HAWAII. 61 



person shall sell or furnish opium or any preparation thereof, except upon the 

 written prescription of a duly licensed physician signed by him. 



1400. Penalty. Any person who shall sell or furnish any poisonous drugs with- 

 out a license so to do ; or who shall violate any of the terms of this chapter, shall 

 he fined not less than fifty nor more than five hundred dollars, or be im- 

 prisoned at hard labor not exceeding six months in the discretion of the court. 



1401. Distribution of druys by board of health. Nothing in this chapter con- 

 tained shall be construed to prevent the Territory or the board of health from 

 using or distributing any drugs, or medicine. Laws 1896, p. 231-232. 



Revised Laws, 1905, p. 566-507. 



ADULTERATION OF DRUGS. 



1041. Prohibition. No person shall within the Territory of Hawaii manufac- 

 ture, offer for sale, keep for sale or sell, any drug or article of food which is 

 adulterated within the meaning of this chapter. 



1042. "Drug" defined. The term " drug" as used in this chapter shall include 

 all drugs, medicines or medical preparations for external or internal use, 

 antiseptics, antiseptic dressings, disinfectants and cosmetics. 



1043. Adulteration defined. An article shall be deemed to be adulterated 

 within the meaning of this chapter : 



(a) In the case of drugs: (1) If, when manufactured, sold, offered for sale 

 or kept for sale, under or by a name recognized in the United States pharma- 

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

 therein; (2) if, when manufactured, sold, offered for sale or kept for sale, 

 under or by a name not recognized in the United States pharmacopoeia, but 

 which is found in some other pharmacopoeia, or other standard work on materia 

 medica, it differs 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; (4) if it contains any substance inimical or 

 dangerous to life without the same being duly stated on the label or wrapper. 



(b) * * * 



1044. Commissioner; appointment; bond. To carry out the provisions of this 

 chapter, the board of health shall appoint a duly qualified food commissioner or 

 analyst, who shall receive such salary as the legislature shall from time to 

 time appropriate, and who shall furnish good and sufficient bonds of not less 

 than two thousand dollars for the proper and unprejudiced performance of his 

 duties, and who shall be provided by the board of health with the necessary 

 apparatus, together with a proper office and laboratory for work. 



1045. Duties of commissioner. It shall be the duty of the food commissioner 

 to carefully inquire into the quality of the several articles which are foods, 

 drugs or the necessary constituents of foods or drugs, manufactured or kept 

 for sale, or sold or exposed for sale within the Territory of Hawaii ; and he 

 may in a lawful manner procure samples thereof, submit the same to careful 

 examination, and report the result of such analysis of all or any of such drugs, 

 food and drink products or dairy products as are adulterated, impure or un- 

 wholesome, in contravention of the laws of the Territory of Hawaii to the board 

 of health ; and it shall be the duty of the food commissioner to make complaint 

 with the necessary evidence through the proper authorities, against such manu- 

 facturer or vendor. 



1046. Complaints. The food commissioner shall investigate complaints on the 

 information of any person who shall lay before him satisfactory evidence of 

 the same, 



