VIRGINIA.

The State board of pharmacy, which is charged with the enforcement of the law regulating the sale of adulterated drugs, has been unable for several years to carry out its provisions, owing to the fact that no funds have been available for this purpose.

REGISTERED PHARMACISTS.

1759. Conduct of drug stores; exemptions. It shall not be lawful for any person not a registered pharmacist to open or control as proprietor any retail drug or chemical store, or pharmaceutical department thereof, in this State, unless he shall have in his employ and place in charge of such store or pharmacy, or in the pharmaceutical department thereof, 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. And it shall not be lawful for any person to engage in the business or occupation of compounding or dispensing medicines on prescriptions of physicians or otherwise, or to sell at retail any drugs, chemicals, poisons or pharmaceutical preparations within this State, without first obtaining a certificate of registry as provided in this chapter: provided, nothing in this section shall apply to, or in any manner interfere with the regular practice of any physician or veterinary surgeon, or prevent him from supplying to his patients such articles as he may deem proper, unless such physician or veterinary surgeon keep open shop for the dispensing of such articles, or with the making or vending of patent or proprietary medicines by any retail dealer in the original packages, or with the manufacture or the exclusive wholesale business of any dealer: and provided, further, that nothing in this act shall prevent or interfere with any retail druggist or drug company or their employees from selling, compounding, dispensing or manufacturing in the regular course of business any patent or proprietary medicines, or such other pharmaceutical preparations, chemicals, drugs, or articles as are patent or proprietary and provided, further, that in rural districts and in towns having a population of fifteen hundred or less, any physician regularly licensed under the laws of Virginia may act as a pharmacist without examination but subject to such registration and renewal as is provided for in this act.

1760. Provisions as to assistant pharmacists. A registered assistant pharmacist within the meaning of this chapter shall be a clerk or assistant in a retail drug or chemical store or pharmaceutical department who shall have obtained a certificate as such registered assistant pharmacist from the board of pharmacy under the provisions of this chapter; and it shall be unlawful for such registered assistant pharmacist to supervise, manage, or take charge of any pharmacy or retail drug or chemical store or pharmaceutical department except that during the temporary absence of the registered pharmacist, who is proprietor or manager thereof, he may act in the place of the said registered pharmacist: provided, that said temporary absence shall not in any

one case exceed six consecutive days and that the total temporary absence of such proprietor or manager shall not in the aggregate exceed the period of thirty days in any year; and it shall be unlawful for any registered assistant pharmacist to engage in the occupation of compounding or dispensing medicines on prescriptions of physicians or otherwise, or of selling at retail for medicinal purposes any drugs, chemicals, poisons, or pharmaceutical preparations except, when engaged or employed in a pharmacy or retail drug or chemical store or pharmaceutical department which is in charge of and is under the supervision and actual management of a registered pharmacist. No person not registered as pharmacist or assistant pharmacist shall be allowed by the proprietor or manager of any retail drug or chemical store or pharmaceutical department to compound or dispense the prescriptions of physicians except as in aid under the supervision of a registered pharmacist or registered assistant pharmacist, who shall be present in the said pharmacy or pharma ceutical department at the time.

Code (Pollard), 1904, vol. 1, p. 924.

SALE OF POISONS.

1764. Restrictions; schedules; exceptions; penalty. It shall not be lawful for any person, having authority to sell or dispense medicines or poisons, to retail, except upon prescription of a regularly licensed physician, dentist or veterinary surgeon, morphine and its preparations, opium and its preparations, containing a higher percentum of opium than laudanum prepared in accordance with formula provided by the pharmacopoeia of the United States of America; and the druggist filling said prescription shall take and file and not refill the same, nor shall such person or persons retail any poison enumerated in the following schedules "A" and "B" without distinctly labeling the bottle, box, vessel, or paper in which said poison is contained with the name of the article and the word Poison" and the name and place of business of the seller; and, in addition thereto, at least two of the most readily obtainable effective antidotes to such poisonous article.

SCHEDULE "A."

Arsenic and its preparations, corrosive sublimate, biniodide of mercury, cyanide of potassium, hydron-cynic a acid, strychnine and its salts, and essential oil of bitter almonds.

SCHEDULE "B."

Aconite, belladonna, nux vomica, savin, ergot, cotton root, cantharides, digitalis, colchicum, conium, henbane, and their pharmaceutical preparations; creosote, croton oil, carbolic acid, oxalic acid, white and red precipitate, and all other deadly poisons.

Nor shall it be lawful for any person to sell or deliver any poisons mentioned in the said schedules "A" and "B," unless it be found, upon due inquiry, that the purchaser is aware of its poisonous nature and represents that it is to be used for a legitimate purpose, nor to any person under sixteen years of age, except upon the written order of some responsible adult person.

Nor shall it be lawful for any person to sell any poison mentioned in schedule "A" without, before delivering the same to the purchaser, causing an entry to be made in a book, to be kept for that purpose, always open to the inspection of the proper officers of the law, stating the date of sale, name and

a So in Statutes; hydrocyanic probably meant.

address of purchaser, name and quantity of poison sold, purpose for which it is required, as represented by the purchaser, and name of the dispenser.

The provisions of this section shall not apply to the dispensing of poisons in usual doses 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: provided, further, that no cocaine shall be sold in this State by any person other than a regular druggist or phamarcist. No druggist or pharmacist shall sell or furnish cocaine to any person other than a licensed physician, surgeon, dentist, druggist or pharmacist. Any such druggist violating this act shall be fined not less than twenty-five nor more than one hundred dollars for each offence. Be it enacted further, that any person furnishing or causing to be furnished morphia or any other drug to a person who is an habitue and under treatment or having been under treatment for same shall be subject to the penalty imposed by this act. (Acts 1904, p. 296.)

Code (Pollard), 1904, vol. 1, p. 927.

ADULTERATION OF DRUGS.

3812. Penalty. If any person fraudulently or knowingly adulterate, for the purpose of sale, any drug or medicine, or any article of food or drink, with any substance that may be injurious to health, or with barytes or any substance intended to increase the weight or quantity of such food or drink, he shall be confined in jail not exceeding one year, and fined not exceeding five hundred dollars; and the adulterated articles shall be forfeited and destroyed. (Acts 1885-6, p. 496.)

Code (Pollard), 1904, vol. 2, p. 2036.

1765. Exceptions. None of the provisions of this chapter except those contained in sections seventeen hundred and sixty-three and seventeen hundred and sixty-four shall prevent the sale by merchants of quinine, epsom salts, castor oil, essence of peppermint and other flavoring preparations, calomel, camphor, iodide, bromide and chlorate of potassa, opium, paregoric, and sweet oil, and such other domestic and proprietary medicines as are usually kept by retail dealers; but the sale of laudanum, morphine, and proprietary medicines must be in original packages as obtained from druggists.

1766. Penalties. * * * Any person violating any of the provisions of section seventeen hundred and sixty-four, or who refuses to comply upon demand with the requirements thereof, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than ten nor more than one hundred dollars or imprisonment not exceeding thirty days, or both; and any person found guilty of violating the provisions of section seventeen hundred and sixty-four shall be adjudged to pay, in addition to the penalties hereinbefore provided for, all necessary cost and expense incurred in inspecting and analyzing such adulterated articles which said persons may have been found guilty of manufacturing, selling, or offering for sale; and in addition thereto, if he be a registered pharmacist or registered assistant pharmacist, his name shall be stricken from the register. In all prosecutions under this chapter the board of pharmacy of the state of Virginia shall be constituted the informer, and one half the fines imposed by this section shall go to the said board of pharmacy and the other half to the commonwealth.

Code (Pollard), 1904, vol. 1, p. 928-929.

DISTRIBUTION OF SAMPLES.

3814a. Restrictions; penalty. It shall be unlawful for any person, firm, or corporation to throw or place, or cause to be thrown or placed, in any yard, hall, porch, doorway or vestibule in this State, any sample or sample package of medicine without permission from the owner or occupant of such premises. Nothing in this act shall be so construed as to prevent any person, firm, or corporation from delivery of samples or sample packages of medicine, if said delivery is made direct to the owner or occupant of any house, or to any person over twelve years of age. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than five nor more than fifty dollars.

Code (Pollard), 1904, vol. 2, p. 2038.

WASHINGTON.

There are no special provisions for the enforcement of the law regulating the adulteration of drugs. One-half of the fines collected inure to the State board of pharmacy.

REGISTERED PHARMACISTS.

1. Drugs must be dispensed by registered pharmacist. It shall hereafter be unlawful for any person to compound or dispense drugs, medicines or poisons, or to institute any pharmacy, store, or shop for wholesaling or retailing, compounding or dispensing drugs, medicines or poisons, unless such person shall be a registered pharmacist or shall place in charge of said pharmacy, store or shop a registered pharmacist, except as hereinafter provided.

13. Penalty. Any person not a registered pharmacist, and not having in his employ a registered pharmacist within the full meaning of this act, who shall retail, compound or dispense medicines, or who shall take, use or exhibit the title of registered pharmacist, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in any sum not to exceed fifty dollars. Any person who shall permit the compounding and dispensing of prescriptions, or vending of drugs, medicines or poisons in his store or place of business, except under the supervision of a registered pharmacist, or any registered pharmacist or shopkeeper registered under this act while continuing in business, who shall fail or neglect to procure annually his renewal of registration, or any person who shall willfully make false representations or to procure registration for himself or any other person, or who shall violate any of the provisions of this act willfully and knowingly, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not to exceed fifty dollars; Provided, That nothing in this act shall operate in any manner to interfere with the business of any physician in regular practice, or to prevent him from supplying to his patients such medicines as he may deem proper, nor with the making or selling of proprietary medicine or medicines, placed in sealed packages, nor with the exclusive wholesale business of any dealer, except as hereinafter provided, nor prevent shopkeepers from dealing in and selling the commonly used medicines and poisons or patent and proprietary medicines, if such medicines and poisons are sold in the original package of the manufacturer, or in packages put up by a registered pharmacist. Laws, 1899, p. 216 and 221.

Ballinger's Codes and Statutes, Supplement (Mahan), 1903, p. 334 and 338.

SALE OF POISONS.

15. Record; label; exception. The proprietor of every drugstore shall keep in his place of business a registry book, in which shall be entered an accurate record of all sales of mineral acids, carbolic acid, oxalic acid, hydrocyanic acid, potassium cyanide, arsenic and its preparations, corrosive sublimate, red precipitate, preparations of opium (except paregoric), phosphorus, nux vomica