CALIFORNIA. 35 



380. Omission of label or false labeling. Every apothecary, druggist, or per- 

 son 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 medi- 

 cines, or making up any prescription, or tilling any order for drugs or medicines, 

 willfully, 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. (Enacted Febniray 14, 1872.) 



Penal Code (Deering), 1903, p. 157. 



382. Adulteration a misdemeanor. 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 the 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, or who, in response to an inquiry for any article of 

 food, drink, drug, medicine, spirituous or malt liquor, or wine, sells or offers for 

 sale, a different article, or an article of a different character or manufacture, 

 without first informing such purchaser of such difference, is guilty of a mis- 

 demeanor; provided, that no retail dealer shall be convicted under the pro- 

 visions of this section if he shall prove a written guaranty of purity obtained 

 from the person from whom he purchased such adulterated or diluted goods. 

 (Enacted February /.'/, 1872; amended, Statutes '1903, p. 351.) 



Penal Code (Deering), 1903, p. 159. 



383. 'Pen alty; adulteration defined. Every person who knowingly sells, or 

 keeps or offers for sale, or otherwise disposes of any article of food, drink, 

 drug, or medicine, knowing that the same is adulterated or lias become tainted, 

 decayed, spoiled, or otherwise unwholesome or unfit to be eaten or drunk, with 

 intent to permit the same to be eaten or drunk, is guilty of a misdemeanor, 

 and must be fined not less than twenty-five nor more than one hundred dollars, 

 .or imprisoned in the county jail not exceeding one hundred days, or both, and 

 may, in the discretion of the court, be adjudged to pay, in addition, all the 

 necessary expenses, not exceeding fifty dollars, incurred in inspecting and ana- 

 lyzing such articles. The term " drug," as used herein, includes all medicines 

 for internal or external use, antiseptics, disinfectants, and cosmetics. Any 

 article is deemed to be adulterated within the meaning of this section: 



(a) In case of drugs: (1) If, when sold under or by a name recognized in 

 the United States Pharmacopeia, it differs materially from the standard of 

 strength, quality, or purity laid down therein; (2) If, when sold under or by a 

 name not recognized in the United States Pharmacopoeia, but which is found 

 in some other" pharmacopeia or other standard work on materia medica, it 

 differs materially from the standard of strength, quality, or purity laid down 

 in such work; (3) If its strength, quality, or purity falls below the professed 

 standard under which it is sold. * * * 



Statutes 1905, p. 709. 



