460. Mistake in filling order or in labeling, a misdemeanor. Every 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 and medicines, who, in putting up any 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.

Revised Codes, 1903, p. 1149.

TENNESSEE.

The several grand juries are specifically charged with the investigation of violations of the law prohibiting the adulteration of drugs.

REGISTERED PHARMACISTS.

3635. Exclusive right defined; exceptions. It shall be unlawful for any person not a registered pharmacist within the meaning of this chapter, to open or conduct any pharmacy or retail drug or chemical store as proprietor thereof, unless he shall have in his employ and place in charge of such pharmacy or retail drug or chemical store, a registered pharmacist within the meaning of this chapter, who shall have the supervision and management of that part of the business requiring pharmaceutical skill and knowledge; or to engage in the occupation of compounding or dispensing medicines, or prescriptions of physicians, or of selling at retail for medical purposes, any drugs, chemicals, poisons, or pharmaceutical preparation, within this state, until he has complied with the provisions of this chapter; but nothing in this section shall apply to, or in any manner interfere with, the business of any physician, or prevent his supplying to his patients such articles as may seem to him proper; or with the making of patent or proprietary medicines; or with the selling, by any store, of copperas, camphor, borax, blue vitriol, saltpeter, sulphur, brimstone, licorice, sage, quinine, juniper berries, senna leaves, castor oil, spirits of turpentine, sweet oil, glycerine, Glauber's salts, Epsom salts, cream of tartar, bicarbonate of sodium, and of such domestic remedies as paregoric, essence of peppermint, essence of cinnamon, essence of ginger, hive sirup, sirup of ipecac, tincture of arnica, sirup of tolu, sirup of squills, spirits of camphor, number six, sweet spirits of nitre, compound cathartic pills, and other similar preparations, when compounded by a regular pharmacist or wholesale druggist, and put up in bottles and boxes bearing the label of such pharmacist or wholesale druggist, with the name of the article and direction for its use on each bottle or box, or with the exclusively wholesale business of any dealer.

3649. Regulations as to who may compound physicians' prescriptions. No person not a qualified assistant shall be allowed by the proprietor or manager of a retail drug or chemical store to compound or dispense the prescriptions of a physician except as an aid under the supervision of a registered pharmacist or his qualified assistant.

3651. Penalty. Any person owning a pharmacy, retail drug or chemical store, who, in violation of the provisions of section 3635, causes or permits the same to be conducted 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 nor 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 subject to a separate prosecution and punishment therefor. A person violating the provisions of section 3640-3642, 3645 and 3646, relating to registration, or failing to conspicuously expose such certificate

of registration, 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; and for the violation of any of the provisions of section 3650, such assistant pharmacist 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. All fines assessed for the violation of any of the provisions of this chapter, shall be placed in the hands of the secretary of the board of pharmacy, to meet the necessary and legitimate expenses of the Tennessee Board of Pharmacy. Nothing in this chapter shall be so construed as to in any way affect the rights of any person to bring a civil action against any person referred to in this chapter, or for any act or acts for which a civil action may be brought. It shall be the duty of the Tennessee Board of Pharmacy, upon application being made to said board, to cause the prosecution of any person or persons violating any of the provisions of this chapter.

Code 1896, p. 850.

SALE OF POISONS.

10. Conditions of retail trade. It shall not be lawful for any person to retail any poisons enumerated in schedules "A" and "B" (sections 10c and 10d) appended to this act, unless on inquiry it is found that the purchaser is aware of its poisonous character, and that it is to be used for a legitimate purpose; nor to sell such poisons to any person under the age of sixteen years, except upon the written order of some responsible adult person.

10a. Labels; record; exceptions. Nor shall it be lawful for any person to sell or deliver any of the poisons enumerated in said schedules "A" and "B" (sections 10c and 10d) without first labeling the box, bottle, vessel, or package containing such article with the common name of said poison, with the word "poison," and the name and place of business of the seller. Nor shall it be lawful for any person to sell any poison mentioned in said schedule "A" (section 10c), without, before delivering the same to the purchaser, causing an entry to be made in a book to be kept for the purpose, which book shall be kept open to the inspection of the proper authorities, stating date of sale, name and address of purchaser, name and quantity of poison sold, and the name of the dispenser. But they are hereby exempted from the registration of the sale of such articles when sold at wholesale, or to a registered pharmacist or registered assistant pharmacist. But the provisions of this section (sections 1010d) shall not apply to the dispensing of poisons on prescriptions of physicians or veterinary surgeons, put up by registered pharmacists or registered assistant pharmacists, or dispensed by a physician or veterinary surgeon in his regular practice.

10b. Penalty. Any person violating the provisions of this section (sections 10-10d) shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than twenty nor more than one hundred dollars, and in the discretion of the court, may be imprisoned not less than one month and not more than six months in addition to said fine.

10c. Schedule "A." Schedule "A." Arsenic, aconite, belladonna, corrosive sublimate, hydrocyanic acid, cyanide potassium, strychnia and its salts, cocaine and its salts, phosphorous, oil bitter almond, cotton root and its preparations, ergot and its preparations, oil tansy, oil savin, cantharides, and its tincture. 10d. Schedule "B." Schedule "B." Carbolic acid, tincture iodine, oxalic acid, the mineral acids, digitalis and its preparations, colchicum, conium, nux vomica,

a So in Code.

morphine and its preparations, tully powder, chloral, croton oil, opium and its liquid preparations (except those containing less than two (2) grains to the fluid ounce), and all other deadly poisons.

Supplement to Code, 1903, p. 635–636.

1. Sale of cocaine. It shall be unlawful for anyone to sell, barter, or give away cocaine, or any compound thereof, in this state; provided, however, that this shall not apply to the sale of cocaine or compound thereof by a druggist upon prescription of physician, provided that no prescription calling for cocaine or compound thereof shall be filled more than one time; provided, that the provisions of this act shall not apply to wholesale druggists in supplying the trade, or retail druggists supplying dentists or physicians.

2. Penalty. The violation of this act shall, upon conviction, be punished by fine of not less than $100, and not more than $500, or punishment by imprisonment in the county jail or workhouse for a period of time not less than thirty days, nor more than six months, or both, in the discretion of the court.

Supplement to Code, 1903, p. 842.

ADULTERATION OF DRUGS.

3652. Adulteration and substitution prohibited; adulteration defined; penalty; jurisdiction. No person shall add to or remove from, or cause to be added to or removed from, any drug, chemical, or medical preparations, any ingredient or material for the purpose of adulteration or substitution, or which shall deteriorate the quality, commerccial value, or medicinal effect, or alter the nature or composition of such article, and no person shall knowingly or willingly sell or offer for sale, any such adulterated, altered or substituted drug, chemical, or medicinal preparation. A drug, chemical, or medicinal preparation shall be deemed to be adulterated within the meaning of this act :

1. If, when sold under, or by, a name recognized by the United States Pharmacopoeia, or subsequent editions thereof, it differs from the standard of strength, quality, or purity laid down therein.

2. If, when sold under, or by, a name not recognized by the United States Pharmacopœia, or other standard work on materia 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. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than twenty, nor more than one hundred dollars for each offense.

The Grand Jury shall have inquisitorial power to investigate violations of this Act, and the Circuit and Criminal Judges shall give said law in charge to the Grand Juries in their respective districts. (Acts, 1897, p. 224; Acts, 1905, p. 184.)

Supplement to Code, 1903, p. 634.

1. Substitution in physicians' prescriptions unlawful. It shall be unlawful for any corporation, firm, or person, or any combination or association of corporations, firms, or persons engaged in the business of buying, compounding, and selling drugs and medicines, to substitute any drug or medicine in lieu or stead of that given to the patient by the physician on the face of his prescription.

2. Act applies to employees and agents. It shall be unlawful for any agent or employee of such person, firm, or corporation, association, or combination of

persons, firms, or corporations, engaged in the business of buying and selling drugs in this state, to substitute any medicine for the specific medicine mentioned in the physician's prescription.

3. Penalty. Any person, firm, or corporation, violating the provisions of this act, or aiding or abetting the violations of the same, shall be guilty of a misdemeanor, and upon conviction, shall be fined not less than $25, nor more than $100 for each and every offense.

Supplement to Code, 1903, p. 823.

ADULTERATION OF LIQUORS WITH POISONS.

6744. Prohibition; penalty. It shall be a felony:

(1). To adulterate spirituous or vinous liquors by the use of strychnine or poisonous liquids or ingredients.

(2). To sell by wholesale or retail any spirituous or vinous liquors, knowing the same to be adulterated by or with strychnine or poisonous liquids or ingredients; and any person convicted thereof shall be imprisoned in the penitentiary not less than one nor more than five years; and the grand jury may have power to send for persons or papers in cases where they may be of opinion that any person or persons have been guilty of violating any of the provisions of this article.

Code, 1896, p. 1646.