and strychnine, aconite, belladonna, hellebore and their preparations, croton oil, oil of savin, oil of tansy, creosote, wines, and spirituous or malt liquors, and such other dangerously poisonous drugs, chemicals and medicinal substances as may from time to time be designated by the state board of pharmacy, upon a recommendation to them to that effect by the Washington state pharmaceutical association. Printed notice of all such additions to the poisons named and provided for in this section shall be given to all persons registered under this act with the next following renewal of their certificate thereafter. Said record shall state quantity purchased, the date, for what purpose used, buyer's name and address, and said record at all times during business hours shall be subject to the inspection of the prosecuting attorney or any authorized agent of the board of pharmacy: Provided, that no such wines, spirituous or malt liquors shall be sold for any other than medical, scientific, mechanical or sacramental purposes, and no other license shall be necessary under any law of the state for pharmacists to make said sale in compliance with the provisions of this act. All poisons shall be plainly labeled as such and that such label shall also bear the name and address of the manufacturer if said poison is in the original package of the manufacturer, if otherwise that of the druggist putting up or selling the same. The provisions of this section shall not apply to dispensing under physicians' certificates. (Laws 1899, p. 222.) Ballinger's Codes and Statutes, Supplement (Mahan), 1903, p. 339.

ADULTERATION OF DRUGS.

14. Proprietors of drug stores responsible for quality of drugs. Every proprietor of a wholesale or retail drug store shall be held responsible for the quality of all drugs, chemicals or medicines sold or dispensed by him except those sold in original packages of the manufacturer and except those articles or preparations known as patent or proprietary medicines. Any person who shall knowingly, willfully or fraudulently falsify or adulterate any drug or medicinal substance or preparation authorized or recognized by the Pharmacopoeia of the United States or used or intended to be used in medical practice, or shall willfully, knowingly or fraudulently offer for sale, sell or cause the same to be sold for medical purposes shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine in any sum not less than seventy-five nor more than one hundred and fifty dollars or by imprisonment in the county jail for a period of not less than one month nor more than three months, and any person convicted a third time for violation of any of the provisions of this section may suffer both fine and imprisonment. In any case he shall forfeit to the state of Washington all drugs or preparations so falsified or adulterated. (Laws 1899, p. 222.)

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

WEST VIRGINIA.

It is the duty of the State board of pharmacy to investigate alleged sales of impure drugs, but no appropriation is made for such investigations, and on this account the law can not be enforced. One-half the fines collected for violations inure to the board of pharmacy.

REGISTERED PHARMACISTS.

1. In charge of drug stores. It shall be unlawful for any person not a registered pharmacist, or who does not employ as his salesman a registered pharmacist, within the meaning of this act, to conduct any pharmacy, drug store, apothecary shop or store for the purpose of retailing, compounding or dispensing medicines or poisons for medical use, except as hereinafter provided.

2. Sole right to dispense prescriptions and poisonous drugs. It shall be unlawful for the proprietor of any store or pharmacy to allow any person except a registered pharmacist to compound or dispense the prescriptions of physicians, or to retail or dispense the poisons named in schedules “A” and “B” herein, for medical use, except as an aid to, and under the supervision of a registered pharmacist.

8. May sell all medicines and poisons. Apothecaries registered as in this act provided, shall have the right to keep and sell, under such restrictions as herein provided, all medicines and poisons, authorized by the National, American or United States dispensatory and pharmacopoeia, as of recognized utility.

10. No person, not a registered pharmacist, shall conduct a drug store. No person shall procure, or attempt to procure, registration for himself or for another, under this act, by making or causing to be made, any false representations; nor shall any person, not a registered pharmacist, as provided in this act, conduct a store, pharmacy, or place for retailing, compounding or dispensing drugs, medicines or chemicals for medicinal use, or for compounding or dispensing physicians' prescriptions, or take, use or exhibit the title of a registered pharmacist.

11. Exceptions. This act shall not apply to physicians putting up their own prescriptions, nor to the sale of patent, proprietary medicines and such other ordinary drugs and dyestuffs as are usually sold in a country store. The term "ordinary drugs" shall not be held to include any of the poisons named in schedules "A" and "B," nor any intoxicating liquors.

