regulations with regard to the proper method of collecting and examining drugs and articles of food in said District.

It shall be the duty

5. Health officer to investigate complaints of violations. of the health officer to investigate a complaint for a violation of any of the provisions of this Act on the information of any person who lays before him satisfactory evidence by which to substantiate such complaint.

6. Samples to be furnished. Every person offering for sale or delivering to any purchaser any drug or article of food included in the provisions of this Act shall furnish to any analyst or other officer or agent of the health department, who shall apply to him for the purpose and shall tender him the value of the same, a sample sufficient for the purpose of analysis of any such drug or article of food which is in his possession.

7. Portion of sample to be reserved.

In all cases where any drug or article of food shall be taken as a sample to be examined and analyzed the person making the analysis shall reserve a portion of the sample, which shall be sealed, for a period of thirty days from the time of taking such sample, and in case of a complaint the reserved portion alleged to be adulterated shall, upon application, be delivered to the defendant or his attorney.

8. Unlawful to hinder inspector. No person shall hinder, obstruct, or in any way interfere with any inspector, analyst or other person of the health department in the performance of his duty in carrying out the provisions of this Act. 9. Penalty. All prosecutions under this Act shall be in the police court of said District, on information brought in the name of the District of Columbia, and on its behalf; and any person or persons violating any of the provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than five dollars nor more than one hundred dollars. Approved, February 17, 1898.

U. S. Statutes at Large, vol. 30, p. 246 et seq.
4

27587-No. 98-06

FLORIDA.

The commissioner of agriculture is charged with the enforcement of the food and drug law.

REGISTERED PHARMACISTS.

817. Conduct of drug store. It shall be unlawful for any person not a registered pharmacist, within the meaning of this chapter, to conduct any pharmacy, drug store, apothecary shop or store, located in any village, town or city in the State of Florida, of more than 200 inhabitants, or within two miles of any incorporated city or town of more than 200 inhabitants, for the purpose of retailing, compounding or dispensing medicines or poisons for medical use, except as hereinafter provided.

818. Compounding and dispensing drugs. It shall be unlawful for the proprietor of any store or pharmacy, in any village, town or city, in the State of Florida, of more than 200 inhabitants, or within two miles of any incorporated city or town of more than 200 inhabitants, to allow any person except a registered pharmacist to compound or dispense the prescription of a physician, or to retail or dispense any poison for medical use, except as an aid to, and under the supervision of a registered pharmacist. Laws 1899, p. 108-109.

Revised Statutes, 1892, p. 322.

SALE OF POISONS.

822. Restrictions; labeling; penalty. It shall be unlawful for any person not a registered pharmacist to retail any poisons enumerated below: Arsenic and all its preparations, corrosive sublimate, white and red precipitate, biniodide of mercury, cyanide of potassium, hydrocyanic acid, strychnine, and all other poisonous vegetable alkaloids and their salts, and the essential oil of almonds, opium and its preparations, except paregoric and other preparations of opium containing less than two grains to the ounce, aconite, belladonna, colchicum, conium, nux vomica, henbane, savin, ergot, cotton root, cantharides, creosote, veratrum, digitalis, and their pharmaceutical preparations, croton oil, chloroform, chloral hydrate, sulphate of zinc, mineral acids, carbolic and oxalic acids; and he shall label the box, vessel or paper in which said poison is contained with the name of the article, the word poison, and the name and place of business of the seller; nor shall it be lawful for any person to deliver or sell any poisons enumerated above unless upon due inquiry it be found that the purchaser is aware of its poisonous character and represents that it is to be used for a legitimate purpose. The provisions of this section shall not apply to the dispensing of poisons in not unusual quantities or doses upon the prescriptions of practitioners of medicine. Any violation of this section shall make the principal of said store liable to a fine of not less than ten dollars or more than one hundred dollars: Provided, however, that this section shall not apply to manufacturers making and selling at wholesale any of the above poisons: And provided, that each box, vessel or paper in which said poison is

contained, shall be labeled with the name of the article, the word poison, and the name and place of business of the seller. (Laws 1889, p. 111.)

