with the name of the article, the word "POISON" and the name and place of business of the seller.

Nor shall it be lawful to sell or deliver any poison named in schedules “A” and "B" unless, on inquiry, it is found that the person is aware of its poisonous character, and that it is to be used for a legitimate purpose. Nor shall it be lawful to sell or deliver any poison included in schedule "A" without making, [or] causing to be made an entry in a book for that purpose only, stating the date of sale, and the name and address of purchaser, the name and quantity of poison sold, the purpose for which it is stated by the purchaser to be required, and the name of the dispenser; said book always to be open for inspection by the proper authorities and to be preserved at least five years.

The provisions of this section shall not apply to the dispensing of poisons, when prescribed by practitioners of medicine, nor to the sale of poisons if a single bottle or package does not contain more than an ordinary dose. Dealers shall affix to every bottle, box or parcel, or other inclosures of an original package containing any of the articles named in schedules "A" and "B" of this Act, a suitable label or brand with the word poison, but they are hereby exempted from the registration of such article when sold at wholesale, or to a registered pharmacist or physician. Any person failing to comply with the requirements of this section shall be guilty of a misdemeanor, and upon conviction shall be liable to a fine not exceeding fifty dollars.

11. Poison schedules.

SCHEDULE "A."

Arsenic, corrosive sublimite,a cyanide of potassium, hydrocyanic acid, struchnia, cocaine, and all other poisonous vegetable alkaloids and their salts, opium and all its preparations, excepting those which contain less than two grains to the ounce.

SCHEDULE "B."

Aconite, belladonna, colchicum, conium, nux vomica, savin, cantharides, phosphorus, digitalis, and their pharmaceutical preparations, croton oil, chloroform, chloral, sulphate of zinc, sugar of lead, mineral acids, carbolic acids, and oxalic acid, white precipitate, red precipitate, biniodide of mercury, essential oil of almonds.

Laws 1903, p. 125–127.

ADULTERATION OF DRUGS.

351. Druggists responsible for mistakes in filling orders. Every apothecary, druggist or person carrying on business as a dealer in drugs or medicines, or person employed as clerk or salesman by such person, who, in putting up any drugs or medicines, or making up any prescription, or filling any order for drugs or medicines, wilfully, negligently, or ignorantly, omits to label the same, or puts an untrue label, stamp, or other designation of contents upon any box, bottle, or other package containing any drugs or medicines, or substitutes a different article for any article prescribed or ordered, or puts up a greater or less quantity of any article than that prescribed or ordered, or otherwise deviates from the terms of the prescription or order which he undertakes to follow, in consequence of which human life or health is endangered, is guilty of a misdemeanor, or if death ensues, is guilty of a felony.

Revised Statutes, 1901, p. 1246.

a So in Statutes..

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 tɔ 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.

66

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,