10. The North Dakota experiment station to inspect and analyze drugs and medicines. The North Dakota government agricultural experiment station shall make analysis of drugs and medicines found on sale in North Dakota suspected of being adulterated, at such times and places and to such extent as it may determine, and may appoint such agent or agents as it may deem necessary for the enforcement of the provisions of this act, and such agent or agents shall have free access and egress, at all reasonable hours, for the purpose of examining into any place wherein it is suspected any drug or medicine adulterated with any deleterious or foreign ingredient or which falls below the standard of purity or where such ingredients exist, and such agent or agents, upon tendering the market price of said article, may take from any person, firm or corporation samples of any articles suspected of being adulterated as aforesaid.

11. Report of station. Whenever said station shall find by its analysis that adulterated drugs have been on sale in this state or that said drugs are in

violation of this act, it shall forthwith transmit the facts so found to the attorney general and state's attorney of the county in which said adulterated product was found.

12. Certificates as evidence. Every certificate duly signed and acknowledged by the chemist of the North Dakota government agricultural experiment station at Fargo relating to the analysis of any drug, drug products or medicines, shall be presumptive evidence of the facts therein stated.

13. Station to make annual report. The said station shall make an annual report to the governor upon the work done under this act and said report may be included in the report which said station is already authorized by law to make to the governor.

14. Date of taking effect. All goods coming into this state after July 1, 1905, shall be subject to the provisions of this act, while those goods within the state prior to that date shall be considered as exempt until Jan. 1, 1906.

Laws, 1905, p. 16.

DISTRIBUTION OF SAMPLES.

1. Restrictions. Any person who shall by himself, his servant or agent, or as the servant or agent of any other person, leave, throw, or deposit upon the doorstep or premises owned or occupied by another, or who shall deliver to any child under fourteen years of age, any patent or proprietary medicine or any preparation, pill, tablet, powder, cosmetic, disinfectant or antiseptic or any drug or medicine that contains poison, or any ingredient that is deleterious to health, as a sample, or in any quantity whatever for the purpose of advertising, shall be deemed guilty of a misdemeanor.

2. Definition of terms used. The terms drug, medicine, patent or proprietary medicine, pill, tablet, powder, cosmetic, disinfectant or antiseptic as used in this act, shall include all remedies for internal or external use, either in packages or bulk, simple, mixed or compounded.

3. Penalty. Whoever violates the provisions of section 1 of this act shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding one hundred dollars, nor less than twenty-five dollars, or imprisoned not exceeding one hundred nor less than thirty days, or both, for each and every violation.

Laws, 1903, p. 91.

OHIO.

The State dairy and food commissioner is authorized in a general way to inspect drugs and enforce the law prohibiting the sale of adulterated drugs.

REGISTERED PHARMACISTS.

4405. Exclusive rights defined; exceptions. It shall be unlawful for any person not a legally registered pharmacist to open, or conduct, any pharmacy, or retail drug or chemical store, either as proprietor or manager thereof, unless he shall have in his employ and place in charge of such pharmacy, or store, a legally registered pharmacist under the laws of this state. It shall be unlawful for any person, not a legally registered pharmacist, to compound, dispense, or sell any drug, chemical, poison, or pharmaceutical preparation, upon the prescription of a physician or otherwise; provided, however, that a legally registered assistant pharmacist may compound, dispense or sell, any such drug, chemical, poison, or pharmaceutical preparation when employed in a pharmacy or drug (store) which is under the supervision, management and control of a legally registered pharmacist. Provided also, that nothing in this section shall apply to, or in any manner interfere with the business of a physician, or prevent him from supplying to his patients such medicines as to him may seem -proper; nor with the making or vending of patent or proprietary medicines by any retail dealer, nor with the selling by any person of copperas, borax, blue vitriol, saltpeter, sulphur, brimstone, licorice, sage, juniper berries, senna ieaves, castor oil, sweet oil, spirits of turpentine, glycerine, glauber's salt, cream of tartar, bi-carbonate of sodium, quinine, rochelle salts, epsom salts, alum, camphor gum, oil of cinnamon, oil of lemon; nor prohibit any person from selling paregoric, essence of peppermint, essence of cinnamon, essence of ginger, hive syrup, syrup of ipecac, tincture of arnica, syrup of tolu, syrup of squills, spirits of camphor, number six, sweet spirits of nitre, compound cathartic pills, quinine pills, and other similar preparations when compounded by a legally registered pharmacist and put up in bottles and boxes bearing the label of such pharmacist or wholesale druggist, with the name of the article and directions for its use on each bottle or box; nor prohibit any person from selling paris green when put up in bottles or boxes, bearing the name of a legally registered pharmacist or wholesale dealer, and labelled as required by section 4364–54 of the Revised Statutes, nor with the exclusively wholesale business of any dealer. (Laws, 1884, p. 61.)

Bates' Annotated Statutes, 1897, p. 2350; as amended, Laws, 1900, p. 84.

4410. Regulations as to who shall compound prescriptions. No person not a qualified assistant, shall be allowed by the proprietor or manager of any retail drug or chemical store, to compound or dispense the prescriptions of physicians, except as an aid under the supervision of a registered pharmacist or his qualified assistant.