rats, carbolic acid, aconite, laudanum, paregoric and spirits of nitre may be sold by general stores in sealed packages only said package to be properly labeled by a registered pharmacist of Wisconsin. The label shall have the name of a registered pharmacist thereon, and the words “Registered Pharmacist of Wisconsin, Certificate No. with the proper directions for the use thereof. The sale of these articles put up by wholesale druggists or manufacturers, not registered pharmacists of Wisconsin, is not legal under this act.

Statutes, 1898, vol. 1, p. 1057 (as amended, Laws 1899, p. 510).

4601c. Labels; penalty.

SALE OF POISONS.a

Any person who shall by himself, his servant or agent or as the servant or agent of any other person, sell, exchange, deliver, or have in his possession with intent to sell or exchange or expose or offer for sale or exchange any medicine known as patent or proprietary, or of which the formula is kept secret by the manufacturer, which contains morphine, strychnine, cocaine or poisonous or narcotic alkaloid or drug, in any quantities which the state board of health shall deem harmful to the life or health of the public, unless the presence of the same be distinctly shown by a label upon the bottle or package and upon the outer wrapper thereof, shall be punished as provided in section 4601a. [Note: Sec. 4601a provides for a fine of not less than twenty-five nor more than one hundred dollars, or imprisonment in the county jail for not less than thirty days nor more than four months.] (Laws 1897, p. 277.)

Statutes, 1898, vol. 2, p. 2785.

1419. Labeling; record; penalty. No person shall sell at retail or give away any poison commonly recognized as such, except paris green put up in packages and labeled "paris green, poison", and especially aconite, arsenic, and its preparations, belladona,a biniodide of mercury, carbolic acid, chloral hydrate, chloroform, conium, corrosive sublimate, creosote, croton oil, cyanide of potassium, digitalis, hydrocyanic acid, morphine, nux vomica, oil of savin, oil of tansy, oil of bitter almonds, oil of cloves, ovalic acid, opium and preparations of opium, phosphorus, sulphuric ether, strychnine, sugar of lead, sulphate of zinc, white precipitate, red precipitate, or any mixture containing enough of any of said poisons or of any combination of them sufficient to kill a person taking the same without affixing to the box, bottle, vessel or package containing the same and to the wrapper or cover thereof a label bearing the word poison "distinctly shown, together with the name and place of business of the seller. And every person who shall sell at retail any such poison shall keep in his place of business a book in which shall be entered an accurate record of the sale of all poisons; such record shall contain the amount purchased, the date, for what purpose purchased and the buyer's name and address, and shall be, during ordinary business hours, subject to the inspection of the district attorney of the county in which such store is located or of any authorized agent of the state board of pharmacy. Any person failing or neglecting to comply with the provisions of this section shall forfeit for each such violation not less than five dollars nor more than fifty dollars.

66

Statutes, 1898, vol. 1, p. 1067.

a See also sec. 1409g, p. 203.

b So in Statutes.

4608g. Label on vaccine virus, etc.; penalty. Any person who or corporation which shall sell or gratuitously distribute any vaccine virus, therapeutical serum, modified toxins or similar products with the intention that they shall be used in the prophylaxis or treatment of contagious disease, without having his or its name stamped in plain English letters thereon or on the package or bottle containing the same, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars. (Laws 1897, p. 262.)

Statutes, 1898, vol. 2, p. 2794.

ADULTERATION OF DRUGS.

4600. Penalty for sale; "drug" defined. Any person who shall, by himself, his servant of agent or as the servant or agent of any other person, sell, exchange, deliver or have in his possession with intent to sell, exchange, offer for sale or exchange any drug or article of food which is adulterated, shall be fined not less than twenty-five dollars nor more than one hundred dollars or be imprisoned in the county jail not less than thirty days nor more than four months. The term "drug," as used in this section, shall include all medicines for internal or external use, antiseptics, disinfectants and cosmetics.

* * *

4601. Definition of adulteration.

An article shall be deemed to be adulterated

within the meaning of the preceding section:

1. In the case of drugs: First, 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 in the latest current edition thereof; second, if, when sold under or by a name not recognized in said pharmacopoeia, but which is found in the pharmacopoeia of some other country, the national formulary or other standard work on materia medica, it differs materially from the standard of strength, quality or purity laid down in the latest current edition of such work; third, if its strength, quality or purity falls below the professed standard under which it is sold. * ** Laws 1897. p. 275–276.

