3817. Licenses to be issued only to physicians and druggists. No license shall be issued by the county clerk of any county to any person authorizing him or her to have in stock, or to sell or give away to any person, opium or any of the drugs named above in sections 3815 and 3816, except regularly qualified physicians who keep a stock of drugs and medicines for their own use in prescription and regularly qualified druggists.

3818. What sales permitted only on prescription. No person shall give away or sell opium, morphine, eng-she or cooked opium, hydrate of chloral, or cocaine, except to those who present a prescription for the same from a physician or a regularly qualified pharmacist; and the party selling shall sell and deliver only the quantity and the kind named in the prescription. The seller shall retain the prescription, and keep it open for public inspection.

3819. Person prescribing must register and present diploma; proviso. No physician or pharmacist shall prescribe the use of opium, morphine, eng-she or cooked opium, hydrate of chloral, or cocaine, unless he or she shall previously have registered with the county clerk of the county wherein he or she resides and practices his or her profession his or her name and address, the name and location of the institute of which he or she is a graduate, and the date of his graduation. He or she shall also exhibit his or her diploma in evidence to the county clerk, or a certificate from a board of pharmacy, if there be one in the county: Provided, That all physicians who have been engaged in the practice of medicine in this state for the period of two (2) years preceding the passage of this act shall, if they so desire, be excused from presenting their diploma.

3820. Prescription must be for disease and in fit quantities. Physicians or pharmacists shall not prescribe for any person the use of opium, morphine, eng-she or cooked opium, hydrate of chloral, or cocaine, except for the cure of disease, and he or she shall prescribe only in such cases and in such quantities as are recognized by medical scientists as proper and fit.

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3821. Record of prescription. Physicians or pharmacists who prescribe opium or any of the drugs above named shall keep a record, which shall be open to public inspection, of all cases in which they have prescribed opium, or any of the above-named drugs, stating the date of the prescription, the name and residence of the patient, the disease for which he or she prescribed, and how much and how often the patient was instructed to use the medicine prescribed containing any of the above-named drugs. 3822. " Physician" and "pharmacist" defined. The word 'physician," as used in this act, shall be understood to mean any person who has graduated at a recognized school of medicine, and who has a diploma therefrom. The word “pharmacist," in this act, shall be understood to mean any person who has graduated at a recognized school of pharmacy, and who has a diploma therefrom, or has a certificate from a board of pharmacy if there be one in his county; if there be none, then he or she shall satisfactorily prove to the county clerk that he or she has had not less than four years' practical experience in the drug business.

3823. Penalties. Any person who violates any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty dollars ($50) nor more than two hundred and fifty dollars ($250), or by imprisonment in the county jail for not less than thirty (30) days nor more than ninety (90) days, or by both fine and imprisonment, at the discretion of the court.

3824. Justices have jurisdiction. Justices of the peace shall have jurisdiction of offenses declared in this act.

3825. Fines paid to school fund. All moneys for convictions under this act shall be given to the common school fund of the district where the conviction has been had. Laws 1887, p. 87-89.

Codes and Statutes (Bellinger and Cotton), 1902, p. 1287–1289.

1991. Restricting sale of opium. It shall be unlawful to sell or give away opium, or any preparation of which opium is the principal medicinal agent,. to any person except druggists and practicing physicians, except on the prescription of a practicing physician, written in the English or Latin language; and the druggist filling such prescription shall keep the same on file for one year, subject to be inspected by any public officer of the state.

Codes and Statutes (Bellinger and Cotton), 1902, p. 698.

ADULTERATION OF DRUGS.

3811. Liability for quality of drugs sold. Every registered pharmacist, apothecary, and owner of any store shall be held responsible for the quality of all drugs, chemicals, or poisons he may sell or dispose of, with the exception of those sold in original packages of the manufacturer, and also those known as proprietary and patent medicines, and should he knowingly intermingle and fraudulently adulterate, or cause to be adulterated, or knowingly substitute in a physician's prescription any drugs, chemicals, or medical preparations he shall be deemed guilty of a misdemeanor, and upon conviction thereof be liable to a penalty not exceeding one hundred dollars, and in addition thereto his name shall be stricken from the register. (Laws 1891, p. 160.)

Codes and Statutes (Bellinger and Cotton), 1902, p. 1285.

2120. Injurious adulteration; penalty. If any person shall adulterate for the purpose of sale any drug or medicine, in such manner as to render the same injurious to health, or shall knowingly sell or offer for sale any such adulterated drug or medicine, such person, upon conviction thereof, shall be punished in the manner provided in section 2118, (by imprisonment in the county jail not less than three months nor more than one year, or by fine not less than fifty nor more than five hundred dollars) and such adulterated drugs or medicines shall be forfeited and destroyed.

