4412. Penalty. Any person owning a pharmacy or retail drug or chemical store, who, in violation of the provisions of section four thousand four hundred and five of this act, causes or permits the same to be conducted or managed by a person not a registered pharmacist, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than twenty dollars, or more than one hundred dollars, and each week that he shall cause or permit such pharmacy, retail drug or chemical store to be so conducted or managed shall constitute a separate and distinct offense, and render him liable to a separate prosecution and punishment therefor; And for the violation of any of the provisions of section four thousand four hundred and ten, such proprietor or manager shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding fifty dollars for each and every offense, * * * provided, that nothing in this act shall

* * *

be so construed as to in any way affect the right to (of) any person to bring a civil action against any person referred to in this act, for any act or acts for which a civil action may now be brought. It shall be the duty of the Ohio board of pharmacy, upon application therefor being made to said board, to cause the prosecution of any person or persons violating any of the provisions of this act. (Law of 1884, as amended.)

Bates' Annotated Statutes, 1897, vol. 2, p. 2352.

SALE OF POISONS.

1. Regulations; label; record. It shall be unlawful for any person to knowingly sell or deliver to any minor under sixteen years of age, except upon the written order of an adult, or to sell or to deliver to any person, any of the following described substances, or any poisonous compound, poisonous combination or poisonous preparation thereof, to-wit: The compounds and salts of antimony, arsenic, chromium, copper, lead, mercury, zinc, the concentrated mineral acids, oxalic and hydrocyanic acids and their salts, yellow phosphorus, carbolic acid, the essential oils of almonds, penny royal, tansy and savin, croton oil, creosote, chloroform, chloral hydrate, cantharides, or any aconite, belladonna, bitter almonds, colchicum, cotton root, cocculus indicus, conium, cannabis, indica, digitalis, hyocyamus, ignatia, lobelia, nux vomica, opium, physostigma, phytolacca, strophanthus, stramonium, veratrum veride, or any of the poisonous alkaloids or alkaloidal salts or other poisonous principles derived from the foregoing, or any other poisonous alkaliods or their salts or any other virulent poison, 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 labeled with the name of the substance, "Poison", and the names of two or more substances which may be used as antidotes. And before delivery shall be made of any of the foregoing substances, 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 alleged to be used, the date of delivery, the name and address of the purchaser, and the name of the dispenser, which book shall be preserved for at least five years, and shall at all times be open to inspection by the proper officers of the law.

2. Exceptions. The provisions of section 1 of this act shall not apply to articles dispensed to or upon the order or prescription of persons believed by the dispenser to be lawfully authorized practitioners of medicine or dentistry

and 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 substance 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; nor shall it be necessary to place a poison label upon, nor to record the delivery of the sulfid of antimony, or the oxid or carbonate of zinc, or of colors ground in oil, and intended for use as paints, 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 section one of this act when a single box, bottle or other package, or when the bulk of one-half fluid ounce or the weight of one-half avoirdupois ounce, does not contain more than an adult medicinal dose of such poisonous substance; nor in case of preparations recommended in good faith for diarrhœa and cholera, when each bottle or package is accompanied by specific directions for use and a caution against habitual use; nor in the case of liniments and ointments when plainly labeled "For external use only." Nor in the case of preparations put up and sold in the form of pills, tablets or lozenges and intended for internal use, where the dose recommended does not contain more than of an adult medicinal dose of such poisonous substance.

3. Restrictions on sale of cocaine and morphine. It shall be unlawful for any person to dispense, sell or deliver to any person, any salts of cocaine, morphine, or its salts, or any of the alkaloids or salts of alkaloids of opium, except upon the written prescription of a legally qualified physician, or dentist, such prescription not to be refilled, except upon the written order of the (person) prescribing the same; except, however, that sulphate of morphine may be sold by a registered pharmacist or assistant pharmacist in original packages containing not less than one-eighth ounce when registered in accordance with the provisions of section one of this act.

4. Penalty. The penalty for the violation of any of the provisions of any section of this act shall not be less than ten dollars nor more than fifty dollars for each separate offense.

Laws, 1902, p. 280.

1. Sale of cocaine restricted. Whoever sells, barters or gives away any quantity of cocaine, except upon the prescription of a physician, duly licensed under the laws of the state of Ohio, or sells, barters or gives away any quantity of cocaine to any person or persons without having first marked the word "poison" upon the label or wrapper containing the same and registered in a book to be kept by him or her for that purpose, the day and date on which it is sold, bartered or given away, the name and address of the physician who prescribed the same, the quantity thereof, the name, age, sex and color of the person obtaining the same, the purpose for which it is required and the name and place of abode of the person or persons for which the same is intended, shall be fined not more than five hundred dollars nor less than fifty dollars, but the provisions of this act do not extend to any person, persons, firm or corporation engaged in selling drugs and medicines at wholesale to sell any quantity of cocaine to another person, persons, firm or corporation engaged in selling drugs or medicines at wholesale or retail, in accordance with the laws governing such business.

Laws, 1902, p. 145.

ADULTERATION OF DRUGS.

1. Adulteration prohibited. No person shall, within this state, manufacture for sale, offer for sale, or sell any drug or article of food 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. 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 seventh decennial revision of 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 seventh decennial revision of the United States Pharmacopoeia but which is found in some other pharmacopoeia, or other standard work on meteria a medica, it differs materially from the standard of strength, quality, or purity laid down in such work; (3) if, its strength, quality or purity falls below the professed standard under which it is sold. * * *

4. Sample may be demanded for analysis. Every person manufacturing, offering or exposing for sale, or delivering to a purchaser, any drug or article of food included in the provisions of this act, shall furnish to any person interested, or demanding the same, who shall apply to him for the purpose, and shall tender him the value of the same, a sample sufficient for the analysis of any such drug or article of food which is in his possession.