*

Statutes, 1898, vol. 2, p. 2783-2784.

1410a. Duties of dairy commissioner in enforcing the law. It shall be the duty of the commissioner to enforce the laws regarding the production, manufacture and sale of dairy products, the adulteration of any article of food or drink or of any drug, and personally or by his assistants to inspect any milk, butter, cheese, lard, sirup, coffee, tea or other article of food or drink or drug made or offered for sale within the state which he may suspect or have reason to believe to be impure, unhealthful, adulterated or counterfeit, and to prosecute or cause to be prosecuted any person, firm or corporation engaged in the manufacture or sale of any adulterated or counterfeit article or articles of food or drink or drug in violation of law. The district attorney of the county in which a violation of any such law has occurred shall, when called upon by the commissioner or either of his assistants to do so, give all the aid he can to secure the execution of the law and shall prosecute cases arising under the provisions of this chapter or other provisions of these statutes relating to the adulteration of food, drinks and drugs and their sale. Such commissioner shall have power to appoint, with the approval of the governor, special counsel to prosecute or assist in the prosecution of any case arising under the provisions of these statutes imposing a penalty for adulterating dairy products or

practicing deception or fraud in the manufacture and sale thereof. All fines collected in prosecutions begun or caused to be begun by the dairy and food commissioner or either of his assistants shall be paid into the state treasury.

1410b. Samples for analysis. The commissioner, his agent or assistant * * * may enter any place or building in which there is reason to believe that any food, drink or drug is made, prepared, sold or offered for sale, and may open any package or receptacle of any kind containing, or which is supposed to contain, any article of food, drink or drug, and examine or analyze the contents thereof. Any such article or a sample thereof may be seized or taken for the purpose of having it analyzed; but if the person from whom it is taken shall so request, at the time of taking, the officer shall then and in the presence of such person securely seal up two samples of such article, one of which shall be for analysis under the direction of the commissioner, the other shall be delivered to the person from whom the sample or article was obtained.

* * *

1410c. Submission of articles for analysis; evidence. The State board of health, medical officers of local boards of health, town and village boards or common councils may submit to the dairy and food commissioner samples of water or other drinks, or food or drugs for analysis, and the same shall be examined and reports made of the analysis thereof to the body or officer submitting the same as soon as practicable; such reports shall fully specify the result of the analysis and be signed by such commissioner; they shall be accepted in all courts and places as prima facie evidence of the properties or condition of the articles analyzed.

Statutes, 1898, vol. 1, p. 1059–1060.

DISTRIBUTION OF SAMPLES.

4601d. Restrictions; penalty. Any person who shall by himself, his servant or agent, or as the servant or agent of any other person leave, throw or deposit or have in his possession with intent to leave, throw or deposit upon the doorstep or premises owned or occupied by another or who shall deliver to any child under the age of fifteen years, when not accompanied by an adult, any patent or proprietary medicine or any preparation, pill, tablet or drug that contains poison or other ingredients deleterious to health, as a sample or in any quantity whatever for the purpose of advertising or otherwise, shall be deemed guilty of a misdemeanor and shall be punished as provided in section 4601a. [By a fine of $25 to $100 or imprisonment of 30 days to 4 months.]

Laws, 1901, p. 468.

WYOMING.

The commissioners of pharmacy are empowered to employ analysts to investigate complaints relative to the adulteration of drugs and may institute prosecutions.

REGISTERED PHARMACISTS.

2213. Only registered pharmacists can retail drugs. It shall not be lawful for any person, other than a registered pharmacist, to retail, compound or dispense drugs, medicines or poisons, or to open or conduct any pharmacy or store for retailing, compounding or dispensing drugs, medicines or poisons unless such person shall be, or shall employ and place in charge of such pharmacy or store, a registered pharmacist within the meaning of this chapter, except as hereinafter provided.

