8. Manufacture and sale; penalty; prosecution. No person shall add to or remove from or cause to be added to or removed from any drug, chemical or medicinal preparation, any ingredient or material for the purpose of adulteration or substitution, or which shall deteriorate the quality, commercial value or medicinal effect, or alter the nature of composition of such article, and no person shall knowingly sell, or offer for sale any such adulterated, altered or substituted drug, chemical or medicinal preparation without informing the purchaser of the adulteration or sophistication of the article sold or offered for sale. Every registered pharmacist shall file or cause to be filed all physicians' prescriptions compounded or dispensed in his pharmacy or store; they shall be preserved for two years and he shall furnish a correct copy of any prescription, upon the order or request of the attending physician.

Any person who shall wilfully violate any of the provisions in this section shall be guilty of a misdemeanor, and upon conviction thereof shall be liable to all costs of the action and for the first offense be liable to a fine not exceeding fifty dollars and for each subsequent offense a fine of not less than fifty dollars or more than one hundred dollars, said fine to be paid over to the said Board of Pharmacy.

Upon written complaint being entered against any person or persons charging them with specific violation of any of the provisions of this Act, the Board of Pharmacy is hereby empowered to delegate one of its members or other suitable person, who shall have authority to inspect drugs, chemicals, or medicines, and to make a thorough investigation of the case; he shall then report the result of his investigation and if such report justify such action, the Board shall notify the Prosecuting Attorney or District Attorney, who shall prosecute the offender according to law.

Laws 1903, p. 124-125.

337. Adulteration or dilution prohibited. Every person who adulterates or dilutes any article of food, drink, drug, medicine, spirituous or malt liquor, or wine, or any article useful in compounding them, with a fraudulent intent to offer the same, or cause or permit it to be offered for sale as unadulterated or undiluted, and every person who fraudulently sells, or keeps or offers for sale the same as unadulterated or undiluted, is guilty of a misdemeanor.

338. Tainted products. Every person who knowingly sell, or keeps or offers for sale, or otherwise disposes of any article of food, drink, drug or medicine, knowing that the same has become tainted, decayed, spoiled, or otherwise unwholesome or unfit to be eaten or drank, with intent to permit the same to be eaten or drank, is guilty of a misdemeanor.

Revised Statutes, 1901, p. 1244.

ARKANSAS.

The prosecuting attorneys of the several counties are authorized to institute prosecutions for violations of the pharmacy law, which includes a section prohibiting the adulteration of drugs.

REGISTERED PHARMACISTS.

5273. Conduct of drug stores and compounding of prescriptions; penalty. It shall be unlawful for any person not a registered pharmacist, within the meaning of this act, to conduct any drug store, pharmacy or apothecary shop, or store for the purpose of retailing, compounding or dispensing medicines in any city or incorporated town in the state of Arkansas, except as hereinafter provided, and that it shall be unlawful for the proprietor of such store or pharmacy to allow any person other than a registered pharmacist to compound or dispense the prescriptions of physicians, except as an aid to and under the supervision of a registered pharmacist. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be liable to a fine of not less than five nor more than one hundred dollars. (Laws 1891, p. 81.)

Kirby's Digest of Statutes, 1904, p. 1127.

5283. Penalty; exceptions. Any person not a registered pharmacist as provided in this act, who shall conduct a drug store or pharmacy, or place for compounding or dispensing drugs, medicines or chemicals for medical use, in any city or incorporated town in the state of Arkansas, or who shall take, use or exhibit the title of registered pharmacist without the same has been regularly conferred on him, as set forth in sections 5278 and 5279 shall be deemed guilty of a misdemeanor, and, upon conviction thereof, be liable to a penalty of not less than five nor more than one hundred dollars. Provided any person or persons not a registered pharmacist may own or conduct such a store, if he or they keep constantly in their store a registered pharmacist. Provided further, this act shall not apply to physicians putting up their own prescriptions, nor to the sale of those articles commonly known as grocers' drugs," nor to the sale of patent or proprietary medicines or non-secret medicines. (Laws 1891, p. 84.) Kirby's Digest of Statutes, 1904, p. 1129.

SALE OF POISONS.

6382. Sale of cocaine restricted.

It shall be unlawful for any person to sell at retail cocaine or any of its salts to anyone except a physician, or on the written order of a physician.

6383. Exemption. Nothing herein contained shall apply to, or in any manner interfere with, the compounding and dispensing of medicines by a medical practitioner, or upon the prescriptions of one.

6384. Labels.

It shall be unlawful to sell at retail arsenic and its compounds, strychnine and its salts, corrosive sublimate, hydrocyanic acid, phosphorus, opium, morphine, laudanum, or any preparation of opium containing over two grains to the ounce, without the same be plainly labeled in English with the name of the article, the name of the seller, and the word Poison."

6385. Penalty. Any person who shall violate any of the provisions of this act shall upon conviction thereof, be sentenced to pay a fine of not less than twentyfive nor more than one hundred dollars for each offense. Laws 1899, p. 268. Kirby's Digest of Statutes, 1904, p. 1322.

ADULTERATION OF DRUGS.

5281. Prohibition; penalty. Any registered pharmacist who shall knowingly, intentionally and fraudulently adulterate or cause to be adulterated any drugs, chemicals or medical preparations, and offer such adulterations for sale, shall be deemed guilty of a misdemeanor, and, upon conviction therefor, his license shall thereby be revoked, and, in addition thereto, he shall be liable to a penalty of not less than five nor more than one hundred dollars. (Laws 1891, p. 84.)