5. Penalties. Whoever refuses to comply, upon demand, with the requirements of section four, and whoever violates any of the provisions 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. And any person found guilty of manufacturing, offering for sale or selling an adulterated article of food or drug under the provisions of this act, shall be adjudged to pay, in addition to the penalties hereinbefore provided for, all necessary costs and expenses incurred in inspecting and analyzing such adulterated articles of which said person may have been found guilty of manufacturing, selling or offering for sale. Laws 1884, p. 67.

Bates' Annotated Statutes, 1897, p. 2228; as amended, Laws, 1904, p. 116.

10626. Depositing poison in thoroughfares. Whoever leaves or deposits any poison, or any substance containing poison, in any common, street, alley, lane, or thoroughfare of any kind, or any yard or inclosure other than the yard or inclosure occupied by such person, shall be fined not more than fifty nor less than five dollars, or imprisoned not more than thirty nor less than five days, or both, and shall be liable to the person injured for all damages sustained thereby.

Laning's Revised Statutes, 1905, p. 2101.

ADULTERATION OF LIQUORS WITH POISONS.

7082. Penalty. Whoever adulterates, for the purpose of sale, any spirituous, alcoholic or malt liquors used or intended for drink, or medical or mechanical purposes, with cocculus-indicus, vitriol, grains of paradise, opium, alum, capsi

a So in Laws.

cum, copperas, laurel water, logwood, Brazil-wood, cochineal, sugar of lead, aloes, glucose, tannic acid, or any other substance which is poisonous or injurious to health, or with any substance not a necessary ingredient in the manufacture thereof; and whoever sells, or offers or keeps for sale any such liquors so adulterated, shall be fined in any sum not less than twenty nor more than one hundred dollars, or be imprisoned not less than twenty, nor more than sixty days, or both, at the discretion of the court. And any person guilty of violating any of the provisions of this section, shall be adjudged to pay, in addition to the penalties hereinbefore provided for, all necessary costs and expenses incurred in inspecting and analyzing any suclr adulterated liquors of which said party may have been guilty of adulterating, or selling, or keeping for sale or offering for sale.

7083. Use of active poison in manufacture of liquor. Whoever uses any active poison in the manufacture or preparation of any intoxicating liquor, or sells in any quantity any intoxicating liquor so manufactured or prepared, shall be imprisoned in the penitentiary not more than five years, nor less than one year.

Bates' Annotated Statutes, 1897, p. 3239.

6949. Branding of liquor; penalty. Whoever, being engaged in the manufacture and sale of intoxicating liquors, fails to brand on each package containing the same the name of the person or company manufacturing, rectifying, or preparing the same, and also the words " containing no poisonous drugs, or other added poison," shall be fined not more than one thousand dollars, and imprisoned not more than six months nor less than one month.

Bates' Annotated Statutes, 1897, p. 3194.

OKLAHOMA.

There are no special provisions for the enforcement of the law regulating the sale of adulterated drugs.

REGISTERED PHARMACISTS.

2889. Registered and assistant pharmacists only to dispense drugs. It shall hereafter be unlawful for any person other than a registered pharmacist, or assistant pharmacist as hereinafter defined, to retail, compound or dispense drugs, medicines or pharmaceutical preparations in the Territory of Oklahoma, or to institute, conduct or manage a pharmacy, store or shop for the retailing, compounding or dispensing of drugs, medicines or pharmaceutical preparations in said Territory of Oklahoma, unless such person shall be a registered pharmacist, as this act provides, or shall place in charge of said pharmacy, store or shop, a registered pharmacist, except as hereinafter provided.

2891. Provisions as to assistant pharmacists. "Assistant pharmacists" in the meaning of this act, shall comprise all persons regularly registered as licentiates in pharmacy in the Territory of Oklahoma for the year ending July 1, 1897, who have been authorized to assist in the dispensing and compounding of physicians' prescriptions under the supervision of a properly qualified person; and all persons over eighteen years of age, having two years practical experience in the compounding and dispensing of physicians' prescriptions, who shall pass such examination as the territorial board of pharmacy shall require. Assistant pharmacists shall not be permitted to conduct or manage a pharmacy on their own account, or assume the management of such business for others. 2898. Penalty. Any person who is not a registered pharmacist in the meaning of this act, who shall keep a pharmacy, store, or shop, for the compounding and dispensing of physician's prescriptions, and who shall not have in his employ, in said pharmacy, store, or shop, a registered pharmacist, in the meaning of this act, shall, for each and every offense, be liable to a fine not less than twenty-five dollars nor more than two hundred dollars.

2900. Penalty for compounding of prescriptions by unlicensed employees ; exceptions. Any proprietor of a pharmacy, or other person, who shall permit the compounding and dispensing of physician's prescriptions or the vending of drugs, medicines or pharmaceutical preparations in his store or place of business, except by a registered pharmacist, or assistant pharmacist in the meaning of this act, or under the immediate supervision of one, or who, while continuing the pursuit of pharmacy in the Territory of Oklahoma, shall neglect to procure his annual registration, or any person, who shall wilfully make any false representations to procure for himself, or for another, registration under this act, or who shall violate any other provision of this act, shall, for each any a every offense, be liable to a fine of one hundred dollars: Provided, That nothing in this act shall interfere with the business of those merchants who keep on sale

a So in Statutes.