825. Morphine to be wrapped in scarlet paper. It shall not be lawful for any druggist or other dealer in drugs and medicines to sell or offer for sale, sulphate, or other preparation, of morphine, unless the same is wrapped in a scarlet paper and plainly labeled. (Laws 1881, p. 88.)

Revised Statutes, 1892, p. 322 et seq.

2666. Penalty for violation of sec. 822. Any violation of section 822 relative to sale of poisons shall render the principal of the store wherein the same are sold liable to a fine not exceeding one hundred dollars.

2667. Penalty for sale of morphine not wrapped in scarlet paper. Any druggist or other dealer in drugs and medicines who shall sell or offer for sale any sulphate or other preparations of morphine, without wrapping the same in a scarlet wrapper and plainly labelling it, shall be punished by fine not exceeding fifty dollars for each and every offence. (Laws 1881, p. 88.)

Revised Statutes, 1892, p. 832.

8. Indiscriminate distribution of substances containing poison; penalty. Whoever leaves or deposits any poison or any substance containing poison, in any common street, alley, lane or thoroughfare of any kind, or in any yard or inclosure other than the yard or inclosure occupied or owned by such person, shall, upon conviction thereof, be fined not more than fifty dollars, or imprisoned not more than thirty days, or both, and shall be liable for all damages sustained thereby.

Laws 1901, p. 116.

ADULTERATION OF DRUGS.

821. Owner responsible for quality of drugs sold. Every registered pharmacist, apothecary and owner of any store shall be held responsible for the quality of all drugs, chemicals or medicines he may sell or dispense, with the exception of those sold in original packages of the manufacturer and also those known as proprietary, and should he knowingly intermingle and fraudulently adulterate or cause to be adulterated such drugs, chemicals or medical preparations, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not more than five hundred dollars or imprisoned in the county jail not exceeding six months, and in addition thereto his name shall be stricken from the register. (Laws 1889, p. 111.)

Revised Statutes, 1892, p. 322.

2668. Penalty for fraudulent adulteration. Whoever fraudulently adulterates for the purpose of sale, any drug or medicine, or sells any fraudulently adulterated drug or medicine, knowing the same to be adulterated, shall be punished by imprisonment not exceeding one year, or by fine not exceeding four hundred dollars, and such adulterated drugs and medicines shall be forfeited and destroyed under the direction of the court, and if the offender be a registered pharmacist, his name shall be stricken from the register.

Revised Statutes, 1892, p. 832.

1. Mixing or staining with injurious ingredients; penalty. No person shall mix, color, stain or powder, or order, or permit any other person to mix, color, stain, or powder, any article of food or drugs with any ingredient or material

so as to render the article injurious to health, or manufacture any article of food which shall be composed in whole or in part of diseased, decomposed, offensive, or unclean animal or vegetable substance with the intent that the same may be sold in the said State, and no person shall sell any such article so mixed, colored, stained, powdered, or manufactured.

Any person violating this section shall be guilty of a misdemeanor, and for each offense be fined not exceeding two hundred dollars for the first offense, and for each subsequent offense not exceeding three hundred dollars, or imprisonment not exceeding one year, or both, in the discretion of the court.

2. Mixing or staining so as to affect quality or potency of drugs. No person shall, except for the purpose of compounding as hereinafter described, mix, color, stain, or powder, or order or permit any other person to mix, color, stain or powder any drug with any ingredient or material so as to effect injuriously the quality or potency of such drug, with the intent that the same may be sold in said State, and no person shall sell any such drug so mixed, colored, stained, or powdered, under the same penalty in each case respectively as in the preceding section for a first and subsequent offense.

3. Ignorance of adulteration. No person shall be liable to be convicted under either of the two last foregoing sections of this act in respect of the sale of any article of food, or of any drug, if he shows to the satisfaction of the court before whom he is charged that he did not know of the article or drug sold by him being so mixed, colored, stained, or powdered, as in either of those sections mentioned, and that he could not, with reasonable diligence, have obtained that knowledge.