Code, 1899, p. 991-994.

SALE OF POISONS.a

9. Regulations; schedules; record; penalty. No druggist or registered pharmacist shall retail any of the poisons enumerated in the following schedule, except as hereinafter provided:

SCHEDULE A.

Arsenic and its preparations, corrosive sublimate, white precipitate, red precipitate, biniodide of mercury, cyanide of potassium, hydrocyanic acid, strychnia, and all other poisonous vegetable alkaloids and their salts, essential

a See also secs. 1, 2, and 8.

oil of bitter almonds, opium and its preparations, except paregoric and other preparations of opium containing less than two grains to the ounce.

SCHEDULE B.

Aconite, belladonna, colchicum, conium, nux vomica, henbane, savin, ergot, cotton root, cantharides, creosote, digitalis, and their pharmaceutical preparations; croton oil, chloroform, chloral hydrate, sulphate of zinc, sulphate of copper, ascetate a of lead, mineral acids, carbolic acid and oxalic acid. When ever any of the said poisons are sold, the box, vessel or paper in which the same is put up, shall be distinctly labeled with a device bearing the death's head and cross-bones, and also the name of the article, and the name and place of business of the seller. The seller shall also ascertain, upon due inquiry, that the purchaser is aware of the poisonous character of the drug, and that it is to be used for legitimate and lawful purposes. He shall also, before delivering any of the poisons named in Schedule A to the purchaser, cause an entry to be made in a book kept for the purpose, which entry shall show the date of the sale, the name and residence of the purchaser, the name and quantity of the poison sold, the purpose for which it is to be used as represented by the purchaser, and the name of the dispenser; such book to be always subject to the inspection of the proper authorities, and to be preserved for at least five years from the date of the last entry. The provisions of this section shall not apply to the dispensing of drugs in not unusual quantities on the prescriptions of physicians. Nothing in this act contained shall be construed so as to protect any druggist or registered pharmacist from any penalty or forfeiture prescribed in any other law regulating the sale of alcoholic or other intoxicating liquors; and the name of any registered pharmacist who shall be convicted twice of the violation of such law, shall be stricken from the register, and he shall no longer be a registered pharmacist. Nor shall this act be construed to authorize any person to carry on the business of a druggist without first having obtained a license therefor, if such license be required by any other law, or to sell, offer or expose for sale, any of the liquors, drinks, mixtures or preparations mentioned in section one of chapter thirtytwo of the Code of West Virginia, as amended and re-enacted by chapter one hundred and seven of the Acts of 1877, except for medicinal, mechanical or scientific purposes. And no sale of any such liquors, drinks, mixtures or preparations shall be made by any druggist or registered pharmacist, except upon the written prescription of a practicing physician in good standing in his profession, and not of intemperate habits, specifying the name of the person and the quantity of such liquors to be furnished him; but no druggist or registered pharmacist, who is a practicing physician, shall himself, or by his agent or clerk, sell any such liquors, drinks, mixtures or preparations upon his own prescription. And if any person carrying on or interested in the business of a druggist shall, in violation of this section, sell any such liquors, drinks, mixtures or preparations, he shall be guilty of a misdemeanor, and for such offense be fined not less than twenty-five nor more than one hundred dollars; and it shall be the special duty of the judge of every circuit court to give this provision in charge to the grand juries of their respective courts. In any prosecution against a person carrying on or interested in the business of a druggist for selling any such liquors, drinks, mixtures or preparations, contrary to law, if the sale be proved, it shall be presumed that such sale was unlawful, unless the contrary be shown.

Code, 1899, p. 993.

a So in Code.

ADULTERATION OF DRUGS.

