SALE OF POISONS.

1124. Record. Every pharmacist or other person selling any poison shall be satisfied that the purchase is made for legitimate purposes, and shall keep a book in which shall be recorded every sale of the following articles, viz.: arsenic and its preparations, all metallic cyanides and cyanides of potassium, tartar emetic, corrosive sublimate, aconite and its preparations, strychnine, and all other poisonous alkaloids and their salts, cantharides, ergot, hydrocyanic acid, the said record also to exhibit the name of the person to whom sold, place of his residence, and purpose of purchase as stated; which book shall be kept at all times subject to the inspection of the Coroner of the County and the solicitor of the said Association (State Pharmaceutical), or such other persons as either of them may designate.

1125. Labeling. All persons in this State engaged in business as pharmaceutists, apothecaries, or druggists, either in the wholesale or retail of drugs, shall, to every bottle, vial, box, or other package containing any poison named in the preceding Section, or any one or more of the following articles, viz.: oxalic acid, chloroform, belladonna and its preparations, opium and all its preparations except paregoric, digitalis and its preparations, henbane and its preparations, hemlock or conium, or any other article that may be added to this list by the Pharmaceutical Association of the State of South Carolina, securely attach a label, whereon shall be either printed or legibly written with red ink the name of the poison and the name of at least one antidote, with brief directions as to the mode of using the same: Provided, That nothing herein contained shall be construed to apply to the filling of prescriptions inade by regular physicians: And provided, further, That it shall be the duty of the Board of Pharmaceutical Examiners, on application at the time of registration, to furnish to the party registering a form of label for poisons.

1126. Exceptions. Nothing herein contained shall prevent merchants and shopkeepers from vending or exposing for sale medicines already prepared: Provided, Such merchants and shopkeepers shall attach to the article sold a copy of the label attached thereto by wholesale druggists, and in the sale of poisons shall comply with the provisions heretofore stated.

Code, 1902, vol. 1, p. 436.

ADULTERATION OF DRUGS.

318. Manufacture or sale prohibited; penalty. No person shall within this State manufacture, brew, distill, have, offer for sale, or sell, any articles of food, drugs, spirituous, fermented or malt liquors which are adulterated within the meaning of Section 1582 of the Civil Code, and any person violating this provision shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding fifty dollars, or by imprisonment not exceeding fifteen days, for the first offense, and not exceeding one hundred dollars or imprisonment for thirty days, or both, for each subsequent offense. 319. Penalty for hindering inspector. Whoever hinders, obstructs or in any way interferes with any inspector, analyst, or other officer appointed under the provisions of Section 1578 of the Civil Code, in the performance of his duty, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding one hundred dollars or imprisonment not exceeding sixty days. Acts 1898, p. 803 and 805.

Code, 1902, vol. 2, p. 336-337.

1578. Inspection. The State Board of Health shall take cognizance of the interests of the public health as it relates to the sale of food, drugs, spirituous, fermented and malt liquors, and the adulteration thereof, and make all necessary inquiries and investigations relating thereto, and for such purpose may appoint inspectors, analysts and chemists, who shall be subject to its supervision and removal. Within sixty days after February 19, 1898, the said State Board of Health shall adopt such measures as it may deem necessary to facilitate the enforcement thereof. It shall prepare rules and regulations with regard to the proper method of collecting and examining drugs, articles of food, and spirituous, fermented and malt liquors.

1579. Exempted articles. It shall be the duty of the State Board of Health to prepare and publish from time to time lists of the articles, mixtures or compounds declared to be exempt from the provisions of this Article in accordance with the preceding Section. The State Board of Health shall from time to time fix the limits of variability permissible in any article of food or drug, or compound, the standard of which is not established by any national Pharmacopoeia. 1580. Samples to be furnished on demand of analyst. Every person offering or exposing for sale, or delivering to a purchaser, any drug or article of food, or spirituous, fermented or malt liquors included under the provision of Section 1578, shall furnish to any analyst, or other officer or agent appointed hereunder, who shall apply to him for the purpose and shall tender to him the value of the same, a sample sufficient for the purpose of analysis of any such drug or article of food or drink which is in his possession.

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1581. Definition of drug. The term drug as used in Section 1578 shall include all medicines for internal or external use.

1582. Definition of adulteration. An article shall, be deemed adulterated: (a) In the case of drugs: 1. If, when sold under or by a name recognized in 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 United States Pharmacopoeia, but which is found in some other Pharmacopoeia or other standard work on Pharmacopoeia Materia Medica, it differs materially from the standard of strength, quality or purity laid down in such work. 3. If its strength or purity falls below the professed standard under which it is sold. * * * Acts 1898, p. 803–805.

Code, 1902, vol. 1 (Civil Code), p. 614-615.

SOUTH DAKOTA.

Each member of the board of pharmacy has charge of the enforcement of the drug and pharmacy law in a certain district which is assigned to him. All fines collected inure to the South Dakota Pharmaceutical Association.

REGISTERED PHARMACISTS.

279. Registered pharmacists only to dispense drugs; penalty; exceptions. It shall be unlawful for any person other than a registered pharmacist to retail, compound or dispense drugs, medicines or poisons or to open or to conduct any pharmacy or store for retailing, compounding or dispensing drugs, medicines or poisons unless such person shall be a registered pharmacist within the meaning of this article, except as herein provided; and any person not being a registered pharmacist within the meaning of this article who shall keep a pharmacy or store for retailing or compounding medicines or who shall take, use or exhibit the title of a registered pharmacist shall be deemed guilty of a misdemeanor and for each and every offense shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars upon conviction thereof. Any registered pharmacist who shall permit the compounding or dispensing of prescriptions, or the vending of drugs or poisons in his store or place of business except under the supervision of a registered pharmacist or except by a registered assistant pharmacist as herein provided; or any pharmacist or assistant who, while continuing in business shall fail or neglect to procure his annual registration, or any person who shall wilfully make any false representations to procure registration for himself or any other person, shall be deemed guilty of a misdemeanor and punished by a fine of not less than fifty dollars nor more than one hundred dollars upon conviction thereof. Provided, that nothing in this article shall apply to or in any manner interfere with the business of any physician or prevent him from supplying to his patients such articles as may seem to him proper, and, provided further, that no part of this section shall be so construed as to give the right to any physician to furnish any intoxicating liquors to be used as a beverage on prescription or otherwise. (Laws 1897, p. 257.)

Revised Codes, 1903, p. 51.

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SALE OF POISONS.

280. Labels; records; penalty; schedules. No person shall sell any poison named in schedule a by retail unless the box, bottle, wrapper or cover in which said poison is contained is distinctly labeled with the name of the article, the name and address of the person selling and the word "poison," and no person shall sell any poison named in schedule "b" to any person unknown to the seller, unless introduced by some person known to the seller, and on every sale the seller shall before delivery make entry on a book kept for that

purpose stating the date of sale, the name and address of the purchaser, the name and quantity of the article sold, the purpose for which it is required and the name of the person, if any, who introduced them. Any person failing to comply with the requirements of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than ten dollars nor more than twenty-five dollars for every such omission.

SCHEDULE "A."

Acetate of lead, paris green, oxalic acid, carbolic acid, chloral hydrate, chloroform, ether, sulphate of zinc, and other poisonous medicines fatal to human life in doses of from fifteen to sixty grains.

SCHEDULE "B."

Aconite, arsenic, belladonna, opium, (except in paragorica and Dover's powders) and their preparations, strychnine, corrosive sublimate, prussic acid, cyanide of potassium, nitrate a and sulphuric acids, tartar emetic and other poisonous medicines fatal to human life in doses of fifteen grains or less. (Laws 1893, p. 221–222.)

Revised Codes, 1903, p. 52.

461. Record; label. 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 name of the person or persons receiving such poison, and his, her or their residence, together with the name and residence of some person as a witness to such sale, 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, 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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462. Violation a misdemeanor. Any person violating any of the provisions of section 461 shall be deemed guilty of a misdemeanor.

463. Penalty for refusing to exhibit poison record. Every person whose duty it is by section 461 to keep any book for recording the sale or gift of poisons, who wilfully refuses to permit any person to inspect said book upon reasonable demand during business hours, is punishable by fine not exceeding fifty dollars. Revised Codes, 1903, p. 1149.

ADULTERATION OF DRUGS.

281. Druggist responsible for quality of products sold; penalty for adulteration. Every proprietor or conductor of a drug store shall be held responsible for the quality of all drugs, chemicals and medicines sold or dispensed by him, except those sold in the original packages of the manufacturer, and except those articles or preparations known as patent or proprietary medicines. Any person who shall knowingly, wilfully or fraudulently falsify or adulterate, or cause to be falsified or adulterated, any drug or medicinal substance, or any preparation authorized or recognized by any standard work on pharmacy, a So in Statutes.

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or used or intended to be used in medical practice; or shall mix or cause to be mixed with any such drug or medicinal substance any foreign or inert substance whatsoever for the purpose of destroying or weakening its medicinal power and effect, or of lessening its cost, and shall wilfully and knowingly or fraudulently sell or cause the same to be sold for medicinal purposes, shall be deemed guilty of a misdemeanor and upon conviction thereof shall pay a penalty not exceeding five hundred dollars, and shall forfeit to the State of South Dakota all articles so adulterated. (Laws 1887, p. 302.)

282. Penalty for neglect of duty by member of board of pharmacy. Any member of the board of pharmacy or officer therein provided for, who shall wilfully neglect any of the duties provided for in this article or who shall aid or abet any person in the evasion or violation of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than fifty dollars for each and every offense and any person violating any provision of this article shall be guilty of a misdemeanor and fined not less than fifty dollars, unless otherwise provided in this article. (Laws 1893, p. 221.)

284. Disposition of penalties. All penalties collected under the provisions of this article shall inure to the South Dakota Pharmaceutical Association. (Laws 1893, p. 222.)

Revised Codes, 1903, p. 52–53.

278. Adulteration of drugs prohibited. No person shall add to or remove from any drug, medicine, chemical or pharmaceutical preparation any ingredient or material for the purpose of adulteration or substitution, which will alter the nature or composition of such drugs or other preparation. Any person, who shall thus wilfully adulterate or alter, or shall sell or offer for sale any such adulterated or altered preparation or cause to be substituted one material for another with the intention to defraud or deceive the purchaser, shall be deemed guilty of a misdemeanor and be liable to prosecution under this article. (Laws 1893, p. 220.)

467. Manufacture or sale of adulterated articles a misdemeanor. Every person who adulterates or dilutes any article of food, drink, drug, medicine, strong, spirituous or malt liquor, cr wine, cr 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.

468. Sale of tainted or unwholesome articles a misdemeanor. 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 drank, with intent to permit the same to be eaten or drank by any person or animal, is guilty of a misdemeanor.

Revised Codes, 1903, p. 1149–1150.

14. Penalty for misdemeanor. 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, 1903, p. 1099.