66

2222. Penalty; assistants. Any person not being, or having in his employ, a registered pharmacist within the meaning of this chapter, 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, for each and every offense, be liable to a penalty of fifty dollars. Any registered pharmacist, who shall permit the compounding and dispensing of prescriptions or the vending of drugs, medicines or poisons in his store or place of business, except under the supervision of a registered pharmacist, or except by a registered assistant " pharmacist, or any pharmacist or registered 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 for every offence, be liable to a penalty of fifty dollars; Provided, That nothing in this chapter shall apply to or in any way interfere with the business of any physician, or prevent him from supplying to his patients such articles as may seem to him proper, nor with the making or vending of patent or proprietary medicines, or medicines placed in sealed packages, with the name of the contents, and of the pharmacist or physician by whom prepared or compounded, nor with the sale of the usual domestic remedies by retail dealers, nor with the exclusively wholesale business of any dealers as hereinafter provided; 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 as a beverage, on prescription or otherwise. Laws 1888, p. 32 and 35.

Revised Statutes, 1899, p. 626 and 628.

SALE OF POISONS.

2224. Labeling; exemptions; penalty. No person shall sell at retail any poisons commonly recognized as such, and especially aconite, arsenic, belladonna, biniodide of mercury, carbolic acid, chloral hydrate, chloroform, conium, corrosive sublimate, creosote, croton oil, cyanide of potassium, digitalis, hydrocyanic acid, laudanum, morphine, nux vomica, oil of bitter almonds, opium, oxalic

acid, strychnine, sugar of lead, sulphate of zinc, white precipitate, red precipitate, without affixing to the box, bottle, vessel or package containing the same, and to the wrapper or cover thereof, a label bearing the name of the article and the word "poison" distinctly shown, with the name and place of business of the seller. No person shall deliver any of said poisons to any person under the age of fifteen years, nor shall he deliver any of said poisons to any person without satisfying himself that such poison is to be used for a legitimate purpose; Provided, That nothing herein contained shall apply to the dispensing of physicians' prescriptions of any of the poisons or articles aforesaid. It shall be the duty of the person vending any of the poisons aforesaid before delivering the same to the purchaser, to cause an entry 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 sold, and the name of the dispenser; and such book shall always be open for inspection by the proper authorities, and shall be preserved for reference for at least two years. Any person failing to comply with the requirements of this section shall be liable to a penalty of ten dollars for each and every offense. (Laws, 1888, p. 36.) Revised Statutes, 1899, p. 629.

4. Poison labels; penalty. Whenever any pharmacist, druggist, physician or other dealer in poisons, chemicals, medicines and drugs, whether wholesale or retail, within the State of Wyoming shall sell any drug or chemical, and the indiscriminate or careless use of which might be destructive of human life, except that such dealer shall affix to each bottle or package of such drug, chemical or poison a label printed in red ink, and a cautionary emblem of the skull and cross-bones, or the words "Caution" or "Poison" shall upon conviction thereof before any court having competent jurisdiction be fined in any sum not exceeding one hundred dollars nor less than ten dollars.

Laws, 1903, p. 112.

1. Sale of certain dangerous drugs prohibited except upon prescription. It shall be unlawful for any person or persons, firm or corporation, to sell, barter, give away, or have in its, or their possession, or in any manner distribute, any of the drugs known as cocaine, or its derivatives; opium, or its derivatives; chloral hydrate, or its derivatives, or any other drug or combination of drugs, the natural effect of which, is to induce delirium; or to sell, barter, give away, or have in possession, or in any manner distribute, any patent or proprietary medicines, known to contain any of the drugs heretofore mentioned, or the derivatives of any such drugs; except that regular licensed pharmacists may keep for sale and sell such drugs, upon the bona fide written prescription of a regular practicing physician, which prescription must not be repeated or refilled.

2. Penalty. Any person found guilty of a violation of any of the provisions of the preceding section, shall be deemed guilty of a misdemeanor, and, for the first offense, shall be fined not less than fifty dollars, nor more than one hundred dollars, and for each and every conviction of the same offense thereafter shall be fined not less than $100.00 and not more than $250.00, and imprisoned in the county jail not less than sixty days and not more than six months.

3. Unnecessary prescription deemed malpractice. Any physician who shall prescribe any of the drugs herein mentioned, except in cases where its, or their, use is necessitated and required by the then existing physical or mental condition of the person so applying for such prescription, shall, upon conviction thereof, in the manner provided by law, be deemed guilty of malpractice and