PORTO RICO.

No officer is specifically charged with the enforcement of the pure drug law.

ADULTERATION OF DRUGS.

335. False labeling or substitution by druggist. Every apothecary, druggist, or person carrying on business as a dealer in drugs or medicines, or person employed as clerk or salesman by such person, who, in putting 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 an 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, or if death ensues, is guilty of a felony.

337. Fraudulent adulteration. Every person who adulterates or dilutes any articles of food, drink, drug, medicine, spirituous or malt liquor, or wine, or any article useful in compounding them, 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, is guilty of a misdemeanor.

338. Selling tainted drugs, etc. Every person who knowingly sells, or keeps or offers for sale, or otherwise disposes of any article of food, drink, drug, or medicine, knowing that the same has become tainted, decayed, spoiled, or otherwise unwholesome or unfit to be eaten or drunk, with intent to permit the same to be eaten or drunk, is guilty of a misdemeanor.

Revised Statutes and Codes, 1902, (Penal Code) p. 552–553.

15. Penalty for felony. Except in cases where a different punishment is prescribed by this Code every offense declared to be a felony is punishable by imprisonment in the penitentiary not exceeding five years.

16. Penalty for misdemeanor. Except in cases where a different punishment is prescribed by this Code every offense declared to be a misdemeanor is punishable by imprisonment in jail not exceeding two years, or by a fine not exceeding two hundred and fifty dollars, or by both.

Revised Statutes and Codes, 1902, (Penal Code) p. 471.

169

RHODE ISLAND.

The State board of registration in pharmacy is charged with the administration of the law relating to the sale of adulterated drugs, but is only authorized to act after complaint has been made.

REGISTERED PHARMACISTS.

1. Sales of drugs must be made under supervision of or by a registered pharmacist. No person, unless a registered pharmacist, or registered assistantpharmacist in the employ of a registered pharmacist, or unless acting as an aid under the immediate supervision of a registered pharmacist or a registered assistant-pharmacist, within the meaning of this chapter, shall retail, compound or dispense medicines or poisons, except as hereinafter provided.

7. Penalty. Every person, not a registered pharmacist, who shall keep open shop for the retailing and dispensing of medicines and poisons, or who shall take, use or exhibit the title of registered pharmacist, and every person who shall violate any of the provisions of this chapter shall, upon the first conviction, be fined fifty dollars and, upon the second and every subsequent conviction, shall be fined one hundred dollars; and all fines recovered shall enure, one-half thereof to the use of the state and one-half thereof to the use of the complainant: Provided, however, that in towns or parts of towns where there is no registered pharmacist within three miles, any person may sell the usual domestic medicines put up by a registered pharmacist and marked with his label; such person procuring annually a certificate from the state board of pharmacy therefor, and paying one dollar for such certificate.

8. Exceptions. Nothing hereinbefore contained shall apply to any practitioner of medicine who does not keep open shop for the retailing, dispensing or compounding of medicines or poisons, nor prevent him from administering or supplying to his patients such articles as he may deem fit and proper; nor shall it interfere with the making and dealing in proprietary medicines, popularly called patent medicines, unless such medicines be wholly or in part composed of some of the articles enumerated in Schedule A of this chapter, nor with the business of wholesale dealers in supplying medicines and poisons to registered pharmacists and physicians, and for use in the arts; nor shall it apply to such wholesale dealers in drugs and medicines in the trade on the twenty-sixth day of March, one thousand eight hundred and seventy-four, as the state board of pharmacy shall in their discretion deem suitable persons, and who shall keep and maintain in their employ one or more registered assistant-pharmacists, who shall have the sole charge and care of the compounding and dispensing of all medicines and poisons sold at retail.

General Laws, 1896, p. 461 and 463.

SALE OF POISONS.

9. Label; records. No person shall hereafter sell, either by wholesale or retail, any of the poisons enumerated in Schedule Aa of this chapter, without

a See sec. 10, p. 17, for schedule.

distinctly labeling the bottle, box, vessel or paper and wrapper or cover in which said poison is contained, with the name of the article, the word "poison and the name and place of business of the seller; and every registered pharmacist selling or dispensing any of said poisons shall first enter in a book, to be kept for that purpose only, and subject always to inspection by the state board of pharmacy or any officer or agent thereof or other proper authority, and to be preserved for at least five years, a record of the same in accordance with Schedule Ba of this chapter: Provided, that if any of said poisons form a part of the ingredients of any medicine or medicines compounded in accordance with the written prescription of a medical practitioner, the same need not be labeled with the word " poison"; but all prescriptions, whether or not composed in part or in whole of any of said ingredients, shall be carefully kept by the pharmacist on a file or in a book used for that purpose only and numbered in the order in which they are received or dispensed, and every box, bottle, vial, vessel or packet containing medicines so dispensed, shall be labeled with the name and place of business of the registered pharmacist so dispensing said medicine, and be numbered with a number corresponding with that on the original prescription retained by said pharmacist on such book or file. Such prescriptions shall be preserved at least five years and shall be open to the inspection of the writer thereof, and a copy shall be furnished free of expense whenever demanded by either the writer or the purchaser thereof.

General Laws, 1896, p. 463.

ADULTERATION OF DRUGS.

