9j. Compound must be sold under its true name. No person shall mix, color, stain or powder any article of food, drink or medicine, or any other article which enters into the composition of food, drink or medicine, with any other ingredient or material, whether injurious to health or not, for the purpose of gain or profit, or sell, or offer the same for sale, or order or permit any other person to sell or offer for sale any article so mixed, colored, stained or powdered, unless the same be so manufactured, used or sold or offered for sale under its true and appropriate name, and notice that the same is mixed or impure is marked, printed or stamped upon each package, roll, parcel or vessel containing the same, so as to be and remain at all times readily visible, or unless the person purchasing the same is fully informed by the seller of the true name and ingredients (if other than such as are known by the common name thereof) of such article of food, drink or medicine, at the time of making sale thereof or offering to sell the same. (Laws 1881, p. 74.)

91. Penalty. Any person convicted of violating any provision of any of the foregoing sections of this act, shall, for the first offense, be fined not less than twenty-five dollars ($25), nor more than two hundred dollars ($200); for the second offense he shall be fined not less than one hundred dollars ($100), nor more than two hundred dollars ($200), or confined in the county jail not less than one month, nor more than six months, or both, at the discretion of the court; and for the third and all subsequent offenses, he shall be fined not less than five hundred dollars ($500) nor more than two thousand dollars ($2000), and imprisonment in the penitentiary not less than one year, nor more than five years.

9m. Exception. No person shall be convicted under any of the foregoing sections of this act, if he shows to the satisfaction of the court or jury that he did not know that he was violating any of the provisions of this act, and that he could not, with reasonable diligence, have obtained the knowledge.

1881, p. 74.)

(Laws

9n. State's attorneys to enforce act. The State's attorneys of this state are charged with the enforcement of this act, and it is hereby made their duty to appear for the people and to attend to the prosecution of all complaints under this act, in their respective counties, in all courts.

Revised Statutes (Hurd), 1897, p. 543 et seq.

14. Adulteration prohibited; prosecution; penalty; analyst. No person shall add to or remove from any drug, medicine, chemical or pharmaceutical preparation, any ingredient or material for the purpose of adulteration or substitution, or which shall deteriorate the quality, commercial value, or medicinal effect, or which shall alter the nature or composition of such drug, medicine, chemical or pharmaceutical preparation so that it will not correspond to the recognized tests of identity or purity. Any person who shall thus adulterate or alter or cause to be adulterated or altered any drug, chemical, medicine or pharmaceutical preparation; or any person who shall sell or offer for sale or cause to be sold any such adulterated drug, chemical, medicine or pharmaceutical preparation; or any person who shall, without notification to the purchaser, substitute or cause to be substituted one material for another, shall be liable to prosecution under this act. If convicted, he shall be liable to all the costs of the action and all the expenses incurred by the board of pharmacy in connection therewith, and for the first offense be liable to a fine of not less than fifty dollars nor more than one hundred dollars, and for each subsequent offense a fine of not less than seventy-five nor more than one hundred and fifty dollars.

The board of pharmacy is hereby empowered to employ an analyst or chemist expert, whose duty it shall be to examine into the so-claimed adulteration, substitution or alteration, and report upon the result of his investigation; and, if said report justify such action, the board shall duly cause the prosecution of the offender, as provided in this law. The latest edition of the United States Pharmacopoeia is hereby adopted as the standard in determining the recognized tests of identity and purity under this act.

Laws 1901, p. 238.

ADULTERATION OF LIQUORS WITH DRUGS.

8. Penalty. Whoever adulterates, for the purpose of sale, any liquor used or intended for drink, with cocculus-indicus, vitriol, grains of paradise, opium, alum, capsicum, copperas, laurel water, logwood, Brazil wood, cochineal, sugar of lead, or any other substance which is poisonous or injurious to health; and whoever sells or offers or keeps for sale any such liquor so adulterated, shall be confined in the county jail not exceeding one year, or fined not exceeding $1,000, or both. (Revised Statutes, 1845, p. 175.)

Revised Statutes (Hurd), 1897, p. 541.

INDIAN TERRITORY.

The law of Indian Territory does not specifically prohibit the sale of adulterated drugs.

REGISTERED PHARMACISTS.

1. Compounding or dispensing drugs. It shall hereafter be unlawful for any person other than a registered pharmacist or assistant pharmacist, as hereinafter defined, to retail, compound, or dispense drugs, medicines, and pharmacal preparations in the Indian Territory as at present compounded and refined, unless such person shall be a registered pharmacist as this Act provides, or shall place in charge of said pharmacy, store, or shop a registered pharmacist, except as hereinafter provided.

10. Penalty. Any person who is not a registered pharmacist in the meaning of this Act who shall keep a pharmacy, store, or shop for the compounding and dispensing of physicians' prescriptions, and who shall not have in his employ in said pharmacy, store, or shop a registered pharmacist in the meaning of this Act, shall for each and every offense be liable to a fine of not less than twentyfive dollars nor more than two hundred dollars.

