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of bitter almonds, containing hydrocyanic acid, opium and its preparations, except paragorica and such others as contain less than two grains of opium to the ounce.

Schedule B. Aconite, belladonna, cantharides, colchicum, conium, cotton root, digitalis, ergot, hellebore, henbane, phytolacca, strophanthus, oil of tansy, veratrum veride and their pharmaceutical preparations, arsenical solutions, carbolic acid, chloral-hydrate, chloroform, corrosive sublimate, creasote,a croton oil, mineral acids, oxalic acid, Paris green, salts of lead, salts of zinc, white hellebore or 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. Every person who shall dispose of or selle at retail or furnish any poisons included in schedule A, shall, before delivering *** the same, make or cause to be made in a book kept for that purpose, stating the date of sale, the name and address of the purchaser, the name and quantity of the poison, the purpose for which it is represented by the purchaser to be required, and the name of the dispenser, such book to be always open for inspection by the proper authorities, and to be preserved for at least five years after the last entry. He shall not deliver any of said poisons without satisfying himself that the purchaser is aware of the poisonous character and that the said poison is to be used for legitimate purpose. The foregoing portions of this section shall not apply to the dispensing of medicines or poison on physicians' prescriptions. Wholesale dealers in drugs, medicines, pharmaceutical preparations or chemicals shall affix or cause to be affixed to every bottle, box, parcel or outer enclosure of an original package containing any of the articles enumerated in schedule A of this act, a suitable label or band in red ink with the word POISON upon it. The Board of Pharmacy shall have authority to add to either of the above schedules from time to time, whenever it shall deem such action necessary for the protection of the public. This article shall not apply to the practice of a practitioner of medicine who is not the proprietor of a store for the dispensing or retailing of drugs, medicines and poisons or who is not in the employ of such a proprietor and shall not prevent practitioners of medicine from supplying their patients with such articles as they may deem proper, and except as to the labeling of poisons it shall not apply to the sale of medicines or poisons at wholesale when not for the use or consumption of the purchaser or to the sale of Paris green, white hellebore and other poisons for destroying insects or any substance for use in the arts, or to the sale by merchants, of ammonia, bi-carbonate of soda, borax, cream of tartar, dye stuffs, essence of ginger, non-poisonous flavoring essence or extracts, licorice, olive oil, and sal soda, except as herein provided: provided, however, that merchants and retail dealers may sell, in original packages properly labeled, all such medicines and pharmaceutical preparations as bear the name of the manufacturer and are required by the general public.

Revised Statutes, 1898, p. 419, as amended, Laws 1903, p. 42.

ADULTERATION OF DRUGS.

1725. Proprietors responsible for quality of drugs. The proprietors of all pharmacies shall be held responsible for the quality of all drugs and chemicals sold or dispensed at their respective places of business, except patent and proprietary preparations and articles sold in the original packages of the manufacturer.

Revised Statutes, 1898, p. 419.

a So in Statutes.

4282. Omitting to label or mislabeling drugs; prescriptions. 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 up 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.

Revised Statutes, 1898, p. 911.

4065. Penalty for misdemeanor when not otherwise prescribed; corporations. Except in cases where a different punishment is prescribed by law, every offense declared to be a misdemeanor is punishable by imprisonment in a county jail not exceeding six months, or by a fine in any sum less than three hundred dollars, or by both. In all cases where a corporation is convicted of an offense for the commission of which a natural person would be punishable as for a misdemeanor, and there is no other punishment prescribed by law, such corporation is punishable by a fine not exceeding one thousand dollars.

Revised Statutes, 1898, p. 877.

1726. Standard; alteration a misdemeanor. Unless otherwise prescribed for or specified by the customer, all pharmaceutical preparations sold or dispensed in a pharmacy, dispensary, store or place, shall be of the standard strength, quality and purity established by the last edition of the United States Pharmacopoeia. Any person who shall wilfully adulterate or alter, or cause or permit to be adulterated or altered, any drug, medicine or pharmaceutical preparation, or shall sell or offer for sale any such adulterated or altered article and any person who shall substitute one material for another with the intent to defraud or deceive the purchaser, shall be guilty of a misdemeanor. All penalties collected for such violation shall be paid to the said board of pharmacy to be held by it as hereinbefore directed.

Revised Laws, 1898, p. 419, as amended, Laws 1903, p. 42.

VERMONT.

The State board of health has authority to make such rules as it may deem necessary to facilitate the enforcement of the law regulating the sale of adulterated drugs. The only difficulty met with in the work is the lack of a sufficient appropriation.

REGISTERED PHARMACISTS.

4662. False representations as to rights to sell drugs and compound physicians' prescriptions. It shall be unlawful for any person, not licensed as a pharmacist within the meaning of the provisions of this chapter to practice pharmacy, or to display any sign, emblem or other device, or to advertise or to indicate in any manner that the said person or person's place of business is used for the purpose of a pharmacy, drug or chemical store, apothecary shop, or other place of business for the retailing, compounding or dispensing of any drugs, chemicals or poisons, or for the compounding of physicians' prescriptions, or to expose for sale at retail any drugs, chemicals or poisons, unless such place of business shall be conducted, managed or controlled by a licensed pharmacist, in accordance with the provisions of this act.

4663. Term "practice of pharmacy" construed. The term "practice of pharmacy" as used in this chapter shall be construed to mean the compounding of physicians' prescriptions and the preparations of ingredients therefor; but nothing in this chapter shall be construed to be applied to the business of a practitioner of medicine, nor to prevent the practitioner of medicine from supplying their patients with such medicines as they deem proper; nor to those who sell medicines or poisons at wholesale only; nor to the manufacture or sale of patent or proprietary medicines; nor to the sale, not on prescription, of drugs, medicines and poisons. Nothing in this chapter shall be so construed as to prohibit the employment in any pharmacy of apprentices or assistants for the purpose of being instructed in the practice of pharmacy, but such apprentices or assistants shall not be permitted to prepare or dispense physicians' prescriptions, nor to sell or furnish poisons, except in the presence of and under the personal supervision of a licensed pharmacist. The provisions of this chapter shall not apply to the sale of insecticides nor any substances for use in the arts.

