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DRUG STORE REGISTRATION LAW

CHAPTER 81.

Laws of Utah, 1919.

Sec. 1. Statement Filed.-That all persons, firms, copartnerships and corporations owning, conducting or carrying on a wholesale or retail pharmacy, drug store or business within the State of Utah shall, on or before the first day of June, 1919, file with the secretary of the State Board of Pharmacy of the State of Utah a statement, in form of affidavit, setting forth the following facts: The name of the owner of the business or establishment, and stating whether the owner is an individual, co-partnership or corporation, and if a corporation the state of its incorporation, the location of the business or establishment, and the name under which the business or establishment is generally known or transacts business; provided, however, if an individual, copartnership or corporation owns or operates more than one store or establishment, either in the same city or town or in different cities or towns in the State of Utah, the owner or operator may include in one affidavit the statement of fact as to the several stores or establishments.

Sec. 4. Terms.-The terms "pharmacy" and "drug store or business" as used in this Act shall mean a store or business wherein drugs, medicines and poisons are compounded. (Approved Feb. 26, 1919.)

POISON AND NARCOTIC LAW

TITLE 3, CHAPTER 2.

Compiled Laws of Utah, 1917.

(As Amended.)

4425. Labeling. It shall be unlawful for any person to vend, sell, give away or furnish, either directly or indirectly, any poisons enumerated in schedules "A" and "B" in Section 4431 without labeling the package, box, bottle 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 person furnishing the same. Said label shall be substan

tially in the form hereinafter provided. It shall be unlawful to sell or deliver any of the poisons named in schedule "A" or any other dangerously poisonous drug, chemical, or medicinal substance, which may from time to time be designated by the State Board of Pharmacy, unless on inquiry it is found that the person desiring the same is aware of its poisonous character, and it satisfactorily appears that it is to be used for a legitimate purpose. (1915, p. 74.)

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4429. Exemptions.-Wholesale dealers and pharmacists shall affix or cause to be affixed to every bottle, box, parcel or other enclosure of an original package containing any of the articles named in schedule "A" the additions thereto, or in Sections 4432 and 4436, a suitable label, or brand, with the word "poison," but they are hereby exempted from the registration of the sale of such articles when sold at wholesale to a registered pharmacist, physician, dentist or veterinary surgeon duly licensed to practice in the State: Provided, That the provisions of this Title shall not apply to the sale of such upon the prescriptions of practicing physicians, dentists or veterinary surgeons who are duly licensed to practice in this State: And, Provided, further, That wholesale dealers are hereby exempted from the registration of the sales of articles enumerated in Schedule A of Section 4431, where such sales are made for assaying, metallurgical, scientific or industrial uses and purposes.

4431. Schedules. *** The following is schedule A referred to in section 4425, viz.: Arsenic, its compounds and preparations; corrosive sublimate, and other poisons derivatives of mercury; corrosive sublimate tablets; antiseptic tablets containing corrosive sublimate; cyanide of potassium; strychnine; hydrocyanic acid; oils of croton, rue, tansy, pennyroyal, savin; ergot and cottonroot and their preparations; phosphorous and its poisonous derivatives and compounds; compound solution of cresol; lysol; strophanthus or its preparations; aconite, bella-donna, nux vomica, veratrum viride, their preparations, alkaloids, or derivatives, and poisons containing any of the poisons enumerated in this schedule; chloral hydrate; essential oil of bitter almonds, opium, or any of its preparations; any poisonous vegetable alkaloids and their salts; carbolic acid (phenol) containing more than ten per cent of said acid.

The following is schedule B: Hydrochloric or muriatic acid; nitric acid; oxalic acid; sulphuric acid; bromine; chloroform; cowhage, creosote; ether; solution of formaldehyde or formalin; cantharides, cocculus indicus, all their preparations; iodine or its tinctures; tartar emetic and other poisonous derivatives of antimony; sugar of lead; sulphate of zinc; wood alcohol; conium; hyoscyamus; nitro-glycerine and its preparations; santonine; digitalis; solutions of carbolic acid (phenol) containing not over ten per cent of carbolic acid (phenol), and not less than ten per cent of ethyl alcohol. The container should be labeled showing percentage of acid and alcohol. (As amended by Ch. 66, '27.)