12. Proprietor not to permit dispensing by unregistered clerk; exemptions. Any proprietor of a pharmacy or other person who shall permit the compounding and dispensing of physicians' prescriptions or the vending of drugs, medicines, or pharmaceutical preparations in his store or place of business, except by a registered pharmacist or assistant pharmacist in the meaning of this Act, or under the immediate supervision of such registered pharmacist or such assistant pharmacist, or who, while continuing the pursuit of pharmacy in the Indian Territory, shall neglect to procure his annual registration, or any person who shall willfully make any false representations to procure for himself or another registration under this Act, shall for each and every offense be liable to a fine of one hundred dollars: Provided, That nothing in this Act shall interfere with the business of those merchants who keep on sale such poisons, acids, and chemicals as are regularly used in agriculture, mining, and the arts, when kept and sold for such purposes only in sealed and plainly labeled packages: Provided, also, That nothing in this Act shall in any manner interfere with the business of any physician in regular practice, nor prevent him from supplying to, his patients such articles as may to him seem proper, nor with the marketing and vending of proprietary and patent medicines in towns of one thousand inhabitants or less, nor with the exclusive wholesale business of any dealers, except as hereinafter provided; Provided, also, That nothing in this Act shall in any manner interfere with the business of merchants in towns having less than one thousand inhabitants or in which there is no licensed pharmacy or with country merchants to sell or vend such medicines, compounds, and chemicals as are required by the general public and in form and manner prescribed by the board of pharmacy. Approved April 28, 1904.

U. S. Statutes at Large, vol. 33, pt. 1, p. 550 et seq.

SALE OF POISONS.

14. Labels, record, penalty. It shall be unlawful for any person, from and after the passage of this Act, to retail any of the following poisons, except as follows: Arsenic and its preparations, corrosive sublimate, white precipitate, biniodide of mercury, cyanide of potassium, hydrocyanic acid, strychnine, and all other poisonous vegetable alkaloids and their salts; essential oil of bitter 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, savine, ergot, cotton root, cantharides, creosote, digitalis, and their pharmaceutical preparations, croton oil, chloroform, chloral hydrate, sulphate of zinc, mineral acids, carbolic acid and oxalic acid, without distinctly labeling the box, vessel, or paper in which the said poison is contained with the name of the article, the word "poison", and the name and the place of business of the seller. Nor shall it be lawful for any registered pharmacist or other person to sell any of the poisons above enumerated without, before delivering the same to the purchaser, causing 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 of the poison sold, the purpose for which it is represented by the purchaser to be required, and the name of the dispenser, such a book to be always open for inspection by the proper authorities and to be preserved for at least five years. The provisions of this section shall not apply to the dispensing of poisons in not unusual quantities, or doses, upon the prescription of practitioners of medicine. Any violation of the provisions of this section shall make the offender liable to a fine of not less than twenty-five dollars and not more than one hundred dollars, and upon conviction for the second offense, in addition to the fine he shall have his name stricken from the register. Approved, April 28, 1904.

U. S. Statutes at Large, vol. 33, pt. 1, p. 550 et seq.

INDIANA.

It is the duty of the State board of health to enforce the laws of the State relating to drug adulteration and the State health officer is inspector of drugs. An effort is being made to enforce the law.

SALE OF POISONS.

8. Retail sale of poisons only by registered pharmacist; exceptions. It shall be unlawful for any person to conduct a store or pharmacy in which is sold at retail, or to sell at retail, any chemical, drug or medicine, which is poisonous, or which contains a poison, or to compound for sale at retail, any physician's prescription, unless there be in charge a Registered Pharmacist, or a Registered Assistant Pharmacist, under the provisions of this act. And, Provided, That nothing in this act shall apply to, nor in any manner interfere with the business of a regularly licensed physician in compounding for and supplying his patients with such medicines as may seem to him proper in his professional capacity as a physician. And, Provided, That nothing in this act shall apply to, nor in any manner interfere with the business of a general merchant in selling any of the following articles, to-wit: Patent or proprietary medicines, which are not poisonous, paregoric, hive syrup, spirit of camphor, Epsom salts, tincture of arnica, compound cathartic pills, Paris green, London purple, white hellebore, concentrated lye, sodium carbonate, sodium bicarbonate, tobacco, spices, perfumes, flavoring extracts, borax, copperas, alum, sulphate of quinine, or any chemicals or preparations commonly employed as dye stuffs or insecticides, and such other articles as may from time to time be allowed by the Board of Pharmacy.

9. Penalty. Any person violating any of the provisions of Section 8 of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not exceeding one hundred dollars, nor less than five dollars for each offense.

Acts 1899, p. 163.

581. Provision as to sale of opium, morphine and cocaine. It shall be unlawful for any druggist or druggist's clerk to sell, barter, trade or give away any opium, morphine or cocaine to any person addicted to the habitual use of opium, morphine or cocaine, unless such person secure a written prescription therefor from a licensed physician. Any person violating any provision of this section shall, on conviction, be fined for each separate offense in any sum not less than ten dollars nor more than fifty dollars.

Acts 1905, p. 722.

ADULTERATION OF DRUGS.

539. Prohibition; drug defined, adulteration defined; duty of State board of health; samples; penalties. No person shall, within this state, manufacture for sale, offer for sale, or sell any drug or article of food which is adulterated.