Kirby's Digest of Statutes, 1904, p. 1129.

CALIFORNIA.

The board of pharmacy may make such investigations relative to the quality of drugs sold as it deems necessary and may appoint inspectors to examine suspected drugs and institute prosecutions when evidence of the sale of adulterated drugs is found.

REGISTERED PHARMACISTS.

1. Compounding and vending drugs. It shall be unlawful for any person to manufacture, compound, sell, or dispense any drug, poison, medicine or chemical, or to dispense or compound any prescription of a medical practitioner, unless such person be a registered pharmacist or a registered assistant pharmacist within the meaning of this act, except as hereinafter provided. Every store, dispensary, pharmacy, laboratory or office for the sale, dispensing or compounding of drugs, medicines or chemicals, or for the dispensing of prescriptions of medical practitioners, shall be in charge of a registered pharmacist. A registered assistant pharmacist may be left in charge of a store, dispensary, pharmacy, laboratory or office for the sale, dispensing, or compounding of drugs, medicines or chemicals, or for the dispensing of prescriptions of medical practitioners only during the temporary absence of the registered pharmacist. Temporary absence within the meaning of this act shall be held to be only those unavoidable absences which may occur during a day's work, and when the registered pharmacist in charge shall be within immediate call, ready and able to assume the direct supervision of said pharmacy. No registered assistant shall conduct a pharmacy. Every store or shop where drugs, medicines or chemicals are dispensed or sold at retail, or displayed for sale at retail, or where physicians prescriptions are compounded, which has upon it or in it as a sign, the words "pharmacist," pharmaceutical chemist," "apothecary," "druggist," "pharmacy," drugstore," drugs," or any of these words, or the characteristic show-bottles or globes, either colored or filled with colored liquids, shall be deemed a "pharmacy" within the meaning of this act.

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Statutes, 1905, p. 535.

SALE OF POISONS.

1. Labeling. It shall be unlawful for any person to retail any of the substances poisonous, and by reason thereof dangerous to human life, without distinctly labeling the bottle, box, vessel, or package, and the wrapper or cover thereof in which such substance is contained, with the common or usual name thereof, together with the word "poison," and the name and place of business of the seller. Nor shall it be lawful for any person to retail any of the substances enumerated in either of said schedules to any person, unless, on due inquiry, it is found that the person receiving the same is aware of its poisonous character, and that it is to be used for a legitimate purpose.

2. Record. It shall be unlawful for any person to retail any of the substances enumerated herein, unless, before delivering the same, such person shall make,

or cause to be made, in a book kept for that purpose only, an entry stating the date of the sale, the name and address of the purchaser, the name and quantity of the substance sold, the purpose for which it is stated by the purchaser to be required, and the name of the dispenser. The book required by this act shall be always open to inspection by the proper authorities. It shall also be the duty of the person dispensing any of the substances enumerated in either of said schedules to ascertain, by due inquiry, whether the name and address given by the person receiving the same are his true name and address, and for that purpose may require such person to be identified.

3. Penalty; exceptions. Any person who shall dispense any of the substances enumerated in either of said schedules without complying with the regulations herein prescribed, shall, for every such offense, be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment; provided, that nothing in this act shall be so construed as to apply to the prescriptions of any physician authorized to practice medicine under the laws of this state.

4. Poison schedules. This act shall take effect and be in force from and after June first, eighteen hundred and eighty.

SCHEDULE "A."

Arsenic, corrosive sublimate, hydrocyanic acid, cyanite a of potassium, strychnia, essential oil of bitter almonds, opium, aconite, belladonna, conium, nux vomica, henbane, tansy, savin, ergot, cotton root, digitalis, chloroform, chloral hydrate, and all preparations, compounds, salts, extracts, or tinctures of such substances, except preparations of opium containing less than two grains to the fluid ounce.

SCHEDULE "B."

White precipitate, red precipitate, red and green iodides of mercury, colchicum, cantharides, oxalic acid, croton oil, sulphate of zinc, sugar of lead, carbolic acid, sulphuric acid, muriatic acid, nitric acid, phosphorus, and all preparations, compounds, salts, extracts, or tinctures of such substances. Statutes 1880, p. 102.

Penal Code (Deering), 1903, p. 641 et seq.

347a. Conditions of sale and labeling. No person must retail any arsenic, corrosive sublimate, hydrocyanic acid, cyanide of potassium, strychnia, essential oil of bitter almonds, opium, aconite, belladonna, conium, nux vomica, henbane, tansy, savin, ergot, cotton root, digitalis, chloroform, chloral hydrate, or any preparation, compound, salt, extract or tincture, of such substances, except preparations of opium containing less than two grains to the fluid ounce, white precipitate, red precipitate, red and green iodides of mercury, colchicum, cantharides, oxalic acid, croton oil, sulphate of zinc, sugar of lead, carbolic acid, sulphuric acid, muriatic acid, nitric acid, phosphorus, or any preparation, compound, salt, extract, or tincture, of such substances, without first distinctly labeling the bottle, box, vessel, or package, and the wrapper or cover thereof in which such substance is contained, with the common or usual name thereof, together with the word "poison," and the name and place of business of the seller. Nor must any such sale be made to any person, unless it is found, on due inquiry, that he is aware of its poisonous character, and that it is to be used a So in Statutes.