10. Penalty. Every person who shall knowingly adulterate, or cause to be mixed any foreign or inert substance with any drug or medicinal substance, or any compound medicinal preparation recognized by the pharmacopoeia of the United States or of other countries, as employed in medicinal practice, with the effect of weakening or destroying its medicinal power, or who shall sell the same knowing it to be adulterated, shall, in addition to the penalties prescribed in section seven hereof, forfeit to the use of the state all articles so adulterated found in his possession and shall be deprived of the right of practising as a pharmacist in this state thereafter. Whenever complaint shall be made of any violation of the provisions of this section, the state board of pharmacy, on being notified thereof, shall make investigation of the same, employing competent persons when necessary to make analysis of the articles alleged to be adulterated; and if such complaint shall be substantiated said board shall assist in making prosecution against the respondent.

Arsenic and its preparations.

Cotton Root and its preparations.

Corrosive Sublimate.

Cyanide of Potassium.

Ergot and its preparations.

Hydrocyanic Acid.

SCHEDULE A.

Opium and its preparations, paregoric excepted.

General Laws 1896, p. 464.

Oxalic Acid.
Savin.

Strychnia.

Volatile Oil of Bitter Almonds, of
Pennyroyal, of Savin and of Tansy.
Proprietary or secret medicines rec-
ommended, sold or advertised as
Emmenagogues and Parturients.

a Form in which record of poison sales must be kept.

1. Inspectors of saleratus, bicarbonate of soda and cream of tartar. The city council of Providence shall, and the town councils of the several towns may, appoint an inspector of saleratus, bicarbonate of soda and cream of tartar, for said city and towns respectively.

2. Duties of inspectors. Every inspector shall, whenever requested, test any of such articles which shall be presented to him for inspection, and shall give his certificate to any person applying therefor, whether said article be impure or adulterated, and for every such certificate he shall be entitled to the sum of two dollars.

3. Provisions as to analysis. Every inspector shall, whenever requested, make an analysis of any such article which may be presented to him for that purpose, and shall give his certificate to any person who shall apply therefor, of the result of such analysis, for which certificate he shall be entitled to the sum of ten dollars.

4. Penalty for selling an impure article. Every person who shall sell saleratus, bicarbonate of soda or cream of tartar, which has been adulterated and thereby rendered an impure article, shall be fined twenty dollars, together with the cost of testing and analyzing such impure article; one-half of said fine to the use of the city or town where such sale shall be made, and one-half thereof, together with the cost of testing and analyzing such impure article, to the use of the person who shall sue for the same.

General Laws, 1896, p. 443.

1. Certificate may be revoked for violation of law. Every certificate of registration hereafter granted under the provisions of this chapter (152) shall be granted upon the condition that the person registered will not violate or permit to be violated, upon the premises occupied by him thereunder, any of the provisions of this chapter or of chapters 92 or 102 of the General Laws, and every such certificate hereafter granted shall contain such condition written or printed upon the face thereof, and such certificate and the registration of the person named therein shall become and be null and void upon conviction of such person of any offence, under either of said chapters, committed upon the premises occupied by such registered person.

2. Board of pharmacy to enforce law. It shall be the duty of the board of registration in pharmacy to investigate all complaints of disregard, non-compliance with, or violation of the provisions of this chapter or of the provisions of Chapter 102 of the General Laws relating to druggists and persons licensed to sell medicines and poisons, and to bring all such cases to the notice of the proper prosecuting officers.

Public Laws, 1900-1, p. 262.

SOUTH CAROLINA.

The State board of health has authority to make regulations to facilitate the enforcement of the law and to conduct such analytical investigations as it may deem necessary.

REGISTERED PHARMACISTS.

1118. Pharmacists must be licensed.

Every pharmaceutist, apothecary and retail druggist, who has not been previously licensed according to law, who carries on and conducts the business of such occupation in this State must have a license therefor from one of the above named Board. [Board of Pharmaceutical Examiners.]

1120. Exceptions.

* * Provided, however, That outside of cities, towns

and villages, and in towns or villages of three hundred inhabitants or less, where there is no regular pharmacist, practicing physicians shall have the right to compound and sell medicines upon their obtaining a special license from said Board of Pharmaceutical Examiners and paying therefor a fee of five dollars.

Nothing in this article, however, shall be construed as intending to hinder or prohibit any physician lawfully engaged in the practice of his profession anywhere within this State from putting up his own prescriptions or dispensing his own medicines.

Code, 1902, vol. 1, p. 434-435.

302. Pharmacist must have license; penalty. Every pharmacist, apothecary or retail druggist who has not been previously licensed according to law who carries on and conducts the business of such occupation in this State must have a license therefor from the Board of Pharmaceutical Association of South Carolina; and any person who shall carry on and conduct the business of said occupations, or any of them, without such license shall be liable to indictment as for a misdemeanor, and on conviction subject to a fine not exceeding five hundred ($500) dollars or imprisonment not exceeding six months.

303. Prescriptions to be compounded only by licensed pharmacist. It shall not be lawful for the proprietor of any pharmaceutical shop to allow any person not qualified in accordance with the laws of this State regulating the licensing of apothecaries and the sale of drugs and medicines to dispense poison or compound the prescriptions of physicians; and any person who upon indictment for violation of this Section shall be convicted of the same shall pay a fine not exceeding five hundred dollars or suffer imprisonment for a period not more than six months.

304. Enforcement. The Pharmaceutical Association of the State of South Carolina is hereby authorized and directed to prosecute all persons violating the provisions of the two preceding Sections or any of them. In case any person convicted of violating any of the provisions of the same be punished by fine, one-half of said fine to be paid to the informer through whose agency such conviction shall be had.

Code, 1902, vol. 2, p. 332.