Laws 1904, p. 180-181.

SALE OF POISONS.

5077. Record; fines. A person who sells arsenic, strychnia, corrosive sublimate, prussic acid, or chloroform, without the written prescription of a physician, shall keep a record of the date of such sale, the article, the amount thereof sold, and the person to whom delivered; and for each neglect shall be

a So in Statutes.

fined not more than one hundred dollars. If a person purchases such articles and gives a false name to the seller, he shall be fined not more than fifty dollars.

Statutes, 1894, p. 905.

13. Records open for inspection. Every apothecary, druggist, or other person who sells any arsenic, corrosive sublimate, nux vomica, strychnine, morphine, opium, cocaine, carbolic acid or prussic acid, or its salts, shall make a record of such sale in a book kept for that purpose, specifying the kind and quantity of the article sold, and the time when, and the name of the person to whom such sale is made, which record shall be open to all health officers, members of the state board of health and state officials who may wish to examine the

same.

14. Penalty. If a person violates the provisions of the preceding section, he shall be fined not more than one hundred dollars.

15. Physicians' prescriptions excepted from provisions of section 13. The two preceding sections shall not apply to legally qualified practitioners of medicine, nor to their prescriptions or recipes to their patients.

Laws, 1904, p. 200.

ADULTERATION OF DRUGS.

5076. Injurious adulteration; penalty; forfeiture. A person who fraudulently adulterates, for the purpose of sale, a drug or medicine, so as to render it injurious to health, or sells the same knowing it to be adulterated, shall be imprisoned in the state prison not more than two years, or fined not more than four hundred dollars; and such adulterated drugs or medicines shall be forfeited and destroyed under the direction of the court.

Statutes, 1894, p. 905.

1. Sale unlawful. No person shall sell, or offer for sale, any adulterated drug or substance to be used in the manner of medicine, or any adulterated article of food or substance to be used in the manner of food or drink, for man or domestic animals.

2. Definition of adulteration.

If any drug or substance used for medicine sold under a name recognized by the United States pharmacopoeia or in some other pharmacopoeia, or other standard work of materia medica, differs materially from the standard of strength, quality or purity laid down in such work, or contains less of the active principle than is contained in the genuine article, weight for weight, or falls below the professed standard under which it is sold, it shall be deemed to be adulterated within the meaning of this act.

4. Penalty. Whoever fraudulently adulterates for the purpose of sale any article of food or drink, drug or medicine, or knowingly sells any fraudulently adulterated article of food or drink, drug or medicine, or any kind of diseased or unwholesome provisions as defined in this act, shall be imprisoned not exceeding one year, or fined not more than four hundred dollars.

5. Samples shall be furnished to health officers for analysis. Every person offering or exposing for sale any drug or article of food within the meaning of this act, shall furnish to any member of the state board of health, or any local health officer, who shall apply to him for the same and tender him its value in money a sample sufficient for the purpose of the analysis of such drug or article of food.

7. Penalty for hindering health officer. Whoever hinders, obstructs, or in any way interferes with any member of the state board of health or any local health officer in the performance of his duties under this act, shall be fined not more than fifty dollars for the first offense, and for each subsequent offense shall be fined one hundred dollars.

8. Duplicate sample shall be delivered to defendant. Before commencing the analysis of a sample, the analyst shall reserve a portion, which shall be sealed; and in case of a complaint or indictment, part of the reserved portion of the sample alleged to be adulterated shall, upon application, be delivered to the defendant or his attorney, and part to the secretary of the state board of health. 18. State board of health to regulate enforcement of law. The State board of health shall, as soon as may be after this act takes effect, adopt such rules and regulations, not inconsistent with existing laws, as it deems necessary to facilitate the enforcement of the provisions of this act, and for the collecting and examining of drugs, foods, liquors, and candy, articles of clothing, fabrics, wall paper or anything containing poisonous pigments or substances whereby the health of any person may be injured. Said board shall cause said rules and regulations to be printed in pamphlet form for distribution, shall furnish to each local health officer a sufficient number of copies to supply the members of the local board of health and all practicing physicians in such town, and furnish to each town clerk a sufficient number of copies for distribution under the provisions of law as to the distribution of the acts and resolves of the general assembly; and it shall be the duty of said local health officers and town clerks to distribute the same. Any violation of any such rule or regulation made under the provisions of this act, shall be punished by a fine of not more than five hundred dollars.

19. Penalty. If any person violates any of the provisions of this act, for which no penalty is hereinbefore provided, he shall be fined not more than one hundred dollars and not less than fifty dollars.

22. Duty of State board of health to make complaint. It is hereby made the duty of the state board of health, or agent thereof, to bring to the notice of the proper prosecuting officer any violation of any United States statute for preventing the adulteration or misbranding of food or drugs.

Laws, 1904, p. 198-202.

ADULTERATION OF LIQUORS AND POISONS.

9. Penalty. Whoever adulterates, for the purpose of sale, any liquor used or intended for drink, with cocculus indicus, vitriol, grains of paradise, opium, alum, capsicum, copperas, laurel-water, logwood, Brazil wood, cochineal, sugar of lead, or any other substance which is poisonous or injurious to health, or knowingly sells any such liquor so adulterated, shall be imprisoned not exceeding one year, or be fined not more than one thousand dollars.

Laws, 1904, p. 199.

27587-No. 98-06-13

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