4432. Unlawful to Sell Certain Drugs. It shall be unlawful for any person, firm or corporation to sell, furnish, or give away, or offer to sell, furnish, or give away, or to have in possession, any cocaine, opium, morphine, codeine, heroin, peyote (mescal button), alpha eucaine, beta eucaine, nova caine, flowering tops and leaves, extracts, tinctures, and other narcotic preparations of hemp or loco weed, (cannabis sativa, Indian hemp), mariguana, or chloral hydrate, or any of the salts, derivatives, or compounds of the foregoing substances, or any preparation or compound containing any of the foregoing substances, or their salts, derivatives, or compounds, excepting upon the written order or prescription of a physician, dentist, or veterinary surgeon licensed to practice in this State, which order or prescription shall be dated and shall contain the name and address of the person for whom prescribed, written in by the person writing said prescription; or if ordered by a veterinary surgeon, it shall state the kind of animal for which ordered and shall be signed by the person giving the prescription or order; provided, however, that this exception shall not apply to anhalonium or peyote, the use whereof in any form whatsoever being hereby positively prohibited; and it is hereby further provided, that it shall be unlawful for any person, association, or corporation to carry or cause to be carried into or within this State any of said anhalonium or peyote, or any compound, manufacture, derivative, or preparation thereof. Such order or prescription shall be permanently retained on file by the person, firm, or corporation compounding or dispensing the articles ordered or prescribed, and no order or prescription shall be refilled. such orders or prescriptions, after filing, shall be open to public inspection and shall be preserved for at least three years. The foregoing provisions of this section shall not apply to sales at wholesale by jobbers, wholesalers, and manufacturers to registered drug stores or pharmacies, or

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to registered pharmacists, or to licensed physicians, nor to the sale at retail by registered pharmacists to physicians, dentists, or veterinary surgeons duly licensed to practice. All wholesale jobbers, wholesalers, or manufacturers shall, before delivery of any of the articles in this section enumerated, make or cause to be made, in a book kept for that purpose only, an entry of the sale of any such articles, stating the date of such sale, and the quantity and the name of the article, and the form in which sold, the true name and true address of the purchaser, the name of the person by whom such entry or sale was made, also a statement showing how delivery was had, whether personally or by mail, express or by freight, which book shall always be open for inspection by any peace officer or any inspector authorized by the director of the department of registration, and which book shall be preserved at least five years from the date of the last entry therein. The taking of any order, or making of any contract or agreement, by any traveling representative, or any employe, or any person, firm, or corporation for future delivery in this State of any of the articles or drugs mentioned in this section shall be deemed a sale of said articles or drugs by such traveling representative or employe, within the meaning of the provisions of this title, and all such orders, contracts, or agreements shall be recorded in the same book and in the same manner as in this section provided for the recording of sales by wholesale jobbers, wholesalers, or manufacturers. It shall be unlawful for any practitioner of medicine, dentistry, or veterinary medicine to furnish to or prescribe for the use of any habitual user of cocaine, opium, morphine, codeine, heroin, peyote, or chloral hydrate, or any salt, derivative, or compound containing any of the foregoing substances, except that a duly licensed physician may prescribe any of such drugs as he may deem necessary in the treatment of a patient who may be an habitual user of any of such drugs. Such prescription or administration can only be given for the purpose of effecting a cure and not for the purpose of satisfying narcotic addiction as such, and can only be given when the patient for whom prescribed or administered is detained in a hospital, sanitarium or jail and is so supervised that he cannot obtain any of such drugs except upon such prescription.

It shall be unlawful for any practitioner of medicine or dentistry to prescribe any of the foregoing drugs for any person not under his treatment in the regular practice of his profession, or for any veterinary surgeon to prescribe any of the foregoing drugs for the use of any human being.

The above provisons of this section shall not apply to preparations or remedies sold or dispensed by a registered pharmacist, without a physician's prescription, which preparations or remedies contain not more than two grains of opium, or one-fourth grain of morphine, or one grain of codeine, or one-eighth grain of heroin, or one-half grain extract cannabis indica, or ten grains chloral hydrate, in one fluid ounce, or, if a solid preparation, in one ounce, avoirdupois; or to liniments, ointments, or other preparations which are prepared for external use only, except liniments, ointments, and other preparations which contain cocaine or any of its salts, or alpha or beta eucaine or any of their salts or any synthetic substitute for them; provided, that such remedies and preparations are sold, distributed, given away, dispensed, or possessed as medicines and not for the purpose of evading the intentions and provisions of this title. Such remedies and preparations must be registered, as is required for Schedule A poisons, and it shall be unlawful for any person to give a false or fictitious name or make any false representation to the seller or dealer when buying any of such remedies or preparations.

It shall be unlawful for any person to alter, forge or counterfeit any order or prescription executed by any duly licensed physician, dentist, veterinarian or other duly authorized person for any of the narcotics or drugs enumerated in this section. (As amended by Ch. 65, L. 1927.)

INSECTICIDE AND FUNGICIDE LAW

CHAPTER 82, LAWS OF 1919.

(As Amended.)

Sec. 1. Prohibitions.-It shall be unlawful for any person, firm or corporation to manufacture, import or sell, or offer, keep, or expose for sale or distribution within the State of Utah, any adulterated or misbranded insecticide or fungicide.

Sec. 2. Adulteration Defined. For the purpose of this act an insecticide or fungicide shall be deemed to be adulterated. * * * (C) In case of any insecticide or any fungicide other than Paris green and lead arsenate: First, if its strength or purity falls below the professed standard or quality under which it is sold. Second, if any substance has been substituted wholly or in part for any valuable con

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