2121. Unwholesome medicines; penalty. It shall be unlawful for any person or persons to sell or exchange, any unwielesome, unclean, tainted, or diseased foods or medicines of any kind whatever.

2122. Penalty. Whoever violates any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail not less than thirty days nor more than six months. Justices' courts shall have jurisdiction in all cases arising under this act.

2123. Innocent purchasers of adulterated products exempt; conditions. If any person or persons shall have purchased foods, drinks, medicines, or fertilizers, believing them to be pure and unadulterated, which shall prove by analysis or tests to be adulterated, such person or persons shall not be deemed to be guilty under this act: Provided, that such person or persons pay to the state dairy and food commissioner the sum of ten dollars in case of analysis or five dollars for each test made by him to determine the quality of such foods, drinks, medicines, or fertilizers, as the case may be, and who shall, after being

informed of such adulteration, at once mark the same as required by section 2121; all moneys collected by the commissioner for making analysis shall be paid by the commissioner to the state agricultural college for making tests, to be credited to the state, and become a part of the state appropriation to defray the expenses of the enforcement of this act. Laws 1893, p. 99–100.

Codes and Statutes (Bellinger and Cotton), 1902, p. 734.

3780. Spices and extracts, when impure, must be labeled. All spices and fluid extracts sold or offered for sale in this state, if not pure, shall be labeled 'adulterated," with the percentage of adulteration.

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3786. Provisions for analyses. It shall be the duty of the chemist of the State Agricultural College to correctly analyze any and all substances the said (Dairy and Food) commissioner may send him for the purposes of carrying out the provisions of this act, and the certificate of analysis of said chemist, duly signed by him, shall be prima facie evidence in all courts of justice: Provided however, that the testing of milk and cream shall be done by the dairy and food commissioner, and the certificate of said commissioner as to any such test, duly signed by him, shall be prima facie evidence in all courts of justice of the facts therein stated.

3787. Inspection authority of commissioner. The said commissioner, and such experts and chemists or agents as he shall duly authorize for the purpose, shall have access to, egress and ingress to all places of business, factories, stores, farm buildings, carriages, cars, vessels, and implements used in the manufacture, production, or sale of any food, drinks, medicines, or fertilizers; and they shall also have the power and authority to open any package, case, or vessel containing such articles which may be manufactured, sold, or exposed for sale, and any manufacturer, dealer, hotel or restaurant keeper shall deliver to the commissioner or his deputy any sample of food, drinks, medicines, or fertilizers for analyzing or testing, upon a tender of the price thereof in money.

3791. Penalties. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars, or be imprisoned in the county jail not less than thirty days nor more than six months. Justice's courts shall have concurrent jurisdiction of all cases arising under this act. Laws 1901, p. 262-264.

Codes and Statutes (Bellinger and Cotton), 1902, p. 1274–1276.

3767. Sale of adulterated articles not plainly marked unlawful. No person or persons shall sell or expose for sale or exchange, or have in his or their possession for sale or exchange, any adulterated food, drink, medicine, or fertilizer, unless the same shall be plainly marked so as to establish its true character and distinguish it from a pure article of food, drink, medicine, or fertilizer. 3768. Adulteration defined. An article of food or drink or medicine shall be deemed to be adulterated within the meaning of this act when:

1. Any substance or substances have been mixed with it so as to reduce or lower or injuriously affect its quality or strength;

2. If any inferior or cheaper substance or substances have been substituted wholly or in part for it;

3. If any valuable constituent has been wholly or in part abstracted from it; 4. If it is an imitation of or is sold under the name of another article;

5. If it is colored, coated, powdered, or polished whereby damage is concealed,

or if it is made to appear better, or of greater value as compared with the total solids, than it really is * *. Laws 1901, p. 258.

*

Codes and Statutes (Bellinger and Cotton), 1902, p. 1270.

27587-No. 98-06- -11

PENNSYLVANIA.

The State pharmaceutical examining board may have analyses made of drugs alleged to be adulterated and may institute prosecutions in case sufficient evidence is found.

REGISTERED PHARMACISTS.