4. Penalty for additions or adulterations; exemptions. No person shall sell any article of food or drug which is not of the nature, substance, and quality of the article as represented by the vendor, and any person violating this section shall be guilty of a misdemeanor, and for the first offense be fined not exceeding fifty dollars, and for each subsequent offense not exceeding one hundred dollars, or imprisonment not exceeding six months, or both, in the discretion of the court; Provided, That an offense shall not be deemed to be committed under this section in the following cases, that is to say:

First. Where any matter or ingredient not injurious to health has been added to the food or drug because the same is required for the production or preparation thereof as an article of commerce, in a state fit for carriage or consumption, and not fraudulently to increase the bulk, weight, or measure of the food or drug, or conceal the inferior quality thereof.

Second. Where the drug or food is a proprietary medicine.

Third. Where the food or drug is compounded as authorized in this act. Fourth. Where the food or drug is unavoidably mixed with some extraneous matter in the process of collection or preparation.

5. Ingredients must be in accordance with purchaser's demand; penalty; proviso. No person shall sell any compound article of food or compounded drug which is not composed of ingredients in accordance with the demand of the purchaser.

Any person violating this section shall be guilty of a misdemeanor and fined not exceeding fifty dollars; Provided, That no person shall be guilty of any such offense as aforesaid in respect of the sale of an article of food or a drug mixed with any matter or ingredient not injurious to health, and not intended, fraudulently, to increase it a bulk, weight, or measure, or conceal its inferior quality, if at the time of delivering such article or drug he shall supply to the

a So in Statutes.

person receiving the same a notice, by a label, distinctly and legibly written or printed on or with the article or drug, to the effect that the same is mixed.

7. Defendant must prove conditions under proviso (sec. 5). In any prosecution under this act, where the fact of an article having been sold in a mixed state has been proved, if the defendant shall desire to rely upon proviso contained in this act, it shall be incumbent upon him to prove the same.

8. Dealer ignorant of adulteration. If the defendant in any prosecution under this act prove to the satisfaction of the court that he had purchased the article in question as the same in nature, substance, and quality as that demanded of him by the purchaser, and with a written warranty to that effect; that he had no reason to believe at the time when he sold it that the article was otherwise; and that he sold it in the same state as when he purchased it, he shall be discharged from the prosecution.

9. Forging of warranty; penalty. Any person who shall forge, or shall use, knowing it to be forged, any certificate or any writing purporting to contain a warranty, as provided in section eight of this act, shall be guilty of a misdemeanor and be punishable, on conviction, by imprisonment for a term not exceeding one year with hard labor.

10. False or misapplied warranties; penalty. Every person who shall wilfully apply to any article of food or a drug a certificate or warranty given in relation to any other article or drug, or who shall give a false warranty in writing to any purchaser in respect of an article of food or drug sold by him as principal agent, or who shall wilfully give a label with any article sold by him which shall falsely describe the article sold, shall be guilty of a misdemeanor, and on conviction be fined not to exceed one hundred dollars.

11. Chemist. The analysis provided for in this act shall be under the control of the Commissioner of Agriculture under such rules and regulations as he may prescribe.

12. Demands for analysis. Any purchaser of an article of food or of a drug shall be entitled to have such article analyzed by such analysist," and to receive from him a certificate of the result of his analysis. And any health officer, inspector of nuisances, or any food inspector may procure any sample of food or drug, and if he suspects the same to have been sold to him contrary to any provision of this act, he shall submit the same to the Commissioner of Agriculture to be analyzed, who shall with all convenient speed cause such analysis to be made and give a certificate to such officer, wherein he shall specify the result of the analysis.

13. Purchase of samples for analysis. If any officer mentioned in section 12 of this act shall apply to purchase any article of food or any drug exposed to sale or on sale by retail on any premises, or in any shop or store, and shall tender the price for the quantity which he shall require for the purpose of analysis, not being more than shall be reasonable a requisite, and the person exposing the same for sale shall refuse to sell the same to such officer, such officer shall have the right to enter the premises where the same shall be so exposed for sale and seize and take into his possession a sufficient quantity of any such food or drug, and shall keep same for the purpose of analysis. 14. Definition. The term "drug," as used in this act, shall include all medicines for internal and external use.

15. Exemption of certain articles. The Commissioner of Agriculture may from time to time declare certain articles or preparations to be exempt from the provisions of this act; and it shall be the duty of the. Commissioners to

a So in Statutes.