7. Merchants responsible for quality of drugs sold; exceptions; penalty. Every applicant for registration as a pharmacist shall present to the commissioners of pharmacy satisfactory evidence that he is a person of good moral character and not addicted to drunkenness, and all persons whether registered pharmacists or not, shall be held responsible for the quality of all drugs, chemicals and medicines they may sell or dispense, with the exception of those sold in the original packages of the manufacturer, and those known as "patent medicines." Any person who shall knowingly, intentionally and fraudulently adulterate or cause to be adulterated any drugs, chemicals or medical preparations, or knowingly sell any adulterated drugs, chemicals or medical preparations, shall be deemed guilty of a misdemeanor, and upon conviction thereof, be fined not exceeding one hundred dollars, and if he be a registered pharmacist, his name shall be stricken from the register.

Code, 1899, p. 992.

12. Responsibility of enforcement. It shall be the duty of the board to investigate all complaints and charges of noncompliance or violation of the provisions of this act, and to bring the same to the notice of the proper prosecuting officer, as provided for in section seven of this act, whenever there appears to the board reasonable grounds for such action.

14. Penalty. Any person violating any of the provisions of this act shall be guilty of a misdemeanor, and for every such offense shall be fined not less than twenty-five nor more than one hundred dollars, and (except as provided in section seven of this act) the name of any person convicted of such violation shall be stricken from the register and he shall no longer be a registered pharmacist in this State. It shall be the duty of the clerk of the court in which, or the justice of the peace before whom any conviction is had, to transmit forthwith a certified copy of the record entry of such conviction to the commissioners of pharmacy, who shall thereupon strike the name of the person so convicted from the register. All fines collected under any of the provisions of this act shall be paid one-half to the State school fund and the other half to the commissioners of pharmacy.

Code, 1899, p. 994-995.

WISCONSIN.

It is the duty of the State dairy commissioner to enforce the law regarding adulterated drugs, but the working force of the dairy and food commission has been so small that no systematic effort has been made to prosecute violators of the law.

REGISTERED PHARMACISTS.

66

1409g. Penalty for unlicensed sale of drugs; assistants; terms defined; labels. Any person who shall retail, compound or dispense or permit to be retailed, compounded or dispensed drugs, medicines or poisons, except paris green put up in packages labeled “paris green, poison", or institute or conduct any pharmacy, store or shop for retailing, compounding or dispensing drugs, medicines or poisons in any town, city or village having five hundred or more inhabitants, unless such person shall be a registered pharmacist or shall employ and place in charge of such pharmacy, store or shop a registered pharmacist shall forfeit fifty dollars for each offense. Any person who shall retail, compound or dispense or permit to be retailed, compounded or dispensed drugs, medicines or poisons, except paris green put up in packages labeled paris green, poison", in his store or place of business in towns, cities or villages having less than five hundred inhabitants, or institute or conduct any pharmacy, store or shop for retailing, compounding or dispensing drugs, medicines or poisons in any town, city or village having less than five hundred inhabitants, unless such person shall be a registered pharmacist or registered assistant pharmacist or shall employ and place in charge of such pharmacy, store or shop a registered pharmacist or registered assistant pharmacist, shall forfeit fifty dollars for each offense; provided, that under the personal supervision of a registered pharmacist a registered assistant may compound or dispense prescriptions and vend drugs, medicines or poisons without incurring such forfeiture; and that nothing herein shall be construed to interfere with any practicing physician from dispensing his own medicines, or supplying his patients with such articles as may seem to him proper, nor interfere with the general sale of proprietary medicines, prepared and compounded within the state by physicians and registered pharmacists, if the same shall be sold in sealed packages on which shall be printed or stamped the name of the contents and the directions for using, together with the name of the physician or pharmacist by whom prepared and compounded, nor interfere with the general sale of proprietary medicines that have been prepared and compounded outside the state and brought into the state, nor with the sale of the usual domestic remedies, nor with the exclusively wholesale business of any dealer. The term "usual domestic remedies ", referred to in said section, is hereby construed to include alum, ammonia, borax, bay rum, castor oil, camphor spirits, camphor gum, copperas, glycerine, epsom salts, glauber salts, rochelle salts, fennel seed, indigo, magnesia, potash, senna leaves, sulphur, vaseline, insect powder, resin, turpentine, and blue vitrol.a Poisonous drugs or medicines, such as rough on

a So in Statutes.