1. Registered pharmacist only to compound and vend drugs; penalty. Hereafter no person whomsoever, shall open or carry on, as manager in the state of Pennsylvania any retail drug or chemical store, nor engage in the business of compounding or dispensing medicines or prescriptions of physicians, or of selling at retail any drugs, chemicals, poisons or medicines without having obtained a certificate of competency and qualification so to do from the state pharmaceutical examining board, and having been duly registered as herein provided; but it shall be lawful for the widow or legal representatives of a deceased person, who was a manager and registered pharmacist, to carry on or continue the business of such deceased pharmacist: Provided, That the actual retailing, dispensing or compounding of medicines or poisons to be done only by an assistant, qualified and registered as herein provided. Any person who shall violate or fail to comply with the provisions of this section, shall be guilty of a misdemeanor, and on conviction before any court shall be punished by a fine not exceeding one hundred dollars. (Laws 1891, p. 313.)

12. Restrictions of pharmacy act not to apply to physicians in their regular practice. No person shall hereafter engage as manager in the business of an apothecary, or pharmacist, or of retailing drugs, chemicals and poisons, or of compounding and dispensing the prescriptions of physicians, either directly or indirectly, without having obtained such certificate as aforesaid. But nothing contained in this act shall in any manner interfere with the business of any practitioner of medicine, nor prevent him from administering or supplying to his patients such articles as to him may seem fit and proper, nor shall it interfere with the making and dealing in proprietary remedies, popularly called patent medicines, nor prevent storekeepers from dealing in and selling the commonly used medicines and poisons, if such medicines and poisons conform in all respects to the requirements of section nine [Note: Sec. 17 as quoted below from Digest]: Provided, The provisions of section ten (Secs. 19 to 22 incl., as given below) of this act be fully complied with.

13. Penalty. Any person who shall violate or fail to comply with the provisions of this section, shall be guilty of a misdemeanor, and on conviction before any court shall be punished by a fine not exceeding one hundred dollars, or be imprisoned in the county jail of the proper county for a term not exceeding one year or either, or both, at the discretion of the court.

16. Prescriptions must be compounded only by or under the supervision of a registered pharmacist. No person shall be allowed, by the proprietor or manager of any store or place where prescriptions are compounded, to compound or dispense the prescriptions of physicians except under the immediate supervision of said proprietor or his qualified assistant, unless holding a properly

certified certificate of registration or competency from the state pharmaceutical examining board, as herein provided; and any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding one hundred dollars. Laws 1887, p. 192.

Brightly's Purdon's Digest, 1894, vol. 1, p. 108-110.

SALE OF POISONS.

330. Regulations and restrictions. No apothecary, druggist or other person, shall sell or dispose of, by retail, any morphia, strychnia, arsenic, prussic acid or corrosive sublimate, except upon the prescription of a physician, or on the personal application of some respectable inhabitant of full age, of the town or place in which such sale shall be made; and in all cases of such sale, the word "poison" shall be carefully and legibly marked or placed upon the label, package, bottle or other vessel or thing in which such poison is contained; and when sold or disposed of, otherwise than under the prescription of a physician, the apothecary, druggist or other person selling or disposing of the same, shall note in a register, kept for that purpose, the name and residence of the person to whom such sale was made, the quantity sold, and the date of such sale; any person offending herein, shall be guilty of a misdemeanor, and on conviction, be sentenced to pay a fine, not exceeding fifty dollars. (Laws 1860, p. 401.)

Brightly's Purdon's Digest, 1894, vol. 1, p. 529.

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19. A poison" defined. A poison in the meaning of this act shall be 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.

20. Containers of poisons shall be suitably labeled. No person shall sell at retail any poisons, except as herein provided, without affixing to the bottle, box, vessel or package containing the same, a label, printed or plainly written, containing the name of the article, the word “poison," and the name and place of business of the seller, nor shall he deliver poison to any person without satisfying himself that such poison is to be used for legitimate purposes.

21. Record of sales of certain poisons to be kept. It shall be the further duty of any one selling or dispensing poisons, which are known to be destructive to adult human life in quantities of five grains or less, before delivering them, to enter in a book kept for this purpose the name of the seller, the name and residence of the buyer, the name of the article, quantity sold or disposed of, and the purpose for which it is said to be intended, which book of registry shall be preserved for at least two years, and shall at all times be open to the inspection of the coroner or courts of the county in which the same may be kept.

22. Physicians' prescriptions and insecticides excepted; penalty. The provisions of this section shall not apply to the dispensing of physicians' prescriptions, specifying poisonous articles, uor to the sale to agriculturalists of such articles as are commonly used by them as insecticides. Any person failing to comply with the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than five nor more than fifty dollars for each and every offense.

23. Provisions for enforcement. It shall be the duty of the state pharmaceutical examining board to investigate